House of Lords Reform

Lord Foulkes of Cumnock Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, it has been a very revealing debate. The speeches by the noble Lord, Lord True, and particularly by the noble Lord, Lord Forsyth, remind me that the Tories fight like tigers to protect their privileges. My noble friend the Leader of the House rightly said in her excellent speech when she started the debate that we are talking principally about the purpose of the second Chamber and not the composition—although, following the seventh Lord Cromwell and the fourth Viscount Astor, it is tempting for me to go into the composition.

We are talking about the purpose, and the purpose is as the second Chamber of a legislature, and we do not have any legitimacy. Some countries are unicameral and have only one Chamber, but having seen the experience in Scotland, where some of the legislation is really awful, I think a second Chamber is important. That second Chamber, however, must have democratic legitimacy, and this one does not—manifestly so.

We need to find some way of achieving that democratic legitimacy. The Liberal Democrats, as we heard earlier, are in favour of direct elections. I agree with those who have criticised that—the noble Lord, Lord Kerr, and others—and who have said that it would result in some kind of confrontation between the two Houses, with the primacy of the Commons no longer guaranteed. In fact, if this Chamber was elected by proportional representation, it might challenge that primacy by claiming greater legitimacy. So I am against direct elections.

I am in favour of a senate of the nations and regions. I like the French system, where the members of the Senate are elected by grands électeurs in every region of France. But there are others—some noble Lords mentioned the Bundesrat—and we should look at other senates and second Chambers around the world and take some examples.

Meanwhile, we have to proceed bit by bit. The most egregious example of why we are unrepresentative is the hereditary Peers, some of them the descendants of robber barons and people who killed and worse—is there any worse?—to get the titles they got from the kings.

Some noble Lords have suggested that we should get rid of the Bishops—I see they have gone already. I agree. They represent just one religion in one part of the United Kingdom and that is indefensible, but that should be dealt with separately. The Bill, when we get to it, deals with the worst part of the way in which we are unrepresentative.

I agree with some other noble Lords that there is a difference—a confusion—in the concept of a peerage. Some people think of it just as an honour and we end up with people like the noble Lord, Lord Botham, who never turn up and are in Australia all the time making money from foot massages and things like that. They are not here. As other noble Lords have said, we need to separate the idea of the honour—one above a knighthood—and the working Peer. We should be working Peers. I have said privately, and I have said it before to my noble friend, that this is something we might be able to do without legislation—by a decision of this House or an agreement of the monarchy. I hope we will look into that.

Finally, if noble Lords look back at this debate so far in Hansard, they will find that the best speeches—the ones that are to be paid more attention to—are those made by the noble Lord, Lord Jay, which was a brilliant speech, and the noble Lord, Lord Kerr, although he did go over his time. That is something I am not going to do, because the one thing I have learned in my time here is to keep on the right side of your own Whips.

--- Later in debate ---

[Baroness Smith of Basildon (Lab)]

It is good to have some encouragement from the noble Lord; it is not always forthcoming.

This comes back to the point the noble Lord, Lord Kerr, made about whether there could be two kinds of title. There are difficulties with that, but I think it is something noble Lords might want to consider. In the manifesto we deliberately were not exact or precise about that. We thought it was something to be discussed by the House and for the House to come forward with something on that. It is about striking the right balance.

I think most noble Lords have spoken in support of the Bill that is going through the House of Commons but have made a number of other comments. Some want us to go further, some sense that it is a first step in the current programme and some are not comfortable with it.

The issue of some Conservative hereditary Peers becoming life Peers was raised. The noble Lord, Lord Northbrook, raised the Earl Marshal and the Lord Great Chamberlain. He is absolutely right; we have to ensure they can properly fulfil all their duties. I have already raised this with the Lord Speaker to ensure that that can happen. We will do nothing that makes it difficult for them to fulfil their responsibilities and constitutional roles. He does not have to table an amendment: we will ensure that happens. I can give him a guarantee already on that one. They will continue to exercise their functions.

The noble Viscount, Lord Astor—who has explained to me why he is unable to be with us for the wind-ups today—the noble Earl, Lord Devon, and the noble Lord, Lord Hampton, raised female succession to hereditary titles. The noble Earl and I have been in correspondence on this. I am sympathetic to his points. It is more complex than I had anticipated. I have made some initial inquiries in this area, and part of the problem is that the original writs of summons—his is much older than anybody else’s—specify that it is through the male line. There are all kinds of issues, including adoption and the expectations of existing heirs. As I say, I am looking into the matter, as he raised it with me, because I know he is interested in it.

