(1 year, 1 month ago)
Lords ChamberMy Lords, I am sorry to disappoint my noble friends, but I think it is the turn of the Liberal Democrats.
(1 year, 3 months ago)
Lords ChamberI think the Government have other legislative priorities. The noble Lord knows how highly I esteem him. He is a bit like the elder Cato, who ended every speech in the Roman Senate by saying that Carthage must be destroyed. Unfortunately, Romans later looked back and said that when Carthage was destroyed was perhaps the beginning of the end of Rome. I am sure that, one day, the hereditary peerage will—and that has been long accepted—depart this House. Many will be sad of that. When it does, the full gaze of the public will turn on the life peerage and how that, in its turn, will stand the test of time.
(1 year, 8 months ago)
Lords ChamberI believe that I had sought to do that, my Lords.
My Lords, I salute the courageous persistence of the Prime Minister in achieving this for our country. Will my noble friend make another appeal to those who represent the people of Northern Ireland in the Northern Ireland Assembly? Surely they should seize the opportunities that my noble friend Lord Howell talked about a second ago and meet. This is not perfect, but it is the right way forward.
My Lords, it is in the nature of any agreement, particularly one that is ultimately successful, that there must be some element of compromise. However, I will not add further to what I have said, which was the right position. We wish to see restitution of the institutions but that must come, like everything else, from and for the people of Northern Ireland.
(1 year, 9 months ago)
Lords ChamberBefore my noble friend replies, could he accept that many of us wish the Government every possible success in their negotiations? This protocol came about as a result of a treaty negotiated by Her Majesty’s Government, as they then were. Therefore, we bear responsibility for it. They tried to fit things into a straitjacket when it should have been, as I said last week, a much more flexible garment, but the fact is that this should be sorted out by negotiation and not by a totally unsatisfactory Bill being driven through your Lordships’ House. It is a very great pity indeed that those who have been elected to represent people in Northern Ireland are sulking rather than meeting, as they should, in the Assembly to which they were elected to debate this and other things.
My Lords, I venture to say that we have a Motion before us relating to the Northern Ireland Budget Bill. I think we have heard from these short interventions the divergent opinion in your Lordships’ House about current matters and policy in Northern Ireland.
I cannot, as was alluded to earlier, give any specific response on timing, but all noble Lords will be united on the importance of getting this right and having full and due respect for the feelings and needs of all the people in Northern Ireland. That is something I think everybody in this House shares.
So far as this Bill is concerned, the noble Baroness said it is a pity that it is one day. Following the unfortunate events in 1909 to 1911, it is normal practice for a money Bill to be considered in one day. That will be the same for the Northern Ireland Budget Bill.
(2 years ago)
Lords ChamberI am not going to comment on the appointment of advisers, but I am sure that those named, if the noble Baroness has named them correctly, will give the best advice they conceivably can. Often from Green Benches we hear attacks on the financial services sector, and it is quite astonishing that the Scottish Greens in government should adhere to this kind of visceral opposition to financial services. There are more than 2.3 million jobs in financial services, and two-thirds of those are outside London in finance hubs including Belfast, Birmingham, Cardiff, Edinburgh, Glasgow, Leeds and Manchester. Financial and professional services contributed nearly £100,000 million pounds in taxes in 2020.
My Lords, will my noble friend accept that what is crucial at the moment is that in the country as a whole there should be real confidence in the credibility and the competence of the Government, and that that means there has to be a Prime Minister who is entirely credible and who enjoys the full confidence of the country, as I believe the Chancellor now does.
I have nothing to add to the answer I gave to the noble Lord yesterday.
(2 years ago)
Lords ChamberThere will be a Statement by my right honourable friend; I believe that 31 October is still the date suggested. Work is proceeding at pace and I assure your Lordships that they will receive full information on that in the same way as the other House.
My Lords, does my noble friend agree that we now have a wholly credible Chancellor who fully deserves our support, and that it is important that we have a wholly credible Government as well?
My Lords, I believe that we have such a Government.
(2 years, 3 months ago)
Lords ChamberMy Lords, the reality of this House is who comes here and who works. Sometimes, those who do not come here very often make enormous contributions; I can think of a very distinguished scientist who comes on occasion. The Prime Minister has appointed—I should say recommended; Prime Ministers do not appoint—91 Peers since he became Prime Minister. That is not out of order with numbers in the past.
Would my noble friend accept that, at the moment we are in a—to use the word correctly—unique situation? We have a Prime Minister who we know is going. Can my noble friend assure the House that, whatever the Prime Minister does with a resignation honours list, to which Prime Ministers are entitled by tradition, he will not issue another list while he is the caretaker of No. 10 Downing Street?
My Lords, the Prime Minister is the Prime Minister and the Queen’s principal adviser. It is for the Prime Minister of the day to advise the sovereign on appointments to your Lordships’ House. I observe that, were there to be a resignation honours list—these things are all speculative—it is highly unlikely that people in other parties would be on it.
(2 years, 4 months ago)
Lords ChamberMy Lords, I do not know the circumstances of the alleged meeting. I saw the press release from the noble Lord, Lord McDonald, but I do not think it referred to a personal meeting he had had with the Prime Minister. If the noble Baroness is aware of that, obviously I will stand corrected. She will know from her great experience in public affairs that in the course of life in No. 10—I had the privilege of working there for four years under Prime Minister Major—events crowd in on every individual in that place. That is the reality of the matter.
My Lords, has my noble friend read the devastating letter sent today by the noble Lord, Lord McDonald? Does he not appreciate that increasing numbers of people in this country, both in and outside Parliament, believe that the continuance in office of the present Prime Minister is incompatible with the maintenance of standards in public life?
My Lords, others have their view. I have seen the press release from the noble Lord, Lord McDonald. I thought it unusual for him to release such a letter to an investigation process which will necessarily be confidential, but that was his decision. In relation to the events that took place, I quote from his press release in relation to Mr Pincher:
“An investigation upheld the complaint; Mr Pincher apologised and promised not to repeat the inappropriate behaviour. There was no repetition at the FCO before he left seven months later,”
to take up another appointment. That part of the track record also has to be taken into consideration.
(2 years, 4 months ago)
Lords ChamberMy Lords, my father said that the greatest cricket innings he ever saw was played by Sir Jack Hobbs on a sticky wicket. I am afraid I am no Sir Jack Hobbs, but I will try to answer the debate. I start by thanking my noble friend Lord Norton of Louth, who opened with a characteristically informed and thoughtful contribution whose spirit has been echoed with unanimity throughout the debate. I always wait for the radical moment with the contribution from the noble Lord, Lord Desai. He wanted to build a new central Parliament with more space for everybody and more desks, but even he, in his radicalism, was clear that collocation was desirable.
