(3 weeks, 4 days ago)
Lords ChamberMy Lords, before speaking to Amendment 13, I should explain that I have tabled Amendment 13A on the supplementary list to put beyond doubt a point that may have been an unintended effect of the original drafting of Amendment 13. Amendment 13A ensures that the proposal in Amendment 13 would not apply to any existing Member of this House, but only to future ministerial appointments of new life Peers. After all, we on this side do not favour the forced expulsion of any Member of your Lordships’ House, and indeed your Lordships voted to support that important constitutional principle only last week. It has been agreed in the usual channels that, if the clarifying Amendment 13A is supported in a Division, Amendment 13 will be accepted as a consequential, so there will be only one vote on this issue.
The purpose of this is to send a clear message to the other place and to all Governments—I emphasise “all Governments”, and will come back to that—that service as a Minister in your Lordships’ House should be properly remunerated. There are other issues that need to be addressed, including pension and severance pay, but this amendment is about pay.
I spoke at some length on this in Committee, and I do not need to repeat all the arguments here, but let me set out three firm principles on which surely we across this House should all stand. The first is a fair day’s pay for a fair day’s work; the second is equal treatment for Ministers in both Houses; and the third is that no Member of this House should be prevented from serving their party, their House and their country for the lack of private means to do so. That is an unfairness that should have ceased to exist in the 18th century, let alone now in the second quarter of the 21st century. None of those basic principles that I have set out currently applies to Lords Ministers’ pay. Surely all Government Ministers in the House of Lords, whichever party is in office, should be paid. If they wish to renounce that pay, or any part of it, that is all well and good, but that does not affect the basic underlying principles.
In Committee, I spoke very frankly of my sense of shame—and, I might have added, anger—that I was unable to resolve this issue while I was Leader of the House because of, frankly, opposition at the top of both major parties. I exclude the noble Baroness opposite from this, who was extremely helpful and constructive in our discussions. I need not repeat those points today.
Towards the end of the last Government, 14 Ministers and Whips in this House were expected to work unpaid. The unpaid Ministers included my noble friends Lord Howe, Lord Minto, Lord Camrose and Lord Roborough. It is richly ironic that their public service and self-sacrifice then will now be rewarded by this Bill, as originally drafted, excluding them from our House.
As I said in Committee, I felt particularly keenly that it was a disgrace that my noble friend Lord Ahmad of Wimbledon, a consummate and internationally respected servant of his country, lost out doubly as being unpaid and unable to claim an allowance because he was so often unable to attend the House because of his duties overseas. Such things should not happen.
Today, the Downing Street website tells us—I take it directly from there—that the noble Baroness, Lady Gustafsson, of Chesterton, and the noble Lords, Lord Hanson of Flint, Lord Timpson and Lord Hendy of Richmond Hill, all work as Ministers of State unpaid. The noble Lords, Lord Moraes, Lord Wilson of Sedgefield, Lord Katz and Lord Leong, and the noble Baroness, Lady Blake of Leeds, all work as Government Whips unpaid, according to the government website this morning.
Perhaps only those of us in this House understand the immense burden and workload that falls on Whips in your Lordships’ House. It is quite different from what happens in the Commons. We admire them all greatly, and each of those Ministers I named are greatly admired and respected by their colleagues on this side of the House.
But no one should be required to do all that work without pay. No one in any other workplace would tolerate that as a fair way to treat labour. Where is the clause in the massive Employment Rights Bill to right the wrong that is done not just to those individuals but, frankly, to the dignity of this House?
I take nothing away from the sense of public duty. I admire it tremendously because it has led noble Lords under successive Governments to give public service here without reward. But not everyone in this place has the means to do that. That is an unfairness and an injustice, and it should end.
The problem results from two 50 year-old statutes: the Ministerial and other Salaries Act 1975 limits the total number of paid Ministers to 109, and the House of Commons Disqualification Act 1975 allows for up to 95 Ministers in the House of Commons. If the Commons takes up its full allocation of 95 ministerial places, the effective, legal statutory limit for paid Ministers in your Lordships’ House under that limit of 109 is just 14. Clearly, that is not enough. The system must be changed. Of course, it could be changed by a simple Bill agreed across the parties to amend paragraph 2 of Part V of Schedule 1 to the Ministerial and other Salaries Act 1975 Act. I am sure we could agree that very swiftly.
The self-sacrifice and sense of duty of those who serve for nothing should be respected. However, it need not for ever be repeated. We cannot neglect this issue, I submit, for the dignity and effectiveness of this House. This amendment would force the hand of all future Governments and all parties in the other place to address the issue. Now that the Bill has now been amended and is going back to the other place, I hope we may agree to send this important message down the Corridor.
On the basis of my experience and my sense of the rightness and fairness of this House, it is high time to open up the opportunity to every one of us here who may wish to serve their party and country as Ministers or Whips in this place but cannot afford to do so without pay to have that chance.
On our side, we will work across the House to agree and expedite a fuller solution going beyond this initial step, which will redress the balance between Commons and Lords Ministers. In the interim, I commend this first step to the House, with the firm belief that if no message is ever sent, the same experience that I and former Leaders of the House have had will go on recurring and people here will be asked to work for nothing.
My Lords, as explained, I have already spoken to this amendment. I beg to move.
I apologise for jumping the gun, but the enthusiasm I feel for this amendment from my noble friend goes back to the previous Parliament: I pay tribute to the Leader of the House and to my noble friend for the efforts that were made in the last Parliament to right this wrong. Perhaps I could just make a few punchy points.