The noble Lord, Lord Hampton, said that the removal of the hereditary Peers in that Bill was to clean up politics—that is absolutely not the case. Those are two very different issues, and no one is casting aspersions on individual hereditary Peers.

HOLAC was mentioned by the noble Lords, Lord Rennard and Lord Cromwell. They are absolutely right that there are issues with how HOLAC operates. I am not content to leave this entirely to HOLAC; the political parties have to take responsibility for their appointments and the checks that they are supposed to do. There may be something about HOLAC asking for assurances that those checks have been done. There are discussions to be had on that. HOLAC has an important role for the Cross Benches, which have not always had the appointments that they should have in that regard—even though they are currently larger than the Labour group in this place. The point about the quality of new appointments was well made, but political parties have to take some responsibility for that as well, or face the consequences.

The noble Lord, Lord Birt, mentioned diversity and the composition of the House. He and I have discussed this. If we are diverse as a House, the public can look to the House and see that it better represents the country. I do not know where the noble Lord got the idea of a senate of nations and regions. Our longer-term plans say that:

“Labour is committed to replacing the House of Lords with an alternative second chamber that is more representative of the regions and nations”.


In the meantime, we seek to improve the national and regional balance of the second Chamber. That is a worthy objective and one that we should take seriously. We will take it forward.

A number of noble Lords, including the noble and learned Lord, Lord Keen, asked why we should not bring in a new age limit for the House of Lords now. On the manifesto commitment about Members retiring at the end of the Parliament in which they reach 80, I have to thank my noble friend Lord Foulkes for that suggestion in the first place. He and other noble Lords from the Labour group put that forward.

[Lord Foulkes of Cumnock (Lab Co-op)]

I was younger then.

[Baroness Smith of Basildon (Lab)]

He may have been younger but he certainly was not more foolish.

I take on board the comments of the noble Earl, Lord Kinnoull, in particular about the cliff edge, and I am happy to discuss that with him further. We want to ensure that, when new Peers come in, they have the opportunity and the time to gain the expertise that others did, so that they can take on those roles as well.

On appointing Peers over 80, there is nothing to say that somebody over 80 cannot play a full part in the role of the House—that is not the issue. It is about ensuring that we reduce the size of the House and that a mix of Members can come in. That is the kind of implementation issue that we will discuss with noble Lords. Some noble Lords clearly were not listening to my opening speech if they thought I did not mention that.

The noble Duke, the Duke of Wellington, mentioned party-political donations and said that some may have bought peerages. This is a serious issue. There is a difference between somebody who makes donations and somebody who is a donor, if that makes sense. Lots of people in political parties make small contributions through their membership, but it would be of concern if somebody were appointed only because they were a significant donor, rather than because they had made a wider contribution to society or because of the contribution they would make in this House. I take the noble Duke’s point on that.

On the point from the noble Lord, Lord Sandhurst, by-elections have not been ended—they have only been suspended for the passage of the legislation. I would have loved them to be ended; we tried many times, but the then Government would not support that.

The noble Earl, Lord Attlee, is right that he and I have always had a good relationship. It is not just because he reminds me so much of his grandfather, but that is not a bad reason to hold him in high esteem as well.

On a final point, a number of comments and criticisms were made of Members in the other place. The amount of time spent on legislation in the other place has gone down, and I regret that, but I urge noble Lords to think about the pressures on Members of Parliament who are elected, the work that they do and the range of their responsibilities. We have one job in your Lordships’ House: to scrutinise and revise legislation. They have a multifaceted job, and I feel uncomfortable when there are criticisms of them that I feel are unjustified.

I am out of time and do not want to detain the House, but a number of Members raised points about looking for a consensual way forward. The hereditary Peers Bill will make its way here, and I hope we have fruitful discussions on it—but going forward beyond that, I am very happy to have further discussions with noble Lords on the kinds of issues that we have raised tonight. It has been a really helpful and mostly thoughtful and respectful debate, although there were a couple of comments that were not. This is one of those instances when we have largely seen this House working at its best. I assure the House that we will put our best foot forward in shaping the reform agenda for this Parliament, and I look forward to hearing more from noble Lords on the issues that have been raised this evening.

Command Paper Safeguarding the Union

Lord Foulkes of Cumnock Excerpts

Wednesday 6th November 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I apologise if I was not clear in my Answer to the noble Lord, Lord Lexden, but I thought that I was. As was also said in her Written Answer, as I understand it, in practice its contents are primarily an agreement in principle that has now been superseded by the more detailed arrangements of the Windsor Framework and the wider withdrawal agreement.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, is the noble Baroness aware that, just as the Kremlin interfered in the referendum on Brexit, because it is in its interest to see the break-up of the European Union, it is now undermining the United Kingdom in a number of ways, including through social media, particularly in supporting certain parties in Ireland and in the rest of the United Kingdom? Will she discuss with colleagues having increased activity by our intelligence services and others to try to make sure that this is stopped immediately?

