Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Lord Cormack and Lord Horam

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Lord Horam (Con)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Judd, who invariably speaks with eloquence and passion. I was also delighted to hear the speeches of the noble Lords, Lord Polak and Lord Alton, especially in view of the misery they are feeling about the Liverpool result over the weekend. I speak as a Manchester United supporter and I share their misery.

This debate reminds me of the time, some years ago, when the Government of the day asked pensioners to sacrifice their pension books, which they took to the post office, for payment directly into their bank accounts. At the time I was the MP for Orpington, trying to defend a majority of 269. A Labour Government perpetrated this change and it was manna from heaven, frankly. I remember waxing on about the heartlessness of a Government who took away from old-age pensioners the comfort of the book that they took to the post office every week. It was hard-hearted but, in retrospect, the direction of travel was entirely right. The issue is always how it is handled and the time you allow people to make the adjustment necessary in the circumstances. This is happening here.

It has been pointed out that the Australian Government now have an entirely digital system. As my noble friend on the Front Bench knows, I have been a supporter of the Australian system that they have partly converted to, but not wholly—not enough. The truth, as pointed out in the excellent speech of the noble Lord, Lord Oates, is that although the Australian Government have gone to an entirely digital system, for eight years they allowed people to have a paper system for no cost, and for a further three years they could pay to have a paper system alongside the digital system. For a total of 11 years, they allowed this change to take place. The Government are expecting this to happen by next July. The reality is that it will not. Can anyone imagine this sort of digital change taking place by next July, with all the uncertainty we have heard about with digital behaviour of this kind? I think not.

I wish the Minister not only to think about the greatest happiness for the greatest number—as said by the noble Lord, Lord Kerr—and to look at things from the point of view of ordinary people, as all Governments should, but to avoid a U-turn, which they will probably have to later if they do not listen to what we are saying tonight.

[Lord Cormack (Con)]

I take some comfort from that, because this Government have shown themselves to be fairly good at U-turns. I hope we see one this evening. In 50 years in Parliament, I have never been more perplexed by any debate and the obduracy of a Government without a cause that is defensible.

What we are doing here is willingly inflicting pain and worry on people who have often served our country, who love our country, who wish to continue to make their life in our country and who make enormous contributions to our country. We are saying to them—I speak as a digital agnostic—“You do this, or else.” It is an indefensible position. I joke about my own position because, until we went into lockdown, I had never possessed a computer, never used a computer and never had any desire to use a computer. I do it now and, with the aid of the wonderful digital support service we have in the House, I have been able to make many speeches on the screen and have attended numerous meetings through Zoom and Microsoft Teams—and I have hated every one of them.

We should be a tolerant House. Tolerance is one of the defining characteristics of the British people, yet we have seen it crack in several places over the past few years. Many of the letters that your Lordships have received, as I have, from truly worried people speak about the creeping xenophobia in our country following Brexit. As everyone in your Lordships’ House knows, I deeply regret that decision, but I have always accepted it. I argued passionately for Mrs May’s deal—Lady May, as she is now. Many of those people feel less wanted. That is extremely sad.

There are one or two things that we should all bear in mind. In his splendid introduction to this debate, the noble Lord, Lord Oates, to whom we are all grateful, referred to the Horizon scandal. It is reaching the end almost as we speak, but not the end for those who suffered—not the end for those who were told that here was a perfect digital system that could not conceivably be wrong; no, that was wrong. We should also remember Windrush—people put into a position of terrible distress because their bona fides were not accepted. Surely we can learn from these things. Surely we can learn from the experiences to which many of your Lordships have referred last Wednesday and this very day. We are not dealing with perfection; we are dealing with clever systems that can frequently let people down. My noble colleague talked about the farm payments scheme. I had many in my former constituency who lived in parts of Staffordshire where there was not good reception. Some of them were driven almost demented by it and the Government saw sense.