There is a limit, as my noble friend has explained, on the total number of Ministers. I was very indebted, in the last Parliament, to my noble friend Lord Young of Cookham, who pointed out that there seems to be an increasingly inflationary effect on the number of Ministers who are needed to run this country. When I was Secretary of State, pre-devolution, we were responsible for everything, not just the devolutionary matters in Scotland, and we did it with one Secretary of State, four Ministers and two law officers. There are now 29 Ministers in the Scottish Parliament.
I am looking at my noble friend Lord Clarke. He and my noble friend Lord Fowler ran the Department for Transport in 1979 with two Ministers, and in 1979, that department was responsible for British Airways, the ports and the National Freight Corporation, none of which applies to the present or the previous Government’s Department for Transport, just to show that I am being non-partisan. In 1979, there were two Ministers, but by 2023 there were five Ministers in the Department for Transport, with much less to do.
The same was true of the DHSS, which had five Ministers in 1979. The DHSS was then split into two departments: the Department of Health and the DWP. The DHSS had five Ministers in 1979, but the two departments between them had 12 Ministers. You could argue that things have got more complicated, but there does seem to be an inflationary effect which even beats the Bank of England in the ability to create this kind of growth.
I think that it is very important that the principle that my noble friend has enunciated should be upheld: no one should be unable to be a Minister because they do not have the private means to do so. But just to follow up on my point, it looks to me suspiciously as though ministerial appointments in the other place were being used as a means of patronage by the previous Government to make sure that people would go through the Lobbies.
This Government do not really need much patronage —until recently, at least, they had a huge and loyal majority—but it looks as if that is what is happening. If we add to that the appointment of people who act as trade envoys and so on, it looks as if appointments are being used to increase the power of the Executive at the expense of the elected Chamber and this House. I think that my noble friend’s amendment and this principle is very important, because it goes to the heart of the ability of Parliament to hold the Executive to account.
This is not the only anomaly in the way this House is treated in respect of remuneration. Our Select Committees, if they go and do their work outside the House, can claim only half a day’s attendance, yet if people participate in our Questions remotely, they can claim a full day’s attendance allowance. I am sick to death of reading in the newspapers how we in this House are paid £371 for just turning up. No one points out that, out of that £371, people are expected to make a contribution to their overnight allowance and expected to cover their own secretarial and research costs. I point out that in the other place, the allowance for secretarial and other support can go up to £250,000 and the housing allowance up to £25,000.
Yes, MPs have constituents but, in this House, we often sit long after the other place has gone because we are clearing up the mess which is left when Bills have not been properly considered. Ministers in this House—God bless them—are expected to stand at the Dispatch Box, although they do not always do so, and answer questions not only on behalf of their departments but for the whole of the Government. This is an onerous task, and the idea that people should be expected to do that unpaid is, frankly, utterly outrageous.
(1 year, 3 months ago)
Lords ChamberI agree with the noble Baroness on the continued holding of hostages. It is never justifiable to take or hold hostages. I repeat that Hamas can end this by taking a whole series of actions. Interfering with, and indeed seeking to abscond with, aid is equally unacceptable. Obviously, we make every effort through our counterparties to ensure that that does not happen, but Hamas’ activities do not make the delivery of humanitarian aid easy.
My Lords, I try to think of how I would feel about being told to exercise restraint, if I were living in Israel at the present time and had been subject to this attack, knowing that this evil regime, which has now come out into the light, supported these vile groups that were responsible for 7 October and other attacks. Of course, restraint is important. But I would also be worried that this evil regime is developing a nuclear capability. I very much welcome what my noble friend said—that efforts will be made internationally to deal with that—because no one in Israel can sleep safe in their bed at night knowing that this regime might have the capability of developing nuclear weapons. I think, with hindsight, that we have perhaps been a little less determined to deal with this problem, through sanctions and other matters, than we could have been.
I warmly welcome my noble friend’s Statement, which has exactly the right kind of balance and sensitivity that we have come to expect from him. But I think the points made by the noble Lord, Lord Moore, and the noble Baroness, Lady Deech, are very important.
My Lords, I fully understand that, and can sympathise with that. I sympathise with it deeply. There is a wound there which cannot be removed, but ultimately we have to find a way for wounds to heal. They cannot heal while the kinds of actions being taken by Iran continue.
Dealing with Iran is a matter for international agreement. The question of how to deal with it has been going on since the original discussions between President Obama and the Iranian Government. Attempts were made under the present US Administration to table viable deals in relation to the Iranian nuclear programme in 2022, which would have returned Iran to full compliance with its commitments and returned the US to the deal. But Iran refused to seize that diplomatic opportunity in August 2022 to conclude such a deal, and although we remain committed to a diplomatic solution, I have to say that Iran’s actions over the past months have made the prospect of progress much more difficult, which informs the other comments I made earlier.
(2 years, 7 months ago)
Grand CommitteeMy Lords, that is an important challenge. On the local authority that I once had the honour to lead, one of the first things I did was ensure that items of spending over a certain level were put on the web immediately, which was not then current practice. I am sympathetic to the aspiration. I am only Leader of the House of Lords; I am not commanding this process. As Leader of the House of Lords I will try to ensure that matters are as clear as they should be.
On the point about my noble friend not commanding the process—in many ways, I wish he was—there is a real problem, to pick up on what he said about the most recent project. It is a cultural thing. It is a culture of, “We are here to be done unto by people who know what’s best”, and consultation consists of telling us, “This is what is going to be done.” When you say that it is not such a good idea, the response is that it is all decided. If my noble friend can change that culture, it would make it so much easier to make progress.