[Baroness Smith of Basildon (Lab)]

My Lords, if there is any malign influence in the elections in this country or its politics from a hostile state, or any other country that seeks to undermine our democracy, we will of course do whatever is necessary to protect our democracy, which we regard as having the utmost integrity.

Scotland

Lord Foulkes of Cumnock Excerpts

Monday 4th November 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, that question goes a little wider than anticipated, but I admire the noble Lord’s ingenuity. The important thing for young people and older people across the UK is to know that they have a Government who work with the devolved Governments in their best interests. That is what has been lacking for some time.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, can the Leader of the House confirm that this is the best settlement in real terms since the Scottish Parliament was set up, and yet the services in education, health and other devolved areas are deteriorating in Scotland? Will the Government do everything possible to stop the Scottish Government spending money on vanity projects, such as “Air Miles” Angus—their pretend Foreign Secretary—travelling the equivalent of three times around the world already? Can they make sure that every penny the Scottish Government get is spent on devolved areas?

[Baroness Smith of Basildon (Lab)]

I think my noble friend hits the nub of the issue. Yes, he is right, and I am happy to agree with him: it is the largest real-terms Budget settlement for the Scottish Government in the history of devolution. It is £1.5 billion in this financial year and will be £3.4 billion in the next. The point he made is that how that money is spent is really important. We have seen poorer outcomes in Scotland for people in the National Health Service, with longer waiting lists, and educational standards have not increased as they should. This is where that money should be focused—to deliver real benefits for the people of Scotland.

House of Lords: Composition

Lord Foulkes of Cumnock Excerpts

Thursday 5th September 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

I have had no approaches from the party opposite about its numbers. On the noble Lord’s point about wider Lords reform, for the last 25 years one of the arguments has been that nothing should be done until everything can be done—but no one agrees on what “everything” is. A piecemeal approach is by far the better way. The party opposite complains about Lords reform, but in the years that it was in government the only proposal it came forward with was to move the House of Lords to York.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, could the Leader of the House advise me whether this was included in the Labour Party manifesto, what the result of the general election was and what majority was achieved by the Labour Party? On a more serious note, can she confirm that, if any hereditary Peers were thought fit to be appointed as life Peers, that could be done?

[Baroness Smith of Basildon (Lab)]

This was part of the Labour Party manifesto at the last election. Noble Lords may recall that the passage of my noble friend Lord Grocott’s Bill to end the hereditary Peers by-elections was blocked. Perhaps 10, 15 or 20 years ago that might have been a better way forward, but that opportunity has now passed. The election result was quite clear. I can confirm that, if Members leave this House as hereditary Peers, there is no block at all to them coming back as life Peers if their party wishes to introduce them.

Civil Service: Recruitment

Lord Foulkes of Cumnock Excerpts

Wednesday 4th September 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I welcome the noble Baroness’s commitment to this issue—however recent it may be. Perhaps I can tell her that around 80,000 people were hired through open competitions and around 9,000 were hired through the different exception routes. She should look at this, because there is a very different role for special advisers and civil servants and there are criteria by which, if people are appointed to the Civil Service, they have to be agreed by the department following certain criteria and they need to abide by the Civil Service Code. I am sure she is aware of that. The same process is undertaken now as it was under previous Administrations.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, has the Leader of the House noticed that the inquiry announced by the First Civil Service Commissioner goes back only to 1 July, so does not cover any of the really dodgy appointments made by the previous Government? Does this not throw doubt on the impartiality of the First Civil Service Commissioner, who herself has received great largesse from the Tory Government—no doubt due to her leadership of the Brexit campaign?

[Baroness Smith of Basildon (Lab)]

My Lords, I am confident that the rules in place mean that no Government have made dodgy appointments to the Civil Service—because the rules are very clear on this. On the first part of my noble friend’s question—why the current review is being carried out only from 1 July—apparently there is a regular, ongoing, routine investigation and audit by the commission, but this is exceptional and in addition to that. Apparently, the commissioner wrote to heads of department to say that it was in view of the “recent interest in appointments by exception”—but all appointments are part of a regular audit process.