Let me try to respond. I take up what the noble Lord, Lord Butler of Brockwell, said: it may be the Colosseum—I confess that I am a Christian—but I do not particularly feel in the face of lions. I hope your Lordships will hear that I am a lamb that is ready to lie down with some of the things roared out by the lions today.
I have, as usual, enjoyed the great depth of constitutional understanding and deep knowledge of history demonstrated today. I will start by making a fundamental point on the constitutional position and functioning of the House of Lords, which underpins many of the questions in the debate today. It is a point I have made before at this Dispatch Box and it is this: by the principle of exclusive cognisance, any decision of its location is a matter for this House itself to decide on. The Government—I speak at this Dispatch Box as a government Minister—recognise and respect that position. I have made this point in previous debates, but I welcome the opportunity to put it on record again.
Let me turn to the core topic of the debate: the case for the collocation of both Houses of Parliament. As many noble Lords have stressed, there are important conventions that have governed the collocation of both Houses and, in turn, these conventions have shaped how this Parliament does its business. There are ceremonial practices predicated on collocation—I agree that the noble Lord, Lord Blunkett, made a brilliantly amusing speech on this topic—and these are an important aspect of the tradition and inspiration that marks our parliamentary democracy. Her Majesty the Queen opens Parliament and she is not allowed into the House of Commons. She does it from this place but with Members of the House of Commons present at the Bar to hear that statement.
The right reverend Prelate the Bishop of Southwark referred to the action of Charles II taking Parliament to Oxford in 1681. That was to try to frustrate what was probably the second or third Exclusion Bill, to stop his brother acceding to the Crown. It did not work. Removing people from the centre is not necessarily effective, as Charles II found. Per contra, he found that coming and sitting at the fireplace in the House and watching proceedings in person allowed him to exercise more influence, because everything was in the same place at once—but I stray into historical matters.
Let me come to the practical day-to-day arrangements. I further agree with what so many have said that proper accountability and scrutiny requires that Ministers are close to Parliament. Many noble Lords have made the very pertinent point that close engagement and regular interaction with the other place facilitates better working relationships. In fact, as we have heard from many in today’s debate, one of the clear lessons of the pandemic was that although virtual working is possible, there is real value in having personal, face-to-face engagement. I have greatly benefitted, both as a Minister and as a Member of the House, from being physically present in the House, and, as a Minister, from hearing the views of noble Lords in the margins of proper debates, in the kind of daily engagement that takes place. My worst experience since I have had the honour of being a Member of your Lordships’ House was sitting at my kitchen table during the lockdown, trying to answer questions from your Lordships, with somebody screaming in my ear that there was too much light coming in from the right. I pay tribute to the work done to make the hybrid and remote House work, but a Minister’s first duty is to be here at this Dispatch Box.
Furthermore, if we consider elements of the legislative process, particularly perhaps when there is disagreement between the Houses in ping-pong, it facilitates effective working and communication if the two Houses are in close proximity. I well remember when I was private secretary to the Leader of the Opposition, in the days of the Labour Governments of Mr Blair and Mr Brown, that when there was a difference, Cabinet Ministers, including the noble Lord, Lord Blunkett, would come in person and talk to colleagues in the Opposition about difficult issues between the two Houses. I cannot speak for the quality of the language that was always used, but the physically present conversations helped progress business.
In summary, this House is part of a legislature, and in any consideration of its future, the exigencies of parliamentary practice and procedure will always have to be considered. Those are the points that your Lordships have made and I agree with all of them.
A number of noble Lords referred to restoration and renewal, opened by my noble friend Lord Fowler. Obviously, this is really a matter for Parliament and not for a government Minister to respond to, but let me address some of the points made. As noble Lords will be aware, the joint commission has now published its report and it is currently planned—and this is a matter for your Lordships—to seek a revised mandate from both Houses before the Summer Recess. Parliament is now reflecting on the future of the R&R programme. As noble Lords have noted, the question of decant will now have to be reviewed, but such broader questions are for consideration at a later date and are not part of the decisions of the joint commission that will be put to the House before recess. My noble friend Lord Hayward asked whether staff in this House would be consulted. The joint commission recognises the need for staff consultation, and its report sets out its intention to consult staff on the next stages of the R&R programme.
My noble friend Lord Balfe asked specific questions relating to the QEII Centre contract. I will come back to the question about consultation on this, but in relation to the contract I recommend that the noble Lord raises this with the House authorities, as they would be more properly able to answer it. The £11 million mentioned in the Times is from the R&R budget, which is managed by Parliament.
Both commissions on R&R were concerned, as my noble friend Lord Fowler and the noble Lord, Lord Best, referred to, by the proposals brought forward by the sponsor body, which deviated substantially from the initial estimates relating to cost and schedule. The independent assurance panel made it clear that the current model is unlikely to be viable.
On bringing the scheme in-house, the commission’s proposals are intended to ensure that necessary work can be started sooner and better meet the needs of the parliamentary community. There is the prospect of bringing certain projects forward more quickly than current projections. My right honourable friend the former leader of the House, when on the Commons commission, helped encourage the House authorities to conduct more work in the House ahead of timetable, including the northern estates project.
On restoration and renewal, let me be clear and repeat that this is a parliamentary programme and decisions on how to proceed are for Parliament. However, I hope we can agree that it is in the interests of the Palace of Westminster and the British taxpayer if both government and Parliament work together.
Behind the debate has been the question of Parliament moving outside London. I am not advocating that Parliament should move outside London; I have responded on the importance of collocation. My noble friends Lord Cormack and Lord Balfe both referred to the fact that the Companion to the Standing Orders allows for Select Committees to be given the power to
“adjourn from place to place.”
Certainly, we wish the proceedings and activities of Parliament to be more open to people around the country. However, it is already possible for a Select Committee which ordinarily meets in Westminster to sit and hear evidence outside the precincts of the House, and this happens. When I had the privilege to chair a Select Committee of your Lordships we met in what will soon be, I am pleased to say, the city of Doncaster, and we were very well informed by that. Arrangements are possible, though practical arrangements and questions of benefit and economic cost have to be weighed. These are considerations for your Lordships to weigh. These are decisions for the House.
Reference has of course been made to the letter which was written by my right honourable friend the Secretary of State. Having read it, I understand that he said that he would welcome the House of Lords playing a role in the levelling-up agenda and suggested a number of cities as illustrative options. I have said how in one respect, through Select Committees, the House of Lords and the other place can be more open to other parts of the country, and we are already. As the debate today has shown—I welcomed the remarks of the noble Lord, Lord Butler, on this—your Lordships’ House is carefully considering in this context the Government’s priority of levelling up, and balancing that with other priorities, which must include how best to further an effective and efficient Parliament, holding the Government to account, and the interests of the Palace of Westminster. I repeat that the questions of decant and location are decisions for a sovereign Parliament.
