EEA Nationals (Indefinite Leave to Remain) Bill [HL]

Lord Cormack Excerpts

2nd reading (Hansard): House of Lords
Friday 19th July 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, I am delighted to support the Bill introduced so powerfully by the noble Lord, Lord Oates. I sincerely wish him well. There is no reason why that wish should not be fulfilled. The new Prime Minister could very easily decree that the Bill be fast-tracked through both Houses in the same way as the current Northern Ireland legislation.

I want to make another personal reference, not to the noble Lord, Lord Oates, but to the absent noble Baroness, Lady Hayter. I am certain that the noble Lord, Lord Kennedy, will do an admirable job today, but the noble Baroness has led on EU affairs with enormous distinction and great dedication. It is monstrous and outrageous that she should have been dismissed from her post. I know that she remains the Deputy Leader of the Labour Peers, and long may she so remain, but that she should have ejected from the Front Bench is frankly appalling and I am sure I speak for everyone in your Lordships’ House in sending her our unanimous good wishes for a happy return.

As I said, I am very glad to support the Bill. The noble Lord, Lord Oates, quoted the pledge given by the famous three: Boris Johnson, Michael Gove and Priti Patel. That pledge has been echoed by many fervent Brexiteers in the past three, increasingly difficult, years. My noble friend Lord Forsyth has himself made plain in your Lordships’ House that this is an issue on which he sees eye to eye with those three who made the pledge. It is something we should have done immediately after the referendum. I proposed in your Lordships’ House before the end of June 2016, and I was not alone, that we should take the moral high ground and make a unilateral gesture to demonstrate that, if we are preparing to take back control, we could take immediate control on this issue and so put the minds at rest of all those EU citizens living in this country, many of whom make an enormous contribution to our country.

One has only to think of our universities and the number of EU students and—much more important in this context, in a sense—lecturers and professors who give leadership, add distinction and help make our universities what they are, recognised among the greatest in the world. I had personal experience at the end of last year when I unfortunately had to be in hospital for a time and I frankly lost count of the number of EU citizens working as doctors and nurses and in other capacities in that hospital. That has been the experience, I am sure, of many noble Lords. These are people who have helped to make our country the community or communities that it is. They deserve that unilateral gesture. How much better it would have been had we got this out of the way before the end of 2016.

However, in those time-honoured words, we are where we are. Of course I welcome the fact, as does the noble Lord, Lord Oates, that the Government did make a unilateral declaration. I do not for a moment doubt their total sincerity in making that declaration but, as the noble Lord pointed out in his admirable introductory speech, there are a number of problems with it and it will not give that immediate peace of mind that a far-sweeping piece of legislation could have given. I therefore strongly support what the noble Lord is arguing for today. As I said when I began, at the moment we have a demonstration of how legislation can be fast-tracked, and this is something that deserves that treatment.

Whatever the fate of this Bill, it is really important that the new Prime Minister repeats what he said to that Polish audience a little while ago and that he takes immediate action. Speaking as one who was a remainer but who fully accepted the result of the referendum, and would have accepted the Prime Minister’s deal, as I made plain on many occasions, I look to Mr Johnson, who is so likely to be Prime Minister, to show that he is a man of his word in this area. Because a lot could hang on that—for Mr Johnson, for the Conservative Party and for our country. I am delighted to support the Bill.

Extension of Franchise (House of Lords) Bill [HL]

Lord Cormack Excerpts

2nd reading (Hansard): House of Lords
Friday 19th July 2019 Lords Chamber

[Lord Sherbourne of Didsbury (Con)]

My Lords, I support my noble friend Lord Naseby, and I support the Bill. Before I come on to the main point that I want to make in my speech, I shall pick up one of the points made by the noble Lord, Lord Dubs. He made a very fundamental point about the privilege of voting in general elections. I have always been struck by the empowering way in which general elections happen. Millions of people go into their local library, village hall or church hall. They go into a booth, take the stub of a pencil on the end of a piece of string and put a cross on a scrap of paper. They put that scrap of paper into a tin box and, very often, the next day the entire Government leave office. That is the most empowering thing that we do in a democracy. I happen to like the fact that it happens the next day, because it reminds people that they themselves did it; it was not done in smoke-filled rooms. I remember how empowered I felt when I first voted, and I have voted in every single election, as I suspect most people in this House have. However, the one thing we are not allowed to do is vote in general elections. We are denied that empowering and unifying experience, which is so important to our country.