House of Lords: Nominations for Appointment

Lord Foulkes of Cumnock Excerpts

Tuesday 30th July 2024 Lords Chamber

Asked by

[Lord Foulkes of Cumnock]

To ask His Majesty’s Government what plans they have to review the arrangements for nominations for appointment to the House of Lords.

[The Lord Privy Seal (Baroness Smith of Basildon) (Lab)]

My Lords, the Government are committed to improving the appointments process. There are two key areas here: one is to ensure that those who are appointed to your Lordships’ House are committed to the work of this House and are willing and able to play their part; and, secondly, we need to look at the national and regional balance of your Lordships’ House. We are actively reconsidering how best this might be achieved, and I would be grateful for the views of colleagues. The Government are grateful for the work of HOLAC in vetting life peerage nominations and in nominating Cross-Benchers, and we look forward to working with the commission.

--- Later in debate ---

[Lord Foulkes of Cumnock (Lab Co-op)]

I thank the Leader for her helpful reply. There seems to be general agreement that the House is too large. Does she agree that one of the problems is two different perceptions of what a peerage is? Some see it as merely an honour—one above a knighthood—and therefore do not expect to have to attend this House; others of us see it as a job to be done, an appointment to the second Chamber of the legislature, and therefore we should attend regularly and vote. Is there some way of separating or disentangling these? Working Peers should be the only ones who are able to attend, to vote and to participate in the work of this House.

[Baroness Smith of Basildon (Lab)]

My Lords, we have heard from the response from across the House how seriously those who are here in your Lordships’ House take their responsibilities. It is an honour to be appointed a Peer, and that brings with it responsibilities to the work that we do. I listened to the noble Lord’s comments on the King’s Speech about this, and I will look at and consider the issue. The House is large, and I think we have to ensure that we focus on the active contributions. Going forward, we will look at colleagues’ participation and the range of participation that Members are involved in—from voting in the Lobbies to taking part in committees to engaging in debates. I will take his views away and will take soundings from other colleagues across the House.

Government Standards

Lord Foulkes of Cumnock Excerpts

Thursday 25th July 2024 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I say to the noble Lord that I will do my utmost on that. He and I have discussed this before, and all Ministers are aware that their priority is to your Lordships’ House, reporting back to it and answering questions in a way that is concise but also gives the information that is required. If there are problems as we get going then we will look into those, but we will do our utmost to always respond in good time to every Member of your Lordships’ House.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, there is a terrible temptation to go through all the indiscretions of the Ministers of the last Government, but Boris Johnson’s alone would take up the whole of this Question Time so I shall deal with the allocations to the Covid VIP lane. We have at last agreed to set up a Covid corruption commissioner, and I hope he or she will look into this matter as quickly as possible. Can the Leader of the House give us an indication as to when the commissioner will be appointed? It should be as quickly as possible.

[Baroness Smith of Basildon (Lab)]

Having just promised to give full answers, I do not have a full answer for my noble friend. I will look into that and come back to it, but we want to get moving on issues like this as quickly as possible. In his first speech in Downing Street, the Prime Minister said we have to prove to people that we will do things differently and do things well. It is not about saying something but about how we act—and how we act in getting to the bottom of some of the issues that have caused enormous concern is very important. I assure him we will do that as quickly as possible.

Victims and Prisoners Bill

Lord Foulkes of Cumnock Excerpts

Committee stage
Monday 5th February 2024 Lords Chamber

Moved by

[Lord Foulkes of Cumnock]

67B: Clause 15, page 12, line 12, at end insert—
“(c) older people’s independent domestic violence advisors;(d) older people’s independent sexual violence advisors.”

[Lord Foulkes of Cumnock (Lab Co-op)]

I must declare an interest, not because of my own age but because I used to work for Age Concern Scotland and am now proud to be a patron of the Hourglass Safer Ageing organisation, along with the noble Baronesses, Lady Gale, and Lady Ritchie, who both support this amendment. The amendment would ensure that police and crime commissioners included specialist

“older people’s independent domestic violence advisors”

and

“older people’s independent sexual violence advisors”

in their work.

There are currently PCC contracts for such OPIDVAs in Thames Valley, Sussex, Kent, and in five boroughs in London—Greenwich, Southwark, Bexley, Lambeth and Lewisham. There are similar domestic abuse support workers who specialise in supporting older victims in Sussex, Surrey, and Cambridgeshire and Peterborough, and another commissioner in Wokingham Borough Council. They are doing a good job, but clearly there are many parts of the country that do not have them, and I am suggesting that we should encourage them.

In areas where local PCCs have commissioned generic adviser services, their casework is often referred to the Hourglass Safer Ageing charity, which is a UK-wide charity supporting older victims, survivors of abuse and survivors of neglect, to provide the specialisms as a backbone service. Hourglass receives no additional funding or support to deliver what is, in many instances, very complex casework.