My Lords, I fear that I have trodden too widely. This is not a debate about me personally—God forbid. Nor is it about the wider culture that my noble friend asserts exists. I have heard that said by others and I am conscious of it, and as a relatively new Leader of your Lordships’ House, as I said, I am extremely concerned that every Member of this House feels involved and engaged with all that is happening. To repeat my opening remarks, which were personal rather than from my draft, this before all else is a place where democratic work has to be done. Therefore, the role of Peers and Members should be pre-eminent in that.
On accountability, the process is being directed not by me but by the new in-house client team, in which I will have a part as a member of the commission on the client board, and it will be required to hold the delivery authority to account for the costs it presents. As I have said, the new head of the team is aware of the need to increase capability. The costs will be presented to the programme board in the way I have described. There will be extra expertise on it. All costs will be presented to the client board composed of the two commissions. I have described the process and will not go over it again. I am conscious of the noble Baroness’s challenge, and I am sure that those who read the debate will be too.
At this point, and with these regulations, we are simply seeking to wind up the sponsor body and launch the new ship, which I hope, despite the scepticism of noble Lord, Lord Best, who also expressed hope, will take us forward in an effective way, allowing Peers and Members to feel involved when considering options that will be presented next summer and which will come before both Houses for decision at the end of the year. We are just starting this process. I submit that we should allow and support it going forward. For all the proper scepticism that some noble Lords have expressed, I think the noble Lord, Lord Newby, is right to say that, ultimately, we have to do our duty to make sure that this building is fit for purpose and for future generations. That is the challenge.
It is clear that most who have spoken and others I have spoken to are committed to ensuring that this remarkable building, which we can proudly call our place of work, is protected for future generations. I hope that noble Lords will join me in supporting these regulations, which will come into force on 1 January 2023, as well as in supporting the delivery authority and those involved in programme going forward. All parties are represented on the boards involved, and I agree with the noble Lord, Lord Best, that there should not be politicisation of the process. It is important that those from all parts of both Houses should come together to ask challenging questions and to put themselves in a position to make decisions next year.
Motion agreed.
(2 years, 9 months ago)
Lords ChamberMy Lords, does not my noble friend the Minister think it remarkable that, with soaring interest rates worldwide, a dangerous war in Ukraine and double-digit inflation in this country and elsewhere, the opposition parties have nothing to say by way of remedy other than that we should reduce the term of the Prime Minister to less than that of a fruit-fly and plunge the country into a general election? Is that not why this country needs this Government at a time when people are worried sick about how to pay their bills?
My Lords, Labour’s spending commitments are about as opaque as the Government’s current ones but at least we are going to publish ours shortly. We all wait to hear what the Labour Party might say. It will face the same constraints on tax and spending as this Government. It has committed to massive excess expenditure but we have seen few revenue-raising proposals. Indeed, the windfall tax would be a one-off and would raise significantly less than Labour suggests. In conclusion, if this does not take away from people’s problems and fears—people are worried about mortgages, interest rates and inflation—let me say that the current central bank interest rate is lower than it was in 11 of the 13 years of the Labour Government after 1997, when average rates approached 5%.
(2 years, 9 months ago)
Lords ChamberMy Lords, apart from the rhetoric, the main part of the noble Baroness’s question was on energy prices. I hope that your Lordships have heard with delight that a Bill, for which I expect the support of both parties opposite, has been presented to the House on which we will debate these matters in some detail.
On the specifics, I say that continuing with the planned level of support between now and 2023 will remain a landmark policy. It will support millions of people through a difficult winter and means that they will not have to face bills as high as they would have been. A Treasury-led review has been announced into how we support energy bills beyond April next year; its objective is to design a new approach that will cost the taxpayer significantly less than planned while ensuring enough support for those in need, which I think all noble Lords would like to see. Equally, any support for businesses will be targeted to those most affected. This new approach will better incentivise energy efficiency. However, it is important to underline that the support with energy bills that my right honourable friend the Prime Minister so swiftly announced is going ahead, and what is being provided between now and next April will not change.
My Lords, does my noble friend not think that this is a moment for Members of Parliament to pull together? We are facing a global crisis caused by living on printed money on an immense scale—£450 billion—to deal with Covid. Frankly, it does not matter which Benches are in power; interest rates will go up very considerably as a result. Therefore, it is necessary for us to focus on the policy changes needed to protect those who will be unable to pay their bills. Playing politics with this does no credit to Parliament and nothing to help those who will be affected.
My Lords, my noble friend, with his enormous and widely respected knowledge as a former chairman of your Lordships’ Economic Affairs Committee, makes a very strong point about the international situation. However, His Majesty’s Government must deal with what they can do here at home. In offering protection, as we have discussed, we will also continue to seek to promote growth. We will launch investment zones—I hope that they will be widely supported by your Lordships—and shortly introduce minimum service levels for transport services in Great Britain, ensuring that militant strike action cannot derail economic growth and union bosses cannot hold working people to ransom.
(3 years ago)
Lords ChamberMy Lords, the role of the House of Lords Appointments Commission is greatly valued. It is advisory and one of its primary purposes is to vet nominations to the House of Lords. Your Lordships’ House is in need of being refreshed constantly. We have had the pleasure today of welcoming a new Member, just as yesterday we heard the valedictory speech of one of our most beloved and long-serving Members, my noble and learned friend Lord Mackay. There is a difference, although it is unchivalrous to point it out, of 37 years between those two Members. Refreshment is part of that and any Prime Minister will always seek to do it. My observation is that there is a need for an urgent refreshment of the Front Bench opposite, whose work is outstanding and presses hard on them. I have long advocated, and hope it will happen, that there should be a refreshment of the Front Bench opposite. I hope that will not be resisted by your Lordships.