I support this Bill for one fundamental reason, which is taxation. Everybody in this House pays income tax, VAT and excise duties; they possibly pay capital gains tax; their families might pay inheritance tax. Quite rightly, we in this House do not decide taxation—I agree with that. Members of Parliament in the House of Commons decide that, but we cannot elect those Members. We cannot have any say at all on the levels of taxation imposed upon us. If we were talking about some third-world or newly independent country where they denied certain people the right to elect the people who impose taxes on them, we would be horrified.

I want to give the House two figures. At the last election, there were 46 million people on the electoral roll. Every one of them was entitled to vote for the Members of Parliament who decide taxation. There are 778 people who cannot do that—Members of this House. We are denied that right. This is more than just a minor anomaly; it is fundamentally wrong.

I want to pick up some of the arguments that I suspect—I may be wrong—my noble friend the Minister will deploy in arguing against this Bill, as I am sure he will. The first is that we should not do this via piecemeal reform. This is how House of Lords reform has been done for the last 100 years. There is no prospect of a coherent, comprehensive piece of legislation coming forward. We have changed the composition of the Lords, we have allowed retirement and we now have an attempt to reduce the size of the House. I looked back to see what excuses had been made against individual piecemeal reforms of this House in the past, and I was fascinated by the arguments used against the policy proposed in the 1960s by Viscount Stansgate, better known as Anthony Wedgwood Benn, who wanted to allow hereditary Peers to renounce their peerage. One of the arguments used against that was deployed by the Garter King of the day. He argued that allowing peers to renounce their peerage would subject their wives to what he called “social demolition”. Very weird arguments are used against piecemeal reform, but the only way this House will reform itself in the foreseeable future is precisely by piecemeal reform.

The other argument that will no doubt be used is that there are some technical flaws in the Bill. I do not know if there are or not, but if there are, they can be corrected. This week, we had the Northern Ireland Bill that went through the House in two days. There were technical flaws that had to be corrected, and they were corrected extremely efficiently and swiftly.

The third argument will no doubt be that this is not the right time. Of course, I fear that this Bill will not reach the statute book, because we will come to the end of this Session at some point.

[Lord Cormack (Con)]

Do not bank on it.

[Lord Sherbourne of Didsbury]

I want to put this point to the Minister, and I would like him to answer it if he would. Does he at least accept the fundamental principle that there is something wrong when people who have taxes imposed upon them have no right to decide who imposes them?

Detainee Issues

Lord Cormack Excerpts

Thursday 18th July 2019 Lords Chamber

[Lord Young of Cookham]

I begin by paying tribute to my noble friend who founded and chaired the All-Party Parliamentary Group on Extraordinary Rendition in another place. He has consistently campaigned, in another place and now here, for greater transparency on this subject.

On the UK’s reputation, it is worth quoting what Sir Adrian said in his letter about the posture we have adopted. He says:

“The Consolidated Guidance was drafted and published in 2010. It can fairly be said to have led the field internationally in terms of providing guidance to personnel on intelligence sharing in a manner that protects human rights”.


We want to build on that reputation by implementing the proposals mentioned today.

On the ISC inquiry which my noble friend referred to, I very much regret that it was not possible to find a way for the ISC to conclude its inquiry. The Government’s Memorandum of Understanding with the ISC under the Justice and Security Act 2013 permits the committee to take oral evidence from Ministers, agency heads and senior officials. The committee wanted to take evidence from junior officials, but this is not the usual practice with Select Committees—as a former chair of a Select Committee, my noble friend will know this. We offered senior officials to speak on behalf of more junior ones, but this did not turn out to be acceptable. Having said that, all relevant documentary evidence was provided to the ISC. It took 50 hours of oral evidence and had 40,000 original documents and 30,000 staff hours. I pay tribute to its thoroughness and just have to disagree with my noble friend about his conclusion that, without the further judicial inquiry, this matter remains unresolved.

[Lord Cormack (Con)]

My Lords, as one who shares the concerns and misgivings of the noble Lord, Lord Tyrie, I ask my noble friend: might it be possible to have a judicial panel to review and monitor the implementation of the Fulford recommendations, so that we can have real confidence that they have been properly implemented?

Brexit: Other Policy Areas

Lord Cormack Excerpts

Tuesday 2nd July 2019 Lords Chamber

[Lord Young of Cookham]

I wish I could, but I honestly do not have those figures in front of me. The Civil Service has always had the flexibility to reflect government priorities and move people around from one department to another. At the beginning of the Blair Government, when constitutional reform was a priority—with the Scottish Parliament, the Welsh Assembly and reform of your Lordships’ House—resources were pushed into that. In the 1980s, when we had nationalisation, resources went there. So the Civil Service has the capacity to respond to challenges and, in my view, has always risen to that challenge.

[Lord Cormack (Con)]

My Lords, does the Civil Service have the capacity to respond to all the pledges that are currently being made?

[Lord Young of Cookham]

It would be premature at this stage to cost all the promises that are being made by the two contenders for the leadership of my party. When one of them becomes leader and Prime Minister, no doubt the Civil Service will then present him with a bill. Reality will then move in and difficult choices will have to be made about priorities.

Statistics: Accuracy

Lord Cormack Excerpts

Monday 1st July 2019 Lords Chamber

[Lord Young of Cookham]

As a former Treasury Minister, I view with alarm the weeks that are passing during the contest which is under way, where increasingly generous commitments are being made from the headroom which lasts, I think, for only one year. I hope that, in due course, there will be costings for all these commitments so that the members of my party who are choosing which is the most responsible leader can see which one has the most credible economic policy.

[Lord Cormack (Con)]

My Lords, are statistics written on the side of a bus subject to these strictures?

[Lord Young of Cookham]

I believe my noble friend is referring to the £350 million figure produced during the referendum. That was not a government statistic or a Conservative Party statistic. It was a Vote Leave statistic, which was criticised at the time by Sir Andrew Dilnot, who made it clear that the £350 million was a gross figure that did not take into account the rebate or other flows from the EU to the UK. The gross annual figure of £19.1 billion—the basis of the Vote Leave claim—reduced to £7.1 billion after these factors were taken into account. Sir Andrew concluded, in what might be considered an understatement, that the £350 million figure was “potentially misleading”.

Referendums

Lord Cormack Excerpts

Thursday 13th June 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, I entirely agree with what the noble Lord, Lord Brooke of Alverthorpe, said at the beginning of his brief speech. He said it is ridiculous that we have such a short time to debate such a major subject. It is important that we try to take a grip of the parliamentary timetable. The House will rise at about 6 pm today; there is no reason at all why we should not rise at 7 pm or 7.30 pm, so that people have a proper opportunity to discuss this most important subject. We are grateful to the noble Lord, Lord Soley, for bringing it up.

I want to make one real point and it is this: referendums are inimical to representative democracy, but we have to accept, as the noble Lord, Lord Soley, and my noble friend Lord Norton, said, that they are now part of our system. We need a referendum Bill, becoming a referendum Act, to regulate how they are held. We should first specify that there has to be a certain turnout for a referendum to be valid. Secondly, there has to be an agreed threshold before the referendum can take effect. We had that in 1979 with Scotland. When I came out of Lincoln Cathedral on the morning after the referendum in 2016, one of my fellow congregants said to me, “Even in my golf club we need a two-thirds majority to change the constitution”. We are all, individually and collectively, at fault for not doing that before the 2016 referendum. In any referendum Act, we should certainly do that.

There should be a final provision in such an Act to say that, when an issue has been decided, it cannot be brought before the people again for a specified time. That might be three, five or 10 years, but it would be ridiculous to create a situation in which you could have a referendum at the whim of a group of people. On that issue, I therefore agree with my noble friend Lord Robathan; that is why I have not supported a second referendum. It would be confusion worse confounded to have one. But I believe in parliamentary democracy. Parliament’s will should prevail. Where there is a referendum, it should be carefully determined and regulated. Most of the referenda that we have had in this country have, in effect, been to ratify a decision already taken in Parliament.

Preparing Legislation for Parliament (Constitution Committee Report)

Lord Cormack Excerpts

Wednesday 12th June 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, it is a great pleasure to follow my noble friend Lord Cope of Berkeley. I was fascinated to hear his confession and that of my noble friend Lord Blencathra—that wonderful account of being present when a Bill he was due to present was forensically destroyed in front of him. I am particularly glad to be taking part in a debate opened by my noble friend Lord Norton of Louth, to whom the House, and indeed Parliament, owes a very great deal, for the clarity of his expositions and his extremely sensible approach to legislation.

Next week, on 19 June, I shall enter my 50th year as a parliamentarian. I have been here a very long time, in a career unblemished by ministerial office, so I am taking a special look at the root cause of our having to debate these things, which of course lies in our constitution. My noble friend Lord Hunt of Wirral referred to it in his excellent and admirable speech: the separation of powers. Unlike our great democratic partner, the United States, the Executive here are always drawn from the legislature. This has led to many bouts of schizophrenia over the years. I have noticed how the most forceful of Ministers become the best of poachers when they lose office or find themselves in opposition. I could give many examples but will refrain from doing so because I do not want to lose any more friends.

Fundamental to today’s debate are the conclusions in the two admirable reports before us. My noble friend Lord Norton made two particularly interesting comments when he gently but firmly criticised the general quality of legislation. It is frequently, to use the famous and often-used words of the noble Lord, Lord Reid of Cardowan, “not fit for purpose”. My noble friend also very gently but firmly demolished the replies by the then Leader of the House on behalf of the Government when he said something that really struck a chord with me: they were assertions, not justifications. That is precisely what they are. Sometimes we forget—certainly Governments forget—that Parliament does not exist for the convenience of the Government. That is a fundamental proposition that we should all recite every night: Parliament does not exist for the convenience of government. It is not an arm of government; it is not a servant of government. Parliament is not doing its job adequately unless it is constantly challenging the Government and holding them to account. That may be uncomfortable, but you are not attacking the man or the woman, you are attacking the measure or the proposal—and we ought to be much more rigorous in doing both those things. Delegated powers are not there to enable the Government to circumvent Parliament.

I am delighted that we will hear later from the noble and learned Lord, Lord Judge, who has done perhaps more than anyone in this Parliament to draw our attention constantly to this. He talked in one debate about his grandchildren saying that he “banged on”, but he has banged on brilliantly about delegated legislation, about Henry VIII powers and about Governments having frequently treated Parliament with disdain—and, frankly, never more so than during the agonising years since 23 June 2016. When we have a new Prime Minister and a new Government, I hope there will be a re-evaluation of priorities, a recognition that Parliament is not here to serve a Government but that a Government are here to serve Parliament. Parliament collectively represents the people, and the Government are constantly answerable to those who are in Parliament as the representatives of the people.

I was privileged to have the noble Lord, Lord Beith as a colleague in the other place for many years, after he won that spectacular by-election in Berwick-upon-Tweed, way back in the early 1970s. He held his seat because he was a very good parliamentarian. In his very interesting and rather witty speech, he referred to those catchphrases that we use—the skeleton Bills, the Christmas tree Bills and signal Bills. It is the duty of a Government to bring forward legislation that has been properly thought out and properly drafted. My noble friend Lord Cope of Berkeley referred to the parliamentary draftsmen. As a very young Member of Parliament, I remember being told by a very sage Member, sadly now no longer with us, that a parliamentary draftsman appears to need an “MO degree”. When I asked what that was, he said, “Master of obfuscation”.

We need to rebalance the Executive and Parliament, and to have a Government who will bring forward legislation that is always subject—as our committees have recommended in the past—to pre-legislative scrutiny and, after the passage of a year or two, to post-legislative scrutiny. Has what has been enacted been properly enforced and has it achieved what those who brought the legislation before Parliament wanted?

I shall say two other things. We have to flex our muscles a little more. My noble friend Lord Norton referred to Parliament being very restrained. Perhaps we must reconsider our excessive restraint; the time when we should do so has long passed. I use those words particularly in the context of statutory instruments. My noble friend Lord Hunt talked about the statistics—how, of well over 100,000, only 16 instruments had been voted against in the years since the war. It should become normal to amend statutory instruments. They are crucial; they are a vital part of the legislative armoury of any Government, and Parliament should not merely meekly acquiesce whenever a statutory instrument is brought before it.

The two reports that are the subject of tonight’s debate are representative of the signal service that the committees of this House provide for us. We owe the Constitution Committee under the noble Baroness, Lady Taylor of Bolton, and the committees under my noble friends Lord Blencathra and Lord Trefgarne a very real debt of gratitude. If we are to repay that debt of gratitude, we all—individually and collectively—have to flex our muscles a little more.

European Parliament Elections: Non-UK EU Citizens

Lord Cormack Excerpts

Wednesday 5th June 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, would it not help to calm those who were understandably upset by recent events if this House used much of the time we have at the moment, while we are treading water, to take the moral high ground and pass legislation giving full rights to EU nationals living in this country?

[Lord Young of Cookham]

I believe that was part of the agreement reached by the Prime Minister, which she put to the other place. I hope that however this matter is resolved, what my noble friend has suggested will indeed be the case.

Electoral Commission: Referendums and Elections Spending

Lord Cormack Excerpts

Thursday 23rd May 2019 Lords Chamber

[Lord Young of Cookham]

I accept what the noble Baroness has just said. As I said earlier, were there to be another referendum, there would have to be primary legislation as there was with the last referendum. Noble Lords would have the opportunity to change the law if they felt it was defective in the way that the noble Baroness has indicated. On the other matters, we are taking action. We issued a document earlier this month on the intimidation of voters and candidates, and we are taking action on digital imprints. We are making progress on a number of key issues to uphold the integrity of our electoral system.

[Lord Cormack (Con)]

My Lords, my noble friend has said several times that there is a little bit of spare time to do things. This is such an important issue, and as we have his guarantee that the Government are not suffering total—though perhaps partial—paralysis, can we please have a debate when we come back on this general issue which affects us all?

[Lord Young of Cookham]

I notice the impassive face of my noble friend the Chief Whip, who of course has great influence on what issues we discuss. He will have heard my noble friend’s suggestion, and I know that he will want to discuss it through the usual channels.

Mobile Phones: Public Alert Systems

Lord Cormack Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Young of Cookham]

I agree. One of the themes that came out of the debate in July, which the noble Lord participated in, was the importance of getting the message right and of any message coming from an alerting system being compatible with what the BBC, Sky and social media are doing—all of which may have more on-the-spot responses. This is why, as I said, it requires a slightly different approach the schemes that are already up and running. On the issue of the bollards and other obstructions, I will of course take that up with the relevant government department.

[Lord Cormack (Con)]

My Lords, will my noble friend assure the House that no alert system will ever be capable of foreign intervention? I know that many Members, in all parts of both Houses, are acutely concerned about this.

[Lord Young of Cookham]

One of the advantages of cell broadcasting technology as opposed to SMS texting, which is the alternative scheme, is that cell broadcasting is better proofed against the risks that my noble friend has referred to.