House of Lords: Working Practices

Debate between Lord Crickhowell and Lord Lea of Crondall

Monday 27th June 2011 Lords Chamber

[Lord Crickhowell]

My Lords, after 41 years in Parliament and nearly 24 years in this House, I should be used to finding myself in the kind of business management mess that we are in today. It is a mess that proves the need for urgent action. Much of what is required is set out in the important report prepared by my noble friend Lord Goodlad and his committee.

Here we are today, a Motion debated without a list, two Statements and then this debate with more than 40 speakers asked to comment in five minutes on the many details of a long report. It is not a sensible way of going about our business. Substantial improvements in the conduct of our business could be achieved by observing rather than ignoring the guidance given in the Companion, a subject well covered in the report except for two recent breaches of our conventions—speeches delivered after the Motion that the Bill do now pass has been moved; and, last week, amendments moved at Third Reading after identical amendments had been tabled and withdrawn on Report.

[Lord Lea of Crondall]

I know that the noble Lord is referring to me. I moved the only amendment at Third Reading. It was done with advice from the Public Bill Office. It was clarificatory and the debate had not been held before.

[Lord Crickhowell]

I carefully did not refer to the noble Lord by name, although I warned him that I might address the subject. The Companion is quite clear on the matter and I suggest that it should be referred to the Procedure Committee to consider whether there could not be firm and enforceable rules. As I say, what is convenient for some may cause inconvenience for others. More generally, I think that the Government Front Bench could have been more robust than it has been in the recent past in reminding the House of the conventions. The previous Government quite rightly did so frequently and effectively.

This brings me to the report’s recommendations on the possible role of the Lord Speaker at Question Time. It is suggested that the Lord Speaker is physically better placed than the Leader to interpret the will of the House. However, I am told that it is impossible for anyone on the Woolsack to see many Members at the opposite end of the Chamber. I fear that it will be necessary for a clerk to stand beside the Woolsack to identify noble Lords—and then we are getting close to the practices of the other place and a move away from self-regulation. I would be against that. Reluctantly, I am prepared to see what lessons are learnt by an experiment, but they could be learnt quite quickly; a period from September to the Easter Recess should be ample.

I doubt the need for a monthly Question Time dedicated to Questions on House of Lords matters addressed to the Leader. I fear that we would soon find ourselves in a Lords version of Prime Minister’s Questions with the subjects raised going far wider than House matters. The proposals about Statements head us in the right direction. Fifteen minutes should provide ample scope for the Opposition spokesperson to make a response and put questions. If we are to have a more liberal interpretation of PNQs, the congestion of business will be made even worse than it has been today unless the proposal about second Statements being taken in the Moses Room is accepted as a general rule.

On the scrutiny of legislation, the Constitution Committee, of which I am a member, will place a report before the House very shortly about the process of constitutional change, which will include a number of proposals about strengthening the role of Parliament and dealing with such matters as pre and post-legislative scrutiny. Its conclusions will reinforce the conclusions of the Leader’s Group. The report we are debating attempts to define what constitutes good effective scrutiny. I would add seeking to ensure that the established constitutional conventions are observed. I support the recommendation to appoint a post-legislative scrutiny committee but I hope it will review more than four Acts each year. We need to submit a more rigorous and demanding process for post-legislative scrutiny applicable, certainly, to all significant constitutional legislation.

I part company with the Leader’s Group about the proposals for sitting times. I am completely opposed to the suggestions about sittings in Grand Committee starting at 10.30 am, which I believe would alter the character of and seriously damage the effectiveness of the House. A large number of Lords have other occupations, and they include a high proportion of the younger Members of an excessively elderly Chamber. Those Peers need to earn a living. Many make distinguished contributions outside Westminster and we need their contributions here as well. The effectiveness of the other place has been substantially undermined by similar changes. There are other objections. Many of our Select Committees meet in the mornings. Is it seriously suggested that all the hard-working members of those important committees are to be excluded from playing their part in scrutinising legislation? I hope not.

What is proposed is a disastrous move in the wrong direction. The pressure on our business timetable has developed because we have too much legislation, much of it ignoring clear guidance given by committees of both Houses, rushed and often badly drafted and almost all of it inadequately examined by the elected Chamber. Morning sittings would remove a discipline on government and make all these faults even worse.

I turn to the proposals I can support. These include those asserting our freedom to vote on delegated legislation; I like the idea of a Back-Bench business committee. Some of the suggestions for the use of simpler language are sensible, but I would regret it if we were to abandon the appellations that are used because I believe that they are helpful in maintaining courtesies that seem to be under threat.

Finally, I agree that it would be helpful to make the work of the usual channels more accessible if it is coupled with a recognition that the Government of the day are entitled to get their business in reasonable time and that it is in the interests of everyone to have a sessional programme that is seriously disrupted only rarely and for good reasons.