The challenges that older victim-survivors present include digital exclusion, dementia and increased vulnerability due to disability. As a result, generic domestic abuse services are often not appropriate for older victim-survivors. Older people often do not want to take up the time of other abuse services, which they deem to be for younger women escaping domestic violence, while the abuse of older people is just as harrowing as the victims often do not see themselves in that way. Sadly, the perpetrator is often a close family member—for example, where the abuse has been committed by the victim’s child or grandchild. As a result, victims are reluctant to report it or feel that it is a reflection on them as a parent or a grandparent if they do so. That abuse can be financial, as well as physical and in other forms.

When PCCs were given funding to commission IDVA and ISVA services in 2022, the Government said that specialist children’s services should be provided by each PCC, but older people also require specialist support when they experience abuse or neglect. PCCs should be required to make this support available. The Bill provides us with the opportunity for the Government to ensure that this happens.

The Minister, Edward Argar, has said that the Government will issue guidance to PCCs on tailoring support to meet victims’ needs. He also said that the duty to collaborate will require PCCs to work together to ensure that services support people with protected characteristics, including older people, so that they have the support they need. While this is encouraging, it falls short of ensuring that specialist support for older people will be available in every PCC area. I hope the Minister will take note of these amendments, consider them carefully and see what can be done to make that commitment stronger.

In 2018, Hourglass received 4,000 calls to its helpline, but this year it expects to receive more than 50,000 contacts from the ageing population, and the number of cases will increase rapidly. We need to ensure that there is specialist support and advocacy for older people everywhere. It is something that families are often reluctant to talk about and older people are reluctant to reveal, but it can cause great hardship and misery and ought to be dealt with by specialism. I hope consideration will be given to this amendment. I beg to move.

--- Later in debate ---

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I particularly thank the noble Baroness, Lady Brinton, and my noble friend Lady Thornton for their kind, sympathetic words. I appreciate them and I know that Hourglass will too.

The Minister has been very helpful, saying that older people will be considered as a group and their special needs will be considered in the following discussions. That was a very helpful response and in light of it, I beg leave to withdraw my amendment.

Amendment 67B withdrawn.

Business of the House

Lord Foulkes of Cumnock Excerpts

Wednesday 6th December 2023 Lords Chamber

[The Lord Privy Seal (Lord True) (Con)]

My Lords, although this is a formal Motion, I think that it would be helpful to the House for me to outline the arrangements for the National Insurance Contributions (Reduction in Rates) Bill, which will be taken on 12 December as agreed by the usual channels.

The Bill has been introduced and noble Lords can now sign up for Second Reading in the usual way. Noble Lords can also table amendments for Committee ahead of Second Reading and should do so by contacting the Public Bill Office, again in the usual way. The deadline for amendments will be one hour after the conclusion of Second Reading on Tuesday.

If amendments have been tabled, once all the necessary documents are ready, the House will move into Committee and amendments will be debated and decided in the normal way. If no amendments are tabled, I would expect all further stages to be taken formally. If it is necessary to have further stages, the Deputy Chief Whip will update the House on Tuesday as to the arrangements. I am particularly grateful to the usual channels for their practical and constructive approach to this Bill.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, there appears to be a mistake in the title of the Bill. Should it not be entitled, “Preparation for a General Election Bill”?

[Noble Lords]

Oh!

Business of the House

Lord Foulkes of Cumnock Excerpts

Tuesday 5th September 2023 Lords Chamber

[The Lord Privy Seal]

That Standing Order 38(1) (Arrangement of the Order Paper) be dispensed with on Wednesday 6 September and Wednesday 13 September to enable Report stage of the Levelling-up and Regeneration Bill to begin before oral questions on those days.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, I cannot let this go through without some explanation. I have raised this every time the business is changed. Havoc arises, Select Committees have to be changed, people have to cancel engagements already made and there is no explanation except that the Government’s legislative programme is in total disarray. Is it not about time that the Leader of the House and his retinue got the legislative programme properly organised? When I raised it before, the Leader of the House said, “Well, this is unlikely to happen again. We will try to organise things better”, but he has not. What has gone wrong? Why are we having this chaos now?

[The Lord Privy Seal (Lord True) (Con)]

My Lords, I would not consider it to be chaos. In fact, I thank the usual channels, who have agreed to sit early to maximise scrutiny time on the levelling-up Bill. The aim is to conclude Report without recourse to a late sitting, which I think many of your Lordships find a great inