Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Elton

Wednesday 24th February 2016 Lords Chamber

[Lord Elton (Con)]

Perhaps I could clarify the situation. As I understood it, when those remarks were made, we were discussing Parts 2 and 3 of the Bill. That is when any new regulations might apply; they do not apply this evening.

[Lord Forsyth of Drumlean]

Further to that point, perhaps the noble Viscount could confirm that that is the position. To be fair to my noble friend, he said that it was a matter for the usual channels, but we were led to believe that the usual channels would accede to this. It would be completely unacceptable if we did not have that flexibility for Parts 2 and 3, particularly as all the Statement today said was, “Haven’t we done a great job?”. It did not tell us what this was about: we are not getting that until tomorrow, which is Thursday. Although the House is sitting on Friday, there is not a great deal of time for people to absorb it.

Succession to the Crown Bill

Debate between Lord Forsyth of Drumlean and Lord Elton

Thursday 28th February 2013 Lords Chamber

[Lord Elton]

My Lords, I think that that falls outside the terms of the amendment. If I could return to my noble friend’s question, surely the answer to his worry is quite simple: at the end of line 31, insert the words, “subject to approval by both Houses”.

[Lord Forsyth of Drumlean]

My Lords, I was quite struck by an argument that my noble and learned friend used in an earlier amendment when he chided me, in arguing that it was important that Parliament was able to take account of the arguments of other parliaments, and suggested that I might be presenting this Parliament as dictating—as opposed to the Executive; it is okay for Ministers to decide things over lunch, but it would be dictating if Parliament made decisions. I see that he has a point there; if we had brought this legislation through both Houses, there might be a feeling in the other realms that we had it all cut and dried.

I have been reflecting on that in a humble way, and have been so persuaded by my noble and learned friend’s argument that I think that the noble Lord, Lord Stevenson, has got it 100% right. If, as my noble friend Lord Elton has just suggested, we were to amend the commencement provision to require approval by both Houses after the other realms had considered these matters, then we would have an opportunity to demonstrate to all those other realms how we were taking account of the views not just of their Ministers but of their parliamentarians. This proposal is actually a clever and ingenious way of delivering what the Minister himself said was appropriate only a few moments ago.

Electoral Registration and Administration Bill

Debate between Lord Forsyth of Drumlean and Lord Elton

Monday 14th January 2013 Lords Chamber

[Lord Forsyth of Drumlean]

My Lords—

[Lord Elton]

My Lords, I really was up first and I merely want to ask the noble Lord this question. He has made a very moving and appealing speech. Before he sits down—

House of Lords: Reform

Debate between Lord Forsyth of Drumlean and Lord Elton

Wednesday 22nd June 2011 Lords Chamber

[Lord Forsyth of Drumlean]

My Lords, it is a great pleasure to follow the noble Lord, Lord Williamson, in this debate and to pick up the point that he has just made on ministerial appointments. He is quite right that the proposals in the draft Bill provide for the Prime Minister to make an unlimited number of appointments to a largely elected House. Well, hang on a tick. If there is no legitimacy in being an appointed Member and you need to be elected, what is the logic of arguing that Ministers in this House can be appointed by the Prime Minister? This is to turn the constitution on its head. My understanding of the position of Ministers is that they remain Ministers so long as they command the confidence of Parliament. This is turning it the other way round so that in order to be a Minister you have to be a Member of Parliament, and while the Prime Minister can appoint you to be a Member of Parliament, you will cease to be a Member of Parliament as soon as the Prime Minister has lost confidence in you. This is a complete inversion of the constitutional principles and accountability that are the heart of our parliamentary system.

[Lord Elton]

Does that not exactly endorse my claim that this is part of a war of Government against Parliament? It is trying to seize control of this House.

[Lord Forsyth of Drumlean]

Indeed it is; I entirely agree with my noble friend, who I thought made an absolutely splendid speech. I see on the front page of the Telegraph today—if I can be a candid friend to my right honourable friend the Prime Minister—that he is quoted as saying,

“You do the fighting, I’ll do the talking”.

If I can give him a bit of advice, a bit of listening might be in order here, otherwise some of us will start doing a bit of fighting. My noble friend, whom I have never really regarded as a great rebel, is absolutely right to say that this is about Parliament and its role.

My noble friend Lord Steel of Aikwood, in his speech, described the draft Bill as a dog’s breakfast. I know that he breeds Labradors, and that Labradors will eat absolutely anything. However, I suspect that his dogs would find this pretty hard to digest, because it is a complete shambles from start to finish.

If the politics of this are, as I read in the newspapers, that this has been put forward as a consolation prize to the Deputy Prime Minister after the debacle of the AV referendum, I would have to say that it is more of a poisoned chalice than a consolation prize. Listening to and reading the speeches made so far, I would have to say that there is no way in which this legislation will get through this House and on to the statute book.

My noble friend the Deputy Prime Minister would do very well to listen to the proposals that have been put forward by my noble friend Lord Steel of Aikwood. My noble friend’s proposals are about reform; the Deputy Prime Minister's proposals are about the abolition of this Chamber and the creation of a new House of 300 paid and pensioned Members. This Government have a curious sense of timing. At the very moment when they are telling people in the public sector that we cannot afford their pensions and we are short of money, they are proposing to create 300 new politicians, all with index-linked pensions. It beggars belief how we are expected to explain that to a public who are already sceptical about our political process.

I have been thinking, “What would it be like to be one of these elected Members of this House? What would I do if I were an elected Member of this House?”. The first problem I thought of is, “Which manifesto would I be bound by—the one that I was elected on, which would last for 15 years, or would it be a manifesto which changes?”. I shall give an example. My own party has had a series of positions on tuition fees: we have been for them and been against them, all within a 15-year period. If you were elected on a manifesto that said that you were in favour of tuition fees, what would you do if, at the next election, the party changed its policy? Which manifesto would prevail?

If there are going to be 300 Members of this House, presumably one of them will represent an area where there are three constituencies. A sacred part of our constitution is the ability of Members of Parliament to be elected for whatever party but to represent their whole constituency. You don’t say, “Don't come to my surgery if you didn't vote Tory”. We say that we represent them all. We have some experience in Scotland of what happens when you get that kind of effect. The list Members start playing politics in the constituency and try to undermine the Member of one party. That leads to a waste of public money, to officials getting letters from every corner of the geographical area and to utter cynicism on the part of the constituents.

I return to my question: how would I behave? I would think, “I am there for 15 years. The average tenure of a Member of Parliament is about eight years; perhaps it might be a little longer with fixed-term Parliaments. I am going to be the incumbent. I am going to be the person whom everybody knows. So what am I going to do? I am going to do everything I can to ensure that my party wins the constituencies in my areas—that is what I am going to do”. The idea that we will be like Members of the European Parliament, as the noble Baroness suggested a moment ago, is ridiculous. And, in behaving like that, we would undermine the whole nature of this place.

The Deputy Prime Minister says that he is bringing forward these proposals in order to restore trust in Parliament. They are based, he says, on a principle that they will not alter the way in which Members of Parliament behave. But of course they will. If I am elected, I will have constituents; and they are going to come to me with problems, and I am going to do everything that I can to advance their cause. Even if that means making life difficult for those down the corridor, of course I am going to do it.

By the way, the most ignorant part of the statements made in support of this legislation has come from those who have said that the conventions and powers will remain the same. The powers of this House are unlimited. Do those in the other place who support these proposals understand just what we are capable of doing if we have democratic legitimacy? That is the message for the House of Commons, which was made so powerfully and effectively by that champion of Parliament, the noble Baroness, Lady Boothroyd, in her excellent speech yesterday.

No, we want no part of abolition. But we do want reform, and reform is there. I advise those members of the Joint Committee, who have been handed a hospital pass, that at their first meeting they should conclude that there is nothing to be done except to pass the Steel Bill. It would reform this House. It would let the hereditaries wither away by getting rid of the by-election system. It would allow retirement and remove on permanent leave of absence those who do not come here. It would provide for an independent Appointments Commission. That is a sensible piece of reform that we could pass tomorrow. It is ludicrous that Parliament should be treated as a kind of political football in a game which, at its roots, comes from the failure of the Liberal Party to retain the trust of the people because it did not keep the promises it made at a general election. There is no criticism of the work of this House. The implementation of a regular guillotine has undermined the work of the House of Commons and made it all the more important that we fulfil our constitutional duty.