Perhaps my noble friend might suggest to the Prime Minister that, in making appointments, he adopt the policy pursued for Cross-Benchers who come here via HOLAC of getting assurance that those who are appointed will take this place seriously and do the work.
I can certainly agree with my noble friend and the implication of the question put earlier by the noble Baroness, Lady Smith. To be a Member of your Lordships’ House is one of the highest privileges that any person can ever receive. I have always tried to attend and do my duty here. I would hope that those who are appointed would behave in the same way.
(3 years ago)
Lords ChamberMy Lords, that is a matter for colleagues across the Government. I have reported to the House the current situation. It may be no accident that the Bill has come forward but I undertake, as far as I can on behalf of my colleagues, that we will be as accommodating as we can be to that Bill.
My Lords, does my noble friend accept that the reason we see ambulances stacked outside hospitals and people unable to get ambulances is that there is inadequate provision of care for people at home, whether from their family or from elsewhere? Would it not be a good idea for the Cabinet Office to look at how we resolve this problem, which is resulting in people not being treated, blocking beds and not being able to access emergency services?
My Lords, I think the Government should give attention to that. Regarding my being responsible for the Civil Service in this respect, it is a collective responsibility. The problem my noble friend refers to is one of which too many people are all too aware.
(3 years ago)
Lords ChamberMy Lords, so far as the management of the response to the heatwave is concerned, that is my right honourable friend the Chancellor of the Duchy of Lancaster. Overall responsibility for the longer-term net-zero objectives of this Government, which are greater than those of any Government before, is carried forward by Defra. The implication of the noble Lord’s question is that there might be some failure. I pay tribute to all those involved in planning for this heatwave. The forward warnings and information for the public have been very clear, and the emergency services have responded extraordinarily well. I express my thanks to them.
My Lords, at the risk of making myself unpopular, does my noble friend not think that there is something of an overreaction to two days of extreme temperatures? I remember the summer of 1976 because that is when I proposed to my wife, who I have been married to for 45 years. We had two months of very extreme temperatures and somehow, we did not have people going out painting the rails white, people not turning up for work and airlines not operating, so should we not get a sense of proportion here and recognise that the people being held up at airports are all trying to get to countries where it is even hotter?
One of my neighbours said that to me only yesterday; he was just off to a hotter place. Of course, I remember the bloom of youth, and the summer of 1976 was wonderful and memorable in many ways. Let us not forget that many people, if they behave sensibly and reasonably, can enjoy those warm summer days that they dreamt of in the cold winter nights of November and December—but many people are vulnerable and need care, support and protection. That is the responsibility of the Government so, although I accept what my noble friend says, we should all be mindful that there is danger in excessive and exceptional heat. The Government, with the emergency services and others, are seeking to respond to it.
(3 years, 2 months ago)
Lords ChamberTo ask Her Majesty’s Government what consideration they have given to the location of the House of Lords Chamber during the restoration and renewal programme.
My Lords, restoration and renewal is a parliamentary programme and decisions on how to proceed are for Parliament. Both Houses are reviewing the programme’s shape and the commissions will jointly consider options and seek a revised mandate from both Houses. Further decisions, including on decant and location, would need to be considered by both Houses and debates are currently planned for before the Summer Recess. I repeat: the Government are clear that these decisions are a matter for Parliament.
I am most grateful to my noble friend, so can we take it that Mr Gove was off doing his own thing at the weekend when he wrote to the Speaker on Friday evening to indicate that the Queen Elizabeth II Centre would not be available for us? Would the Government be kind enough to ask him to put in the Library the analysis of how he thought this would enable Parliament to function, if one House was sent to Stoke or somewhere else? Will my noble friend indicate what consultation Mr Gove carried out before he made this statement and just remind the Secretary of State, as he did in his Answer, that the location of this House is a matter for this House and not for the Executive?
My Lords, I will not be tempted to follow speculation about what might have been the motives of a colleague in the Government in relation to a particular letter. The Secretary of State is always inventive, but I will repeat what I have said: that these are matters for Parliament.
(3 years, 4 months ago)
Lords ChamberMy Lords, I repeat that we seek ongoing friendly and close relations with the devolved Administrations. Indeed, even in this regard, I know that the Secretary of State for Wales and the Minister for Levelling Up, the Union and Constitution met with the commission set up by the Welsh Government on constitutional matters. I can assure the noble and learned Lord that these contacts will continue.
My Lords, given that under the Barnett formula, Scotland receives very substantial amounts of taxpayers’ money from the rest of the United Kingdom, why are we not allowed to ask Questions in the Table Office about the huge losses—in ferries, airports and all kinds of weird and wonderful schemes—of hundreds of millions of pounds by the SNP Government? Why are they not accountable for taxpayers’ money in this House?
My Lords, I cannot answer that question: it is a matter of procedure. As to the Table Office, that is a matter for the House authorities. I agree with my noble friend and the noble Lord, Lord Foulkes, that the politics of the current Administration in Scotland leave a lot to be desired. It is notable that the Scottish nationalists do not send Members to your Lordships’ House, so we cannot hold them accountable in this Chamber, which is regrettable.
(3 years, 5 months ago)
Lords ChamberMy Lords, the noble Baroness makes an allegation under privilege; perhaps she would like to repeat that outside the House.
My Lords, will my noble friend take this opportunity to pay tribute to the trade union movement and the fantastic job that it has done in lobbying Labour and Conservative Governments?
I would indeed; I am quite old fashioned and I greatly respect the trade union tradition. I also respect the freedom of politicians such as Mr Ed Davey, who became a lobbyist immediately after losing his ministerial job in 2015.
(3 years, 6 months ago)
Lords ChamberI am sure that my colleagues will take note of everything said in this House; I certainly promise the noble Baroness that. I remind the House, if anyone doubts this Government’s commitment, that it was this Government who set up the first ever dedicated Office for Veterans’ Affairs, to champion veterans in every respect, at the heart of government. We have an action plan and we will have a veterans strategy refresh, drawing on all the wise advice given by your Lordships and others, but I think the Government deserve some credit for what has actually been done here.
My Lords, is not the truth of the matter that the explosion in gambling addiction is a consequence of the Labour Government’s decision to change the law which previously prevented people promoting and stimulating demand for gambling?
My noble friend puts me in a dangerous place. The Government’s answer—and it is right—is to undertake as comprehensive a review of the Gambling Act as there has ever been, and that will be pursued. My personal view, as a sports fan, is that I am sick and tired of gambling advertising being thrust down viewers’ throats.
(3 years, 10 months ago)
Lords ChamberNo, my Lords, I do not agree, and I do not believe we should accentuate divisions within our United Kingdom. We are working with the devolved Administrations to develop an approach to how we consider the UKIM Act’s market access principles. For the union to thrive, we must respect devolved Administrations and their powers—but this Government will not abdicate their responsibility for the United Kingdom as a whole.
My Lords, since 2007 health spending in England has gone up by 25% in real terms. In Scotland it has gone up by 10.8%, because the Scottish Government have not spent the Barnett consequentials of health increases on health. At the same time, they are blaming Westminster for so-called cuts in health expenditure. How is it possible to have a constructive relationship with a Government who are so dishonest and are determined to destroy the United Kingdom?
My Lords, as a proud and passionate native of Scotland, my noble friend brings pertinent facts before your Lordships’ House. I cannot answer for the actions of the Scottish Government, but I say to them—and indeed to everybody—that now is the time not to stoke divisions but to focus on what unites the people of Scotland and all of us around the rest of the United Kingdom.
(4 years, 1 month ago)
Lords ChamberMy Lords, I have already indicated to the House that the Government will study very carefully the interim findings of this report. I underline what I say every time I come to this Dispatch Box: I, and indeed the whole Government, attach the highest importance to high standards of probity in public life.
My Lords, does my noble friend share my concern about the precedent created by a former special adviser making money by selectively leaking, on a subscription website, inside information obtained while he was employed by the Government and trusted by colleagues? How can good government continue if this kind of outrageous behaviour is to be tolerated?
My Lords, I think that many will pay attention to my noble friend’s words, as ever. I will not comment on individuals but, as we set out last week, we expect all current and former advisers to act in full accordance with the Code of Conduct for Special Advisers. This includes full accordance with its ACOBA provisions. Both the Cabinet Office and ACOBA are able to offer advice to current and former employees to help fulfil these requirements.
(4 years, 8 months ago)
Lords ChamberI am afraid that I cannot follow the noble and right reverend Lord. I have answered that the Prime Minister did not consider that the Home Secretary was a bully, and the noble and right reverend Lord referred to the Prime Minister’s views on the matter. I learned in Sunday school that forgiveness is a Christian quality, and I believe that we should accept the apology and move on.
My Lords, given that four senior civil servants who gave evidence under oath to the Salmond inquiry have had to return with corrections to their testimony, is my noble friend sure that the Civil Service Code is fit for purpose? On the enforcement of the Ministerial Code, does he share my concern that, unlike the Prime Minister, Sir Alex Allan was able to reach his conclusions without interviewing the Home Secretary himself?
My Lords, as I have said, I cannot comment on the details of the investigation or on who was involved. I think that many would be surprised by my noble friend’s hypothesis. However, I can say again that the Prime Minister has reviewed the matter, including Sir Alex Allan’s report, and does not consider that the code was breached. The Prime Minister and the Cabinet Secretary have issued a letter setting out the joint responsibilities of Ministers and Permanent Secretaries. As my noble friend implies, there is a duty on both sides to work together harmoniously. I believe that we should now all get on with the job of doing good public service.
(5 years, 2 months ago)
Lords ChamberWith respect and admiration for my noble friend the Minister, I ask: as this Question is about the future of this House, why is the Leader of the House not answering it? What have the Government done to rebut the Sunday Times report that Ministers are examining whether they could retire every Member of this House who is over the age of 65 and that we are all so old that there is no prospect of us doing our job? Will the Government name the Whitehall source responsible for this false and malicious briefing? If this is not known, will they invite the Cabinet Secretary to investigate and, if the source is identified by him, ensure that they are summarily dismissed?
My Lords, there are a number of questions there which I am sure have been noted. I am sorry if my noble friend thinks it is only the second division that has come out to answer the Question, but I think the second division is adequate to put paid to a third-rate story. There is no substance in it. It is not the intention of the Government to introduce such a policy.
(5 years, 4 months ago)
Lords ChamberMy Lords, is more uncertainty not the last thing that business needs at the moment? For the Government to sound an uncertain note on our determination to leave the European Union, as has been agreed, would be a great mistake. When the noble Baroness, Lady Hayter, talks about the right Brexit, we all know that she thinks that the right Brexit is no Brexit at all.
(5 years, 5 months ago)
Lords ChamberThe noble Lord is wise and knows very well that whether people remain in office is a matter not for me or him but for the Prime Minister. In fact, this Prime Minister updated the advice around the code last August, to include greater clarity on how investigations into alleged breaches will take place. It made it very clear that if there is an allegation of a breach, the Prime Minister will consult the Cabinet Secretary. If he feels that it warrants further investigation, he may ask the Cabinet Office to investigate the facts of the case and refer the matter to the Independent Adviser on Ministers’ Interests, Sir Alex Allan.
My Lords does the Ministerial Code apply to special advisers?
(5 years, 10 months ago)
Lords ChamberI know what the noble Baroness is doing. We referred to the debate we had on the Cooper-Letwin Bill earlier this year, in which she gave an undertaking—now broken—that they would not take control of the business of this House and we would proceed as we always have by agreement between the usual channels. Not only has she done that today but she has added to it, bringing forward a guillotine procedure. That is an absolute outrage.
Having also been involved at the time, I know that this certainly is the breaking of an undertaking. Many of us agreed to facilitate the passage of Cooper-Boles on the basis that this would not happen again in your Lordships’ House. There will be a lot of debating and a fundamental amendment will come forward from the Cross Benches about the very principle of the guillotine, which we can discuss. However, as I take it, the purpose of a Committee discussion—which perhaps could be confined to a short part of this—is that the person who is proposing unprecedented action in this House, the Leader of the Opposition, should be required to answer for that in the same way a Minister of the Crown is required to answer to the House. I put this to my noble friend as just one example, and I will have others later: did he hear the noble Baroness say that every Bill from the Commons should be dealt with? Does that mean immediately? How are we going to find out these things unless my noble friend’s Motion is passed and we have a proper Committee discussion and interrogation?
My noble friend makes a really important point. We need to remember that we are dealing with private Members’ legislation because the procedures in the other place have been subverted and its Standing Orders undermined. The proposition here is that private business, which may or may not come to this House, should be dealt with using a guillotine procedure. These are revolutionary changes being proposed by the noble Baroness. As my noble friend says, she really ought to account to this place, if we are in Committee, for many of the issues which will arise.
I return to my point about the other place sending us vast quantities of legislation that has not been properly scrutinised and the establishment of a precedent that we can have a guillotine procedure in this House, which will be used by Governments of all parties. There were no guillotines, other than in exceptional circumstances and subject to exceptional rules, until Tony Blair became Prime Minister in 1997, and now everything in the other place is guillotined and not properly considered. All of us in this House know in our heart of hearts how damaging that has been to the good conduct of government and the provision of legislation.
Does my noble friend not think that for the Liberal Chief Whip to call a closure after only one speech had been made is one of the most disgraceful acts we have seen in this House?
My Lords, I was coming to the Liberal Democrat Chief Whip. As the Liberal Democrats know, I am one of their greatest fans in the world, but my noble friend has of course made the point: the Liberal Democrat—democrat—Chief Whip, from a sedentary position, without even the courtesy to stand up to address the House—
Why does my noble friend think that, when a closure is moved, our procedures require the Chair to remind people that this should be an exceptional procedure and invite the person concerned to revise their view? Why does he think that procedure is there, and what does he think about what has happened so far today?
I do not want to be disobliging to my noble friend, whom I admire very much, but I say again what I said to the noble Lord opposite. I have been trying to make that point, and I am grateful to him for reinforcing it. It is the fundamental issue which I believe noble Lords should be allowed to wrestle with. Do we want to be the sort of House that we have just been, where we have voted by that large number—288 Peers—to close down, at the behest of a Peer, without any debate? I would like to have heard other Members from the Cross Benches responding to and commenting, from the viewpoint of their experience, on the noble Baroness’s speech. As I said at the start, I would like to have heard my noble friends Lord Naseby and Lord Cormack, who wished to speak.
I have tried to explain to the noble Lord opposite that my amendment addresses the same issue. Sometimes in life you get a second chance. This amendment offers the House a second chance to address and hear a little about why this great principle of freedom of debate should be cast aside, but on a more limited scale. I do not ask, as the noble Baroness, Lady Deech, did in her powerful speech, that the House should reject the principle of a guillotine. I put before your Lordships a proposition relating to any Bill that has been allowed only one day’s consideration in the House of Commons —we have not got this Bill yet, so it may be this Bill, but it could be any Bill—and we are discussing the principle here. This is an issue of principle about the guillotine. Surely any Bill that has been allowed only one day’s consideration in the House of Commons should receive full and unfettered consideration in your Lordship’s House.
I come back to the central point: what is this Chamber for if not to revise, consider, scrutinise and debate? I submit that there should not be curtailment of consideration on a Bill which is not an emergency Bill. There should not be a guillotine imposed in both Houses on legislation of this sort.
Here is a reversal of roles. I spent about 13 years—I hesitate to say it—drafting the odd amendment for the noble Lord, Lord Strathclyde. Here is the noble Lord, Lord Strathclyde, suggesting there might be a flaw. I was really seeking a prop to inquire how the Opposition see all these legal actions—I believe some of them are not too far away—impacting on these proceedings and whether they think it is prudent to put the House of Lords through all this before awaiting an outcome of what is before the courts.
I am uniquely disadvantaged as well, because I am not a lawyer, but I always understood that the courts did not get involved in proceedings in Parliament. That would seem to be what has happened in Scotland today: the matter before them was considered to be not judiciable.
We ought to pay tribute to Gina Miller. Had it not been for her, we would not have been forced to ensure that Parliament passed the requirement for us to leave the European Union by a huge majority.
(6 years, 3 months ago)
Lords ChamberFollowing the point made by the noble and learned Lord, Lord Hope, I say that it is perfectly true that the Cross Benches do not take a collective view. It is also true that the two previous closure Motions were moved by Cross-Benchers and quite a large number of them voted for them.
On these things, people have to stand up and be counted. I reflect that having made my speech last week against a strong Whip from my party saying that we should obey Standing Orders, I did not regret it and I asked myself whether I should intervene in this debate—I have intervened only on the Standing Order and the procedural point—and do it again. I felt that I must because not only is the pace so extraordinary but it is so odd that 227 Members of the House of Lords— your Lordships’ House, the revising Chamber—voted to close off, after a few minutes, discussion of whether your Lordships should allow yourselves more than one day to discuss a Bill of such importance and such significance. I think that was a sad reflection on our love of our procedures which I confess are part of our freedom. Our freedoms were won by Parliament. They are held by Parliament and we in this place have a part in that, irrespective of where we stand on the debates on Europe. One thing I agree with my noble friend Lady Evans on is that we have heard a lot, but surely on this business of how we conduct ourselves we can rise above the debates that we are having later and consider whether this House wishes to embark down this road. I submit that when I suggested to my noble friend on the Front Bench last week that the Government should listen and adhere to Standing Orders, they did listen. They adjourned the House and we had the debate the next day. I now submit to the noble Baroness that she should show the same grace and that she should accept the proposition that we hear one stage today and have time to reflect on the later stages of the Bill on another day. That is not an unreasonable provision. I put that submission in conclusion to the noble Baroness.
(7 years, 4 months ago)
Lords ChamberMy Lords, perhaps I could briefly intervene and declare an interest as not being a hereditary Peer. I doubt that I would ever catch the eye of the selectors, even if there were such a provision.
The noble Lord, Lord Blunkett, referred to the late Ivor Richard. Having been present at those times, I add my appreciation to the great service that Lord Richard did to his country, his party and this House. It was an honour to deal with him, albeit briefly. The misunderstanding in what the noble Lord, Lord Blunkett, said was that the late noble Lord did not support an all-appointed House, which this Bill would produce. I heard many times in those days and since that Lord Richard supported the principle of a two-thirds elected House—believing that the public should be entitled to elect their politicians to both Chambers of this Parliament—and a one-third appointed House. That was his provision, and he was summarily dismissed in 1998 and further and different arrangements were made. My view on the future of this House, to follow on from the noble Earl who spoke, is rather akin to that of the late Lord Richard. I do not see in the longer term why the public should not elect the politicians to both Chambers of this House.
Apart from the point of honour, which is a personal point, and which, having been involved, I do hold, I accept that that will not count for other Peers, and I respect that and do not expect to bind them to that—but that is something that moves me in this respect, as well as my feeling that it is an objective fact and truth, however much we may protest otherwise, that the longer-term effect of this Bill would be to create an all-appointed House by stealth, bit by bit and stage by stage. That is the inevitable result of your Lordships agreeing to this legislation and, if it went down there, the other place agreeing to it.
I personally believe that such a proposition of the creation of an all-appointed Chamber permanently as part of our legislature in the 21st century should be brought before Parliament in a serious and major Bill by a Government in future. Yes, if the Labour Party or the Liberal Democrats or even our party succeeds in winning an election, and it is our view that we wish to present a Bill for the abolition of the hereditary peerage and creation of an all-appointed Chamber, that is the proper way in which to proceed in a democracy: to secure a mandate from the public before the election for such a great proposition, and to go forward. In my submission, we should not, in a hole-in-the-wall piece of legislation, move bit by bit towards that end. I detect a certain eagerness, exemplified on the Benches on my side, to push this Bill forward. It has not escaped my notice that some of the most eager are those who wish to create an all-appointed House in the longer term.
I have sympathy with those hereditary Peers who have spoken. I do not believe that we should start challenging the right by which one sits here. As has been said, that would be a difficult and uncomfortable place for some of us to go to. While we are all here, we are all equal. We are all Peers and should be allowed to be heard. I would not follow my noble friend Lord Hamilton entirely, but having sat through many hours on the European Union (Withdrawal) Bill, the minority sometimes feels it has to hear a lot from the majority. I do not particularly care for majorities ganging up on minorities. I support Amendment 59, and if it is pressed I will vote for it.
I will make some other brief points. As my noble friend Lord Caithness said, the argument about gender within the peerage is strong and valid, but that matter needs to be addressed by wider legislation on the peerage. If the noble Baroness wishes to attempt that, she can bring legislation forward.
So far as binding the Parliament’s successor is concerned, the original deal had two parts. The first was that, until the end of that Parliament, hereditary Peers who departed—the proper English word is died—would be replaced by ones on the list of those who had been put forward at the election. It was not conceived at the time that this arrangement would continue, but provision was made by Parliament for it to continue in successive Parliaments. That is the process we have now, which came into effect after the 2001 election. So provision was made specifically for this to last until such time as your Lordships’ House is finally reformed.