I asked my noble friend specifically, as did other noble Lords, whether the letter of Friday 13 May was consulted on with the Prime Minister and the Leader of this House, and also whether, following the answers of my noble friend Lord Greenhalgh, it is government policy that we ought to move. My noble friend is giving an excellent reply that seems to indicate a lot of sympathy with what has been said across this House today, but it would be helpful to have on the record what consultation there was before that letter was sent and before those answers were given.
My Lords, I am coming on to consultation, as I indicated I would. I will make every effort to get to that and I will get there, because I acknowledge that I was asked that.
I was asked about York specifically. As your Lordships will be aware, there are already civil servants based there through the Places for Growth programme. This is part of levelling up. The Cabinet Office continues to support the relocation of civil servants, including senior grades, out of London, which includes to York—indeed, I have been there on ministerial visits. In this context, the Government had previously engaged with the York Central partnership and, as part of that, explored whether the space would allow for parliamentary activity should it be required, but this is not a current activity.
On consultation, my noble friend Lord Cormack again asked directly, in relation to the letter that was published, whether I, as responsible Minister in the Cabinet Office or otherwise, was consulted. The answer is that I was not. The Secretary of State for Levelling Up, Housing and Communities, is considering all options for levelling up, which is a key government policy. I have the utmost respect for this House. I recognise the strength of feeling on this matter; I will refer that feeling to the appropriate quarter. I am committed to keeping your Lordships updated on this, and I know that the Leader of the House will play a full and important role here. Let me reassure my noble friends and others that if I can be of any further service to your Lordships on this question, I will be happy to do so.
(2 years, 4 months ago)
Lords ChamberNo, my Lords, I do not agree. I can speak only as I find. Having the honour to serve as a Minister in Her Majesty’s Government, I have the privilege of working day by day with senior civil servants and civil servants of all levels. My experience is that there is a relationship of great trust and co-working between Ministers and civil servants. I strongly underline the respect that I and other Ministers in government have for the work of public servants.
Does my noble friend agree that the most important quality that any Prime Minister can possess is integrity? Does he agree with me that Theresa May was a wonderful example of that?
My Lords, I do not wish to extend the tread into history, but certainly Margaret Thatcher was also a great example of integrity.
(2 years, 5 months ago)
Lords ChamberMy Lords, I was hoping to make progress and I know that your Lordships would like to conclude these matters. As the noble Lord says, those clauses refer to international treaty obligations. What I was saying was in reference to a contract to let; I was asked very pertinently by the noble Lord, Lord Whitty, for example, about local authorities buying locally, and I repeat what I said: below-threshold contracts can be reserved for suppliers located in a particular geographical area. If international issues arise, that is a different matter. This policy was set out in the Government’s Procurement Policy Note 11/20.
My noble friend Lord Lansley and many others, including the noble Baroness at the start, asked me about innovation. The legislation will put more emphasis on publishing pipelines of upcoming demand, procurement planning and pre-market engagement so that businesses can properly gear up to deliver and offer the best innovative solutions. It will have a new competitive tendering procedure which will enable contracting authorities to design and run procedures that suit these markets. For example, it will allow them to contract with partners to research, develop and eventually buy a new product and service in a single process. The new rules will make it clear that buying innovation does not apply only to buying something brand new but can be about developing an existing product to meet different requirements.
The noble Lord, Lord Stevens, the noble Baroness, Lady Brinton, and others asked about the health service and the relationship with the DHSC. These reforms sit alongside proposals to reform healthcare commissioning which have been enacted through the Health and Care Act. We recognise the need for integration between local authorities and the NHS, both for joint commissioning and integrated provision, and we will work closely with the Department of Health and Social Care.
I repeat: the public procurement provisions will not result in the NHS being privatised. The procurement of clinical healthcare services by NHS bodies will be governed by DHSC legislation and is separate to the proposals in the Bill. However, the non-clinical services, such as professional services or clinical consumables, will remain part of the Bill. Clause 108, which I agree is widely framed as it sits in the Bill, is needed to ensure that it neatly dovetails with any regime created under the Health and Care Act, providing clarity. Obviously, we will have that probed.
Accessibility was another theme that was raised by the noble Lords, Lord Whitty and Lord Fox. The Government remain committed to ensuring that public procurement drives value for money, and that includes better outcomes for disabled people, as it must. The Bill does not dictate how technical specifications may be drawn up, only what is actually prohibited, as set out in Clause 24. However, there is a clear expectation that when contracting authorities set technical specifications for procurement, they do so in a way that takes into account accessibility criteria for disabled persons. Clearly, this is an important matter that requires further consideration, and we commit to doing that.
Training is important, and the training package will be made available in good time for users to prepare for the new regime being implemented. That is why we have committed to six months’ notice before going live, and the training will be rolled out. The Cabinet Office will provide both funded training and written guidance and learning aids, covering the range and depth of knowledge requirements for those operating within the new system. The online learning will be free at the point of access for contracting authorities. The knowledge drops will be freely accessible for all via YouTube, and the written guidance and learnings will also be free and accessible for all via GOV.UK.
The noble Lords, Lord Mendelsohn and Lord Aberdare, asked some pertinent and specific questions about small businesses, and I will certainly make sure that they are answered. This legislation will help SMEs to win contracts for many reasons: bidders will only have to submit their core credentials to the single platform once, for example, making it easier and more efficient to bid. The single transparency platform, or single sign-on, means that suppliers will be able to see all opportunities.
The new concept of dynamic markets, which we will explore, is intended to provide greater opportunity for SMEs to join and win work in the course of a contracting period. The Bill will ensure that subcontractors in chains will also benefit from prompt payment obligations.
There are many other ways in which we intend to help SMEs. The noble Lord, Lord Wigley, asked about the great Principality of Wales. Wales will, as he knows, have the power to publish its own procurement policy statement, in which it can set out its own local priorities for communities. We have worked closely with the Welsh Government to ensure that there is continuity for Welsh contracting authorities. For the first time, Welsh Ministers will be able to regulate the procurement of some goods and services in Wales by some cross-border contracting authorities. But in our judgment, it is right that, where the scope of a procurement extends outside Wales into the rest of the UK, the UK rules should apply.
Publicly funded housing associations would be in scope of the contracting authority definition. However, I am advised that privately funded providers of social housing would not be in scope because they do not meet either the funding or the control requirements. I will write to the noble Lord further about this.
I was going to address points about data collection, but—
I will indeed write a letter. It is very helpful to have my noble friend write my speeches for me.
I will answer other points but, to conclude, I thank noble Lords for their extremely intelligent, thoughtful and well-considered remarks, which the Government will consider in Committee. Our proposals have been consulted on extensively and we believe that they are common sense, but we can always gain from listening to your Lordships. In that spirit, I hope that your Lordships will support these proposals as they progress through the House.
(2 years, 5 months ago)
Lords ChamberMy Lords, the commission’s role is an advisory one. The Prime Minister continues to place great weight on the commission’s careful and considered advice. We believe that the commission plays an important role and performs it well. Noble Lords keep returning to an individual case. The Prime Minister said he saw the case of my noble friend as a clear and rare exception, and we have no plans to change the status of HOLAC.
Has my noble friend noticed that our noble friend Lord Norton is introducing a Private Member’s Bill that would put the Appointments Commission on a statutory basis? Would he at least agree to talk with my noble friend Lord Norton with a view to the Government accepting this eminently sensible, modest measure?
My Lords, it is my habit and pleasure always to talk to Members of your Lordships’ House, and that would certainly include my noble friend Lord Norton of Louth. If his Bill comes forward then I will certainly respond to it, but the Government have no plans to change the status of HOLAC. We do not agree that it should be placed on a statutory basis. It is an independent committee, and we consider its advice carefully.
(2 years, 5 months ago)
Lords ChamberMy 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.
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?
(2 years, 6 months ago)
Lords ChamberMy 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.
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.
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.
(2 years, 8 months ago)
Grand CommitteeAll 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—
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.
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.
I would have those removed who were not here for 20% of the time. That was entirely implicit in my remarks.
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.
(2 years, 9 months ago)
Lords ChamberMy 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.
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?
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.
(2 years, 9 months ago)
Lords ChamberNo, my Lords, I do not agree with that. Obviously, it depends what base you take for your statistics. The noble Lord opposite referred to the political House, which is now 32.1% Labour; the Labour vote share at the last general election was 32.1%.
My Lords, can my noble friend tell me whether the Prime Minister has read, marked, learned and inwardly digested the Burns report, which has been twice endorsed by your Lordships’ House and points a sensible way forward?
My Lords, I cannot comment on the reading matter of the Prime Minister. However, I have told the House that neither his predecessor nor the current Prime Minister have committed themselves to the specific proposals on the size of the House.
(2 years, 11 months ago)
Lords ChamberMy Lords, I have repeatedly answered this question in the House. I know that the noble Lord does not agree with the answer, but the answer is that the Prime Minister’s constitutional role as the sovereign’s principal adviser means that the management of the Executive is wholly separate from the legislature. It is for the Prime Minister to advise the sovereign on the appointment, dismissal and acceptance of the resignation of other Ministers. That is why it is right that the Prime Minister has responsibility for the Ministerial Code, which was underlined in the judgment this morning.
Does the Ministerial Code regulate the private and public use of social media, which is a relatively new phenomenon and was not in place when it was first drafted? Is it not better to have strict rules so that diplomacy and tweeting do not become confused?
(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.
(4 years ago)
Lords ChamberMy 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 last part of my noble friend’s question is again outwith the Question, but it is an important issue and one that the Government and Parliament turn their attention to from time to time. I am sure that people will note his remarks. As for the reports of a new communication, obviously I made inquiries, as was my duty, having seen the Question. We have not been able to locate this particular communication but if, as has been reported, it is a restatement of the long-standing position which is expressed in the Civil Service Code—that if civil servants ever believe they are being required to act in a way that conflicts with the code, they should raise it with their line manager, et cetera—I have already told the House that that is the position and it is unchanged. I do not know whether this alleged communication was saying that. If it was, in a sense I have already offered to put that before the House, but I will take it away.
It is extremely important that we do not let the idea be taken that there is conflict and distaste between Ministers and civil servants. That is not the case; it is partnership. Sometimes, things break out. I was reading Servants of the People the other day, in which Ministers are quoted as saying, “Civil servants are useless” and, “We expected to find Rolls-Royce service; we found a Reliant Robin”. People say things and there are moments of crisis in relationships, but my experience is that there is an outstanding relationship between the ministerial side and the Civil Service side under every Government, whatever one hears reported in the press.
My Lords, it seems to many of us that there is a less healthy relationship between certain special advisers and Ministers, and that there is a real difference between the code of propriety observed through the centuries by civil servants and the code observed by these more recent arrivals. Will my noble friend arrange for every special adviser and every Minister of the Crown to be sent a copy of the admirable article by our noble friend Lord Hague which appeared in the Daily Telegraph earlier this week?
My Lords, I am not personally responsible for the reading habits of every member of the Civil Service, the special adviser corps or the Government. I am sure people have noted what was said. Special advisers are subject to a code. I think that in public life we should all treat each other with grace and understanding, and every now and again there has to be a bit of give and take, of leave and understanding. The fundamental core of Civil Service impartiality remains. The Civil Service’s role as defined in law and practice is something that I and this Government profoundly respect and I am sure it will continue under whoever has the honour of acting as part of the Government in the future.
(4 years, 3 months ago)
Lords ChamberTo ask Her Majesty’s Government, further to the letter from the Prime Minister to the Chief Executive of the Sponsor Body and Chief Executive Designate for the Delivery Authority for the Houses of Parliament Restoration and Renewal Project on 15 July, what their proposals are for the relocation of both Houses of Parliament during the restoration of the Palace of Westminster.
My Lords, as I said in my Answer on this last Monday, the location of Parliament is a matter for Parliament. Both Houses will need to review their sitting arrangements as part of restoration and renewal. The Government are keen to ensure that the restoration and renewal of the Palace of Westminster delivers best value for money and asked the sponsor body to advise Parliament on a range of options and consider decant locations outside London in its strategic review. The Government are not prejudging any particular outcome.
My Lords, do the Government remain firmly committed to ensuring that after restoration and renewal is complete, both Houses will continue to sit in the Palace of Westminster as their permanent home? Bearing in mind that only one bicameral legislature in the world, that of the Ivory Coast—we owe that information to the Lord Speaker—has Chambers in different geographical locations, does the Minister accept that it makes no constitutional or economic sense to remove either or both Chambers to any other city within the UK for just a few years?
My Lords, in the original debates on this subject, my noble friend rightly pointed to the heritage nature of this great Palace of Westminster, which I think we all hold dear. Indeed, heritage is one of the aspects referred to in the Prime Minister’s letter. So far as how the Houses will operate when decant—if decant—takes place, that is a matter for them. I would simply say that the broad and generous acres of Yorkshire are not in another continent.
(4 years, 4 months ago)
Lords ChamberMy Lords, current guidelines certainly include the requirement to give contact details. I note the noble Baroness’s point, but I repeat that the role of local authorities is fundamental. We have given them a great deal more money, which was recently announced to be £500 million, I believe.
My Lords, does my noble friend agree that security is being jeopardised by those who totally flout the rule about social distancing? Does he not think that the time has come when those who congregate in great numbers, very often imbibing large amounts, are given real deterrent fines? That way we might achieve common sense throughout.
My Lords, I very much welcome seeing my noble friend here today. People should behave responsibly. The Government have been very clear that some of these large gatherings were undesirable and unacceptable. I repeat the point I made about social distancing, but I also say that over the weekend, when there were many dire predictions, the overwhelming majority of people in this country behaved with the common sense, dignity and decency I always expect from my fellow countrymen and women.
(4 years, 5 months ago)
Lords ChamberMy Lords, I regret to say that some of the noble Lord’s question rather broke up on my computer. However, I think I heard him say at one point that there will be checks on both sides. It is clearly the Government’s intention that there will not be checks—that there will be unfettered access from Northern Ireland to the United Kingdom. I appreciated what the noble Lord said about the nature of the White Paper, even if he does not agree with all the details and questions a few points. I believe it is a very constructive attempt to lay the groundwork for what he rightly says will be, I hope, sensible and constructive discussions on implementation. However, I repeat that the purpose of all of us in this is to maintain the integrity of the Good Friday agreement, and that in doing so it is in the interests of both sides, as has frequently been said, that the arrangements put in place should impact as little as possible on the everyday lives of the people of Northern Ireland. That is our objective, and I hope it is that of our partners in negotiation.
My Lords, do not the protocol, the Statement and everything that my noble friend has said this afternoon underline the crucial importance of concluding an amicable agreement with our European friends and neighbours? That being the case, why do the Government, in the midst of a grave international crisis, when everybody’s mind is really on something else, continue to be so obdurate in insisting on the 31 December deadline? It would be no backtracking but a gesture of statesmanship to indicate that it is not sacrosanct.
My Lords, I welcome my noble friend’s comments and his recognising that this Administration wish to reach an amicable agreement with our European friends; it is our hope, desire and expectation that we will still do that. I cannot go along at all with my noble friend in asking for an extension of the transition period. I have answered that before in this House and I do not believe it would help business in any way. It would provide further uncertainty and lead to an extension of negotiations. Remaining within the orbit of the European Union after the end of this year would have great and uncertain consequences regarding the contributions and actions the United Kingdom might be involved with. But above all, the British people have asked for this matter to be concluded—twice—and we will conclude it.
(4 years, 7 months ago)
Lords ChamberMy Lords, I rise to respond to what has been a typically incisive and insightful debate. I say to the noble Baroness, Lady Smith, that there is no reason to be concerned that she was not present during the whole debate, because the Liberal Democrat Front Bench was covered all through the debate. I do not take offence, and I am sure that the House did not.
I should declare an interest as a part-time resident in Italy—someone currently not permitted to return home to cut the grass. I am acutely conscious of the state of affairs occurring across Europe at the moment. I would also like to make another personal comment about how sad I was to read of the death of Lord Wright of Richmond. We are here in a debate on international affairs, and he was an outstanding servant of his country who always enlightened this House when he spoke. He was a very good citizen of Richmond as well. All our hearts go out to his family.
The debate started off in a not very pleasant tone, and rather a political one. I will address that point in a moment. It then evolved into an extremely measured debate. Perhaps I should take this point at the start: at the end of the debate, a number of speakers who were perhaps able to look on their iPhones—as I have not been able to during the debate, as I have been trying to listen to it—suddenly came up with this new line that the Government should not proceed any more with the pursuit of negotiations with the European Union because of the coronavirus crisis. The plea was put by the noble Lords, Lord Lea of Crondall and Lord Liddle, my noble friends Lord Cormack and Lady Wheatcroft, and the noble Baroness, Lady Smith—the last five speakers. Your Lordships will very shortly hear a Statement on coronavirus so I will not go there but, without diminishing the gravity of that matter at all, I say that, in the blast of the Second World War—using the resources of William Beveridge, who would have been on the Benches on that side of the House—the Government thought about designing and redesigning the welfare state for the future and made arrangements that lasted for two lifetimes.
I do not think that any of us who talked about coronavirus said that the negotiations should be abandoned. We said that the deadline should be abandoned.
All right—I shall accept the timetable. However, I maintain the point. In the middle of the Second World War, when Winston Churchill sent for Rab Butler—who my noble friend will remember very well—to look into the future of education in this country, he did not suddenly, when some news came in, say, “Rab, you must drop this.” The Government went on and, in the 1944 Education Act, laid the foundations to the education system in this country despite the enormous crisis of the Second World War. Everything is possible and nothing is impossible in life, but I do not think—
(4 years, 8 months ago)
Lords ChamberI too welcome my noble friend to his post and wish him every success. Does he accept that the hallmark of successful negotiations has to be mutual respect? Can he assure the House that we are not aiming for splendid isolation, but rather mutual prosperity? Does he also remember that the last negotiations, of unhappy memory, were bedevilled by the proclaiming of red lines far too early in the process?
My Lords, I thought I had said in the Statement and afterwards that they will be approached in terms of mutual respect. But mutual respect and friendship—as I think my noble friend will understand from our happy relations in this House—does not always mean absolute identity on everything.
(5 years, 1 month ago)
Lords ChamberMy Lords, yet again, my noble friend, despite his distinguished Oxford degree, clearly was not listening. I was referring to those driving the policy of the remainer faction—and the public outside know this to be true—and seizing control of the conduct of our affairs without a general election.
Will my noble friend stop using the term “remainer faction”? He can use “no-deal faction” if he wishes, but the vast majority of people who voted in the House of Commons the other day, all of whose names are publicly listed, did so because they wanted to save this country from going over a precipice. Why should he take it upon himself—this was the point made by the noble Lord, Lord Hunt—to urge this House, which has no validity in these matters, to seek to effectively bring to an end a Parliament that still has almost three years to run? If the Prime Minister is able to persuade the House of Commons to have a general election, I would personally welcome it, but it is really no business of this House to interfere in that.
(5 years, 2 months ago)
Lords ChamberThe noble Lord can put his interpretation on it as he wishes; the Division lists will demonstrate who is closer to the truth. There will be a balance of opinion on the Cross Benches. I find it entirely extraordinary that the Labour Party and the Liberal Democrats, having forced through legislation in the House of Commons for perfectly good reasons of their own, now wish, before the Bill had even been presented—it has now been presented, we saw it arrive—to force a guillotine on this House. It is, again, the Liberal Democrats and the Labour Party, with some noble Lords in other parties; the bulk of the votes are there. Our proceedings are being broadcast, if anybody is watching. Those sitting opposite are on the Labour Benches; next to them are the Lib Dem Benches.
Can my noble friend not accept that there are a considerable number of his colleagues in this House who have given long and devoted service to the Conservative Party and who believe that the Conservative Government are on the wrong track?
I think I have grasped that point on one or two occasions before from my noble friend. I do not deny that other people share that view, but the reality is that a power play is going on here, with the use of an instrument to control Parliament, to control this House, which has never been seen in this House before—the guillotine.
I am honoured to be a member of your Lordships’ Constitution Committee, which is one of the most important committees of the House—thank goodness that your Lordships’ House has such a committee. That committee is currently considering some of the issues that arise from fixed-term parliament legislation, and I hope that when its report is issued, it will be helpful to all of us in this House. But today, we are seeing constitutional issues on the make in front of us. We have an unprecedented, far-reaching Motion proposed which would, if it became part of the practice of this House, as it has become part of the practice of the other House, change the nature of parliamentary government in this country. That is absolutely the case.
(5 years, 3 months ago)
Lords ChamberMy Lords, I spoke against these amendments in Committee, and will not repeat all my arguments. But there are four strands in why I believe that these amendments are unwise and unwanted. Before proceeding, I say to the noble Lord, Lord Anderson —who, again, introduced his amendment with great courtesy, charm and skill—that, on a point of fact, 16 out of 23 Prime Ministers of this country have first come to office without a general election, as a result of actions within their own party and within Parliament, including, I say for the benefit of the Liberals, David Lloyd George.
The idea, therefore, that the next Prime Minister would somehow be constitutionally dubious—a proposition that has been advanced by the noble Lord, Lord Cormack—is, frankly, absurd.
I did not suggest that it would be improper. I was merely stating a fact. The next Prime Minister will be a Prime Minister of a minority Government—as the present Prime Minister is.
The noble Lord also said other things, which the Hansard writers will record, including his saying that somehow a power was being conferred on Mr Johnson to do something that Mr Johnson has never said he would do, which is to advise the monarch to prorogue. That has been an inherent right of the Prime Minister and of the Crown for generations. It is an absurd statement, I am afraid, by my noble friend.
The first reason that these amendments should be resisted is, of course, one that I share but most of your Lordships will not: they are clearly designed to frustrate one route to Brexit on 31 October. That is freely admitted by all concerned. I can see that that is not a clinching argument with many of your Lordships, and, if we have learned anything in this House, it is that there is a dialogue of the deaf in this place between the remainer majority who wish to stop at nothing to prevent Brexit and those of us in the minority who believe that the vote of the public should be respected.
I fear that your Lordships’ House is getting itself into a worse and worse place in resisting Brexit. The very future of your Lordships’ House is now in play. That was made clear, not by me, but in the recent campaign for the European elections. I think these amendments take us to the outer fringe of where an unelected House should go.
The second strand of why I think they should be rejected is this canard of “constitutional outrage”, et cetera. This is an Aunt Sally. Mr Johnson—its target—has never said that he would use Prorogation to secure Brexit on 31 October. This danger, this threat, this crisis, this calamity, this catastrophe, this outrage—it is all got up by the remainers.
(6 years, 1 month ago)
Lords ChamberMy Lords, I agree very much with the sentiments of the noble Lord who has just spoken. The trouble is that some of us see this as a party political strike against the Conservative Party, given the disproportionate number of Conservative Peers who would be removed. This was not a move that has been made by the Conservative Party—rather, it has been made by the Labour Benches. Earlier, the noble Lord, Lord Grocott, with support from his Front Bench, was rejoicing in the fact that he had universal approbation. Underneath this Bill is a political strike and a poison. It upsets many people who have given long service to this House. It upsets the traditional balance of the House without, as I have said before, broader democratic consent.
No, at this stage I will not give way to my noble friend. He has had plenty to say, so I will give way to him later.
It is very unfortunate that the Bill is being pressed in this way and at this time which, notwithstanding my noble friend’s agreement with it, is in my judgment party political. Of course I agree with everything said by the noble Lord, Lord Adonis, and I was grateful to have the fifth cavalry arrive to give support to the point I have been trying to make; namely, that the effect of this Bill is to create what the majority of people here want but do not proclaim, which is a permanent nominated House. That is what they want and that is why they support this allegedly incremental step.
Perhaps, as my noble friend on the Front Bench has just said, we could come back to the amendment. While I cannot speak for my noble friend Lord Northbrook, the Bill as I read it excludes all 92 peerages in the sense that there will be no succession. It therefore would do what my noble friend Lord Cormack has said he does not want to see happen: it would exclude the Lord Great Chamberlain and the Earl Marshal.
I will give way to my noble friend.
I am most grateful. I will make one brief point. If my noble friend had been in the Lobby, he would have seen plenty of Conservative colleagues, including some very prominent ones, in it. The point is this: the Bill, as the noble Lord, Lord Grocott, has said repeatedly, is to abolish by-elections. It does not touch on the Lord Great Chamberlain or the Earl Marshal because they are not subject to by-elections. The noble Lord, Lord Grocott, has got this wrong and he has acknowledged that he has done so. He has made his personal observation that he does not see why these two people need to be Members of the House of Lords. That is his point of view—it is not mine—but it is not affected by his Bill because it deals with by-elections, and only with by-elections.
As always I thank my noble friend for his agile clarification for the House. I agree that I would not want to see him upset by the removal of the Lord Great Chamberlain and the Earl Marshal. By the way, the previous Earl Marshal was a very assiduous attender of this place.
If the House is going to be asked to vote, we need to know what we are voting on. The noble Lord, Lord Grocott, has put this Bill before the House. My noble friend Lord Northbrook has tried to clarify the point which my noble friend Lord Cormack supports, which is that the Lord Great Chamberlain and the Earl Marshal should stay. The noble Lord, Lord Grocott, thinks that they should go. It is a rather minor point, but actually this is a legislative House. Given that, before we vote, can we be told by the mover of the Bill what he is proposing? He wishes to remove all 92; that is the effect of his Bill and that is his intent. We have heard what my noble friend Lord Cormack says, but what is the mover of the Bill telling the House?
My Lords, having heard my noble and learned friend Lord Mackay of Clashfern, I shall not follow the noble Lord, Lord Grocott, down that road, but the noble Lord, Lord Adonis, is not alone in not adhering to the Labour manifesto policy on that matter. I am disappointed by the reaction. I do not believe this Bill is the right construction, and I oppose it in principle because it has the effect, as the noble Lord, Lord Adonis, rightly said, of entrenching a nominated House. It is true that in the interests of fairness my amendment would, for a temporary period until reform, lead to a life Peer replacing a hereditary Peer, and he or she would be a nominated Peer. However, that is not the purpose of my amendment in the long term. I have every sympathy.
It is interesting that whenever a noble Lord stands up in your Lordships’ House and even entertains the idea of an elected House of Lords—the noble Lord, Lord Tyler, is familiar with this, as am I—a sort of posse, often led by the noble Lord, Lord Rooker, rises with a mugging party and says, “It shall not be”. The reality is that almost everyone here who is a life Peer wants to stay and believes the House is absolutely perfect as it is and that we should not have any reform. Yes, we can talk about little bits of increment but never reform. That is the reality of the position. I am sorry to say to the noble Baroness, Lady Hayter, that I do not accept her comments. She is right to a point to say that it is an atavistic and understandable wish of the Labour Party and socialist movement more generally to eliminate the hereditary Peerage in Parliament. It is a perfectly respectable wish that can, and I am sure will, be accomplished one day by a Labour Government because that is the way our democracy works. My basic submission, however, is that it should not be accomplished by stealth in a Private Member’s Bill that entrenches an all-appointed House. The noble Baroness, Lady Hayter, did not address that point. She returned to the evasion which the noble Lord, Lord Grocott, has continually used, saying that this is just about ending by-elections. It is not just about ending by-elections; it is about, over time, creating an all-nominated House. For those who wish to achieve something, there is a piece of Virgil—I shall not quote him because it is not right—that states that often those who wish to achieve something weave a different pretext for it.
My noble friend is rising to tell me that it is all about incremental reform and I will hear it again.
His noble friend is rising to say that if everyone is trying to come clean on things, will he please come clean and say that his policy is for the abolition of this House and its replacement by something totally different? That is a valid and respectable point of view, but that is his point of view. Mine is the opposite.
I definitely respect that, but since I do not share his opinion that all will necessarily be hunky-dory once hereditary Peers go, it is perfectly legitimate for me to point out my point of view, and I will do it as often as I am invited to by my noble friend, who frequently reminds us of his own position. I do not necessarily think this Chamber would be made more effective by the removal of the hereditary Peerage, but that is not what I am arguing.
I am disappointed by the reaction to the amendment. The fact is that the effect of the Bill over time, whatever the noble Lord says, will be disproportionate. The noble and learned Lord, Lord Judd, said the Cross Benches could look after themselves, and of course they can. I am sure the hereditary Peers on the Cross Benches may well disagree with me when I say it is a pity that they are going. I will speak only from my point of view as a Conservative: I believe a Bill that would result in 20% of the Conservative strength in this House being removed over time is a political Bill and an unfair one.
I believe the Bill could be improved by the amendment; I think equity would be restored. The amendment would not stop the noble Lord’s Bill to abolish hereditary by-elections. It would permit him and the Labour Party to achieve their objective; it just asks for temporary political equity. I think it is mean-minded to reject it out of hand, and on these political grounds I wish to test the opinion of the House.
(7 years, 8 months ago)
Lords ChamberMy Lords, I speak briefly to Amendment 4, which stands in my name and that of the noble Lord, Lord Russell of Liverpool. It is similar in intent to the amendment moved very eloquently by the noble Lord, Lord Pannick, but it is shorter. I have sought merely to put in the Bill the remarks of Mr Jones and other Ministers: namely, that Parliament will have an absolute legal right, and that it will exercise its right before the European Parliament has exercised its. I say in parenthesis that we have to remember that whatever is agreed will go round every parliament, and indeed around some regional parliaments among the 27 nations, and it will go to the European Parliament, of course.
We have a system of parliamentary democracy in which I take enormous pride. I shall always be glad that I spent 40 years at the other end of the Corridor, not one of them in government but always trying to play a part in holding government to account. That is the supreme task of Parliament, in both this House and the other place. Of course, as I have repeatedly made plain in my interventions in the debates on this Bill and on many others, the ultimate power, authority and supremacy is with the other place. We neglect that fact—and it is a fact—at our peril. Nevertheless, we have not only a right but, I believe, a duty to ask the other place to reconsider if we think that it has not got it right. While I had no hesitation this morning in voting against the referendum amendment, I equally have no hesitation in speaking to this one, because all we are saying in this amendment and in the amendment moved so well by the noble Lord, Lord Pannick, and supported by my noble friend Lord Heseltine and others is that Parliament’s right and duty must be in the Bill.
It is not a question of the integrity of those who have made statements. Of course I accept that without question. But there is a difference between a statement expressing intent and a legal obligation. That is what we seek to insert in the Bill—a legal obligation that should be recognised. I very much hope that even at this late stage my noble friend the Minister will feel able at least to acknowledge that there is some validity in what we seek—and I very much hope that in the other place they will reconsider.
That would not delay the passage of the Bill by more than a day. We could get it through this House in all its remaining stages next week. It would in no sense alter the intent or purpose of the Bill, because it would give the Prime Minister what she has asked for. I sincerely hope that she will be in rude and vigorous health for many years to come and will still be in office long after the sad day when we have vacated the European Union. Nevertheless, we cannot guarantee that that will be the case, and one Prime Minister cannot necessarily bind her successor. Look at the changes that took place in June and July last year. How were the mighty fallen.
Unless my noble friend can give us the assurances that we seek, when we come to vote I urge your Lordships that we vote to put Parliament in its rightful place: the House of Commons first, but the House of Lords, this noble House, in its proper position, able to say, “Please reconsider”, and, “We genuinely do not think you’ve got this right”—
(7 years, 11 months ago)
Lords ChamberMy Lords, I apologise for intervening, but I had a small walk-on part—not as distinguished as that of the noble Lord, Lord Hunt—in 1999 and remember well the statesmanlike endeavour undertaken by the noble and learned Lord, Lord Irvine, and the then Lord Cranborne, now the noble Marquess, Lord Salisbury. They effected an extremely difficult compromise, which did not give satisfaction on all sides, to enable an important piece of constitutional reform to go forward. It was a distinguished piece of statesmanship, a compromise was made and the noble and learned Lord, Lord Irvine, said at the time in this House that it would remain “binding in honour” on all those who had taken any part in it. When I first came to this House, I was told that the one thing that a Member of your Lordships’ House had to do was to stand on his or her honour. I would therefore find it extremely difficult, short of the final reform of this House, to accept the removal and breaking of that compromise which enabled a great piece of legislation to be passed by the party opposite.
It is disappointing that a mugging party has arisen attacking my noble friend even before we have entered fully into the debate on this subject. It is not much of a filibuster by my noble friend, who spoke for just two minutes. I have heard more effective filibusters in my time.
I would hope that a sensible spirit of compromise could emerge. I discussed these matters with the noble Lord, Lord Grocott, and I understand that people opposed to the hereditary principle want to see it removed from the House. Most hereditary Peers I speak to—I should make it clear to those who are not aware that I am certainly not a hereditary Peer— do not object to the principle being removed from the House. The question is how, when and in what circumstances.
I concede that another reason why you might wish to remove hereditary Peers—I know that the noble Lord, Lord Grocott, does not have this purpose—is to secure some party advantage. Clearly, these Benches and the Cross-Benches have more to lose from the removal of the hereditary Peers than the Labour Party or the Liberals. There is a party political issue that needs to be discussed. I know that the noble Lord, Lord Grocott, would consider that, but it is another matter to be considered.
