Arrangement of Business

Lord Dixon-Smith Excerpts

Monday 5th November 2012 Lords Chamber

[Lord Elis-Thomas]

My Lords, reference has been made to the signing of this amendment by my noble friend Lord Wigley. He consulted me before doing so because, in a party of two, consultation is essential. I rise to speak on this issue because for 12 years as the Presiding Officer in Cardiff I always took the advice of the clerks. It is not possible for a parliamentary assembly to function without taking seriously the advice of its clerks. However, we are in a different situation in this Chamber. We are a self-regulating House, which means that there is a democratic and moving relationship. The Speakership of this House—I defer to the Lord Speaker in this—is divided between the Leader of the House and the other parties in this House. The discussions that take place behind the Speaker’s Chair—as it would be in the other place—are essential to the progress of the business of the House.

We have to face two issues here. First, the Government have a right to take their business through, but the Opposition, along with other Members of the House, have a duty to oppose that business when they have the opportunity to do so. That is what is at loggerheads in this situation. I ask the Leader of the House to reconsider his tactic of continually withdrawing the opportunity for the rest of this House to vote on this matter, because that also is contrary to the principles of this House and of parliamentary democracy.

[Lord Dixon-Smith]

My Lords, perhaps a rather naive Back-Bencher on this side might intervene. We continue to discuss this matter in the context of a specific amendment. That, to me, is not the point at issue. The point at issue is that if we accept this amendment in its present form, against the advice of the clerks, we open the door for any Member of this House to do precisely the same thing again—and again. It is my private view that if we go down that road, those who have tabled this amendment and are insisting on it will live to regret the day, and the future administration of this House will be infinitely more difficult than it has been—or indeed is at this present moment.

[Baroness Farrington of Ribbleton]

My Lords, last week the Leader of the House gave a reason to the House for the action that he took. Was the advice he received about the power of the Leader of the House to pull something from the Order Paper on behalf of the Government, or acting as leader of his party?

I find tragic the way in which the role and use of the usual channels have been diminished in your Lordships’ House over the past two years. I do not know whether all the parties in the coalition were made aware before a decision was taken about the procedure that the noble Lord has followed in changing the expected business or whether the other party in the coalition was informed after the decision had been taken.

I had a few years’ experience as a government Whip and I am aware of the way in which the usual channels used to work. I cannot recall any occasion when what was done by the Leader of the House was done by merely informing the usual channels rather than discussing it with them.

I have to tell the Leader of the House that there is a view outside your Lordships’ House that he may, as Leader, have convinced enough people to be able to carry the argument that time needed to be spent to reflect on the issue, but the action that he took on Thursday and the resulting effect today will be viewed by the cynical, within and without your Lordships’ House, as merely a response by the Conservative Party, as part of the coalition, facing a defeat. Many people will believe that. I listened so hard to the Leader of the House, waiting for a good reason for the business to be changed.

Secondly, in my view, to start putting matters on the Order Paper after the House has risen on a Thursday on issues about which Members across the House feel very strongly is discourteous. I did not think I would ever stand up in your Lordships’ House and feel the right to say that I believe the Leader of this House has behaved discourteously. However, on this occasion, I do.