The noble Lord, Lord Steel, who is no longer in his place, referred to his Bill. A serious mistake was made in that Bill—which I did not support—requiring that a hereditary Peer who retires should be replaced. Under the original arrangements, when there was no retirement system, a hereditary Peer who took leave of absence would not be replaced. In the Bill introduced by the noble Lord, Lord Steel, it was your Lordships, in your wisdom, who made the deliberate decision to extend to retired Peers the privilege of being replaced.
The noble Lord, Lord Steel, included that provision in order to avoid the kind of exercise we are seeing from some hereditaries today.
I do not know about that but, having heard what other hereditary Members of the House have said today, I doubt that would have been the case. At the time, I thought it was a very odd decision, but there it is. That is why retirement is there, and if an amendment comes forward to remove it I will support it, irrespective of the wider provisions.
The proportion of hereditary Peers is now lower now than it was in 1999, when there were 666 of us. I do not believe that that is a conclusive argument either way: I simply note the fact. I found unattractive the appeal to self-interest of my noble friend Lord Cormack, who said: “You will not be affected, so do not worry, you can come along with us”. That exemplified the eagerness to beguile noble Lords into accepting a long-term result. No one in this House, including my noble friend, should feel they have to act upon self-interest, even if that were the case.
(13 years, 3 months ago)
Lords ChamberMy Lords, it is a privilege to follow the noble Lord, who adorns this House, and will continue to adorn the House even if the composition of the political Benches in the House is decided by the people rather than by patronage.
Many would say it is unenviable to be the 73rd speaker to address your Lordships in the last debate of a 293-day session, but I can conceive no more enviable privilege than to be able to address your Lordships’ House. However, I suspect I may have caught the selector’s eye this morning, since I do not share the certainty of many who have spoken in this debate that election of Peers to this House is unthinkable. Given the reaction of Peers to speeches yesterday and the witty speech of my noble friend Lord Forsyth this morning, perhaps as last man in I should have prayed for rain and stayed in the pavilion.
I would like to consider one of the refrains running through this debate—the primacy of the Commons. I suggest that we fret over that too much. Yes, the Commons has primacy, but the question is how well it uses it. I agree with the noble Lord, Norton of Louth, that we need to begin from the functioning of Parliament as a whole. Frankly, you would not begin constructing a strong and free Parliament by putting it under the primacy of one House shackled by executive-dominated procedures and telling the other House, however constituted, that it must not say boo to that over-mighty place.
The main case for introducing election to this place is—as the noble Lord, Lord Pannick, said the other day—that it would enable this House to hold by what it believes to be right, rather than knuckling under whenever the other House shouts “unelected”, “primacy”, “privilege” or what have you. Parliament is a trinity of the Crown, Lords and Commons, and in modern times one part of that trinity has, because it is elected, usurped effective power within it. It was not always so, and need not always be so. Indeed, for many centuries your Lordships were the dominant House, though after the 1670s generally accepting Commons privilege in finance. That did not stop your Lordships occasionally rejecting money Bills—for example in 1860, when you rejected paper duties as a tax on knowledge, then being circumvented by Mr Gladstone’s invention of what has become the modern curse of a multi-decker Finance Bill, which your Lordships could not touch, and still cannot, without bringing the whole House down, as happened in 1911. One consequence of an elected House—and the other place has to realise this, just as much as us—could be that if the Parliament Act is to be amended, as some propose, we might look again at the way that money Bills are defined and consider the Joint Committee of both Houses, which was offered by Mr Asquith and Lloyd George to the unionists in 1910, but was not ultimately accepted.
Our acceptance of Commons primacy on finance was rooted in the fact that, even then, the Commons was elected but it was mirrored, after the great privilege battles which raged between the two Houses back in the 1670s, by Commons acceptance of this House’s primacy in justice. Here, at that Bar and in the Benches before it, was embodied the supreme court in the High Court of Parliament and almost all of us will recall the noble and learned Lords who came here, or will have heard of the mighty Lord Chancellors who sat there in olden times, centuries ago. That was the historic, if largely unspoken, deal about primacy between the two Houses: primacy of the Commons on finance, primacy of your Lordships in justice.
I did not hear the other place troubling too much about your Lordships’ primacy on justice when they drove through the expulsion of the Law Lords and dismembered the Lord Chancellorship in the past few years. For my own part, if we are invited to embark on a reform which involves election I do not feel that your Lordships, if elected, need be too squeamish about the other side of the bargain, the Commons primacy on finance, and still less other, all-embracing claims to primacy that have quite recently been laid upon it on the basis that it is elected and we are not. When Parliament is functioning so badly in its prime role of checking the Executive and protecting the citizen against bad counsel—as they used to be called right back to the 13th century—and unjust and incompetent law, why must we always meekly be expected to say: “Oh, but the Commons has primacy and must not be challenged”?
As was said by the noble Lord, Lord Pannick, the case for election is that challenge might become more confident in that case and stimulate another place to do its job better. A stronger House here, armed with the authority that comes from election, could deliver that refreshing and, to my mind, necessary challenge to an imperfectly functioning sister House. Yes, there would be a need for resolution procedures, as the noble Lord said, but in the history of these Houses, when they were roughly co-equal in power, there were perfectly good systems for addressing those problems and others could be devised.
Can my noble friend help me and perhaps explain how it would be that if we had this elected second Chamber, it would not suffer from the same problems of the other place in the domination of the Whips and the power of the Executive, given that it was elected? How would we avoid that?
My Lords, it is avoided precisely by the concept of the long mandate, which is non-renewable and with no right to go on to the House of Commons. That means that someone coming here would not be able to develop a political career and go forward to be a senior Minister of the Crown.