I am pleased that the Government said—if it is what they said—that this Bill should not go forward. This chip needs to remain on the table. Of course, the ultimate intention of the noble and learned Lord, Lord Irvine, and my noble friend Lord Salisbury at the time was that we would get to a place where the House would be reformed.
My noble friend Lord Cormack is a rather more regular speaker than I am, so perhaps he will allow me some comment on this subject. He said what a scandal it is that some Peers are here on only three votes but I am here on the vote of one person, by patronage. We should be a bit more cautious in being high and mighty about the methods by which certain noble Lords get here, when each one of us was happy enough to catch the eye of a selector, be it Tony Blair, Mr Ashdown, Mr Cameron or whoever it might have been.
The hereditary system we have now is a funny one but I have only one amendment tabled and that is to draw attention to the disproportionate representation of the very Benches that said, “Hear, hear”, when my noble friend Lord Cormack said that it was pretty odd that the hereditary Peers are here. I think it is pretty odd that there are a hundred of those chaps over there.
I said no such thing. I did not say that it was odd that they were here. I paid particular tribute to what they do. The Bill of the noble Lord, Lord Grocott, does not make any of them leave. I am concerned about the reputation of the House and the method by which they are selected. Also, I made it quite plain that the Government said the Bill would not pass, so why the worry?
My Lords, I am responding to three speeches that said it was quite unnecessary for my noble friend Lord Trefgarne to do what he is doing. I will bring my remarks to a conclusion. I will leave the point of honour before the House. I will leave the point of selection by patronage before the House. I will leave the point that by pushing hereditary Peers out of the House, you will not end the House of Lords question. All that will happen is that we lose the successors of some very effective people in this House.
I just add one other thing. I have here before me what the noble and learned Lord, Lord Irvine, said on 30 March 1999. I agreed strongly with it then and agree with it now. One of the things we discussed in the official group was how the hereditary Peers should be replaced while this compromise continued. The noble and learned Lord, and the Government, said they were not prepared to accept a system whereby Members of this House would choose who stayed and who came in, in what he described as “rather invidious” club rules. In fact, he spoke of,
“The rather invidious proposition that life Peers should have a vote in these elections and pass judgment on the comparative merits of their … colleagues”.—[Official Report, 30/3/1999; col. 207.]
Many of those who wish to end the election of hereditary Peers under the system we have now are the very same people who want a system where life Peers in this place pass judgment on who should stay—where the awkward squad and those who are independent minded might be pushed out. As this debate goes forward, that proposition deserves every bit as much scrutiny as the role and place of hereditary Peers in this House.
To conclude, I will stand on the point of honour. I have only one amendment and have not made a filibuster but made points that I believe are of great importance and which remain as valid today as they did in 1999.
My Lords, I thank the noble Lord, Lord Kerslake, for the gracious way in which he withdrew the previous amendment. He must have been a formidable Sir Humphrey, but as such, he would know when the time came to say, “Yes, Minister”. He has moved the amendment with quiet passion and a most persuasive speech, but we have reached the stage where we really should not be gainsaying the elected House. I hope that, with all his wisdom and experience, he will recognise that.
I also hope that my noble friend, who has done the equivalent of running several marathons over the past few weeks and deserves the thanks of us all for her unflappable demeanour, will recognise that worry is shared in all parts of the House about what I would call the Henry VIII aspects of the Bill. They were referred to in a short but persuasive contribution by the noble Baroness, Lady Hollis. I would like to think that my noble friend will gather a few people around, including the noble Lord, Lord Kerslake, to discuss the contents of some of the regulations that will undoubtedly need to be tabled and will be subject to affirmative resolution in your Lordships’ House. If people such as the noble Lord, Lord Kerslake, can have an input, that can only be helpful and to the benefit of us all.
I know that my noble friend is not in a position, as was slightly mischievously suggested by the noble Lord, Lord Shipley, to accept the amendment tonight. Of course she is not. The amendment either goes back to the Commons yet again or we accept that constitutionally, we do not really have the authority to do so. There are always things that we would like to get better. There are things that we would like to test to the ultimate. I am told that my car could go at 120 miles an hour, but would I do that? I would be not only a criminal but an idiot to attempt it.
I believe that we have taken this as far as we can in your Lordships’ House. It is good that the arguments are being rehearsed; it would be good if there were proper input from the noble Lord, Lord Kerslake, and others when the regulations come to be devised; but enough is enough, and I hope that we will not divide on this.
My Lords, I declare an interest as leader of a local authority and someone who has sat through a number of hours of proceedings on the Bill. Anyone who has read Hansard will know that my enthusiasm for aspects of it as it first appeared was perhaps a little way short of ecstasy, but it also contains some fundamental and important things that the Government promised in their manifesto and which people in this country want, such as starter homes, the right to buy and many others.
The House needs to find a balance, take part in a parliamentary dialogue and, ultimately, reach an accommodation. In that accommodation, I speak as someone who is elected, albeit as leader of a local authority. There is no doubt that the authority of election is substantial and different. It lies in the authority of the other Chamber and it does not lie in ours.
In the course of the past century, the House of Commons has not succeeded as a parliamentary Chamber capable of legislating as well as it should. That is a problem for the other place and one which the other place alone can resolve. It is because it has failed in that respect that your Lordships’ House has with great distinction developed this role as an advising and revising Chamber, which it has shown with exemplary quality and patience in the course of the Bill.
However, I ask the noble Lord, Lord Kerslake, not to press this matter further. This House cannot—it is not constitutional for it and it is not capable of it—construe the view that the other place, the elected House, takes of its own financial privilege. That is a matter entirely for the House of Commons. It is not for us to debate and say, “They won’t think this ventures into their financial privilege; we can get away with something else”. This is a matter for the other place. Twice, the other place has said to this Chamber that the Commons disagrees because it is asserting financial privilege.
The noble Lord, Lord Kerslake, is perfectly within his rights, and no one on this side or from the Government should ever say that a Member of your Lordships’ House is unable to propose an amendment in lieu when the other place has cited its privilege, but there comes a point when you have to say that batting back against the will of the elected House is not a profitable course to follow, either as a collective, as a House, or as an individual. I might give some gentle advice to the noble Lord: if I were seeking admission to the counsels of the Government, I would not necessarily keep shoving back the same thing time and again. I think there are perhaps better ways to proceed.
As the leader of a local authority, I have appreciated some of the many points that the noble Lord made. I wish, in some respects, that the Government had been able to listen on other points, but we are where we are. This is a much improved Bill; that has been acknowledged in the other place by Ministers who have welcomed the amendments that have been made. But now the time has come to accept the will of the elected House on this question. The noble Lord, Lord Kerslake, has had a good run—from the “Today” studio before he even became a Member of this House, through this long Bill. With the greatest respect, it is now time for him to head to the pavilion on this matter.