Many of your Lordships have paid deserved tribute to my noble friend on the Front Bench. She has shown herself to be a colleague who understands this House and who tries to give time to people who have worries about various aspects of government policy—she will have been very busy recently. I want to say to her directly: please do not let yourself down. Go and see the Home Secretary tomorrow and tell her that you tore up your brief, because it is not worth having. There is no logical, sensible answer to this extremely modest proposal. My noble friend would earn more than an accolade—she would deserve a halo—if she said, “You have been talking sense; I have been talking rubbish, and we are now going to put it right.”

Criminal Justice and Courts Bill

Debate between Lord Cormack and Lord Horam

Tuesday 9th December 2014 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, when I intervened on the Minister and asked for the evidence or indications to underpin the need for this amendment, he, as the House heard, declined to give the same. It was important to add evidence or indications. I perfectly accept that a lot of the matters with which we are dealing in this amendment cannot be susceptible to simple adding or subtracting.

I want to make one point. I believe that we live in a time of democratic crisis. The public are voting for UKIP and, to some extent, they voted in droves for Scottish independence because there is a real breakdown of confidence in the main parties. We all know that there is a breakdown of trust in the great institutions of our state, in business and in us. We cannot brush aside the expenses tragedy of a few years back as if it is all forgotten and done with. It is not. I went to Clacton and canvassed. My goodness, it is not. There is a breakdown in trust. Of all the times to bring in a provision as contained in Clause 64, this is absolutely not the time.

Surely it is a simple point that the one thing that controls and contains any Government, however strong or however wrong, is the instrument of judicial review. I do not think that it is justifiable at all to reduce the extent and power of judicial review to any extent. That is the rule of law. If the proposal were to be brought forward, it surely could be brought forward with any semblance of decency only if the evidence for the need for it—the essentiality of it—was abundantly plain. We all know that it is absolutely as miles from that as it could be.

I am completely persuaded that there is only one thing to do tonight. I regret voting against a heavy whip but sometimes we all know that we have to do that, which is what this House is here for. I say again, we cannot take the step proposed by the Government to reduce the extent and power of judicial review.

[Lord Horam (Con)]

My Lords, perhaps I may add an element of balance to this debate, although balance may not be exactly the right word since I probably am the only person who is going to speak in support of my noble friend the Minister in order that the debate may be not wholly, completely 100% unbalanced but a little bit balanced. I want to explain to noble Lords what worries us. I am not a lawyer so I cannot comment on some of the technical points that have been made. I am worried that there is considerable abuse of judicial review.

My noble friend Lord Deben—who was kind enough to say on a previous occasion that we have never disagreed on anything even when we were in different parties, which is largely true—said, in relation to the example brought forward at the beginning of the Minister’s speech, that it was not very convincing. I remind the House of the example which is, I think, shocking and a defining example of how judicial review can be abused. That point is made by the noble Lord, Lord Adonis, in his book, Education, Education, Education. He wrote:

“As soon as academy projects became public, opponents seized on judicial review as a means to stop them. Ultimately they failed, but only after years of lengthy, expensive and immensely distracting court actions, mostly funded by legal aid with the real opponents—the National Union of Teachers and anti-academy pressure groups—masquerading as parents too poor to afford to pay legal fees”.

That is an example of some years ago.

My understanding is that that is happening today not only in education but in rail. For example, the Government have already had to spend £460,000 in outside legal fees to defend the judicial reviews against HS2. I am aware of judicial reviews in regard to roads. Development was rather scoffed at by the noble Lord, Lord Beecham, but in many instances it means housing projects and we need more housing in this country.

[Lord Cormack]

Is my noble friend really saying that the legitimate environmental concerns of people who have misgivings about HS2 should be overridden regardless? Surely it is entirely legitimate for those who have real interests to be able to pursue those interests by legal means.

[Lord Horam]

Indeed, but the point about judicial review is that it is a technical discussion about the process of law-making. Have the Government behaved illegally? Have they consulted properly? That is what judicial review is about. If you want to have an argument about HS2 it should take place in the Chamber quite openly. There are quite clearly profound differences of opinion about the process of HS2 but it is not judicial review that should be encompassing that. There should be an open debate about the merits and demerits of a particular project.

Scotland: Independence Referendum

Debate between Lord Cormack and Lord Horam

Thursday 30th January 2014 Lords Chamber

[Lord Horam (Con)]

My Lords, in her excellent short book, Acts of Union and Disunion, the historian, Linda Colley, points out that nationalist sentiment in the UK has always increased during periods of peace. Thus, during the long Victorian peace, we had the Irish issue and home rule; in the inter-war period, Plaid Cymru and the SNP were founded; and now we have an SNP Government in Scotland and a referendum on Scottish independence in the autumn.

Every state in the world has fault-lines of this kind. We are quite normal in that respect and should not excessively beat ourselves up just because we have this problem at this time. Indeed, as migration and globalisation increase—and they will—and memories of our distant wartime past diminish with time, these fault-lines may increase. This problem will not go away. It is also a problem that is a challenge to the whole British polity; it is not just a problem for our Scottish friends. I believe profoundly that the answer to the problem lies in imaginative leadership. As my noble friend Lord Lang so eloquently put it in his introductory remarks, leadership is crucial in this area. We need to look at not only good leadership and good governance but the framework for governance.

In her book, Professor Colley argues that the next thing we should do is establish an English Parliament to match the Scottish Parliament and the Welsh and Northern Ireland Assemblies. Indeed, an English Parliament would be the only way to deal with the West Lothian question. You can ameliorate it by other means but you cannot resolve it. The noble Lord, Lord Bourne of Aberystwyth, made the point about the English dog which is not yet barking. This would deal with some of the underlying English resentment, which I felt as a Member of Parliament both in the far north of England and in London. In those two situations, I felt that bubbling away even though it is incoherent and not yet particularly evident. Given that an English Parliament may be sited outside London, I even think that it could deal with some of the north-south tensions which are growing at the moment. The pull of London is still extremely strong and is likely to continue to strengthen. Therefore, the establishment of an English Parliament and proper devolution around the whole country would ease a number of the problems we are faced with at the moment.

If this were to be a viable runner—obviously it is an argument—when should we begin talking about it?

[Lord Cormack]

Never.

[Lord Horam]

My noble friend Lord Cormack and I have to disagree. We agreed the other night on that terrible Bill of which we have finally disposed but we have to disagree on this. I note that he lives outside London and perhaps has some interest in the north-south dimension. None the less, the noble Lord, Lord Lang, made the pertinent point that it would be wrong to discuss the possibility of an English Parliament and wider devolution before the choice is made in the autumn. I respect his judgment on that and perhaps that is where the political wisdom lies. However, in the context of the remarks of the noble Lord, Lord Parekh, looking at this from afar, as an Englishman trying to see the scene in Scotland as it unfolds, it has occurred to me that adding the idea of an English form of devolution would add something to the Better Together campaign and give it a positive role, which it sometimes lacks at the moment. The noble Lord, Lord Parekh, talked about playing on fear. I do not go that far, but nonetheless it would be a positive element to that vision.

If not before the referendum, I am absolutely at one with the noble Lord, Bourne, in saying that something has to be said about this after the referendum. There has to be some discussion of this problem because again, like the noble Lord, Lord Lang, unionism has to be refreshed. It has to be renewed and we can do that. Again, as the noble Lord, Lord Steel of Aikwood, said, echoing his hero and mine, Jo Grimond, we have to bring government closer to the people. We have become too centralised in this country and people feel impotent. Wider devolution could perform that excellent service which I believe is necessary at this stage in our history.

There is an old saying “never waste a good crisis”. This is not a crisis but it is an opportunity. We should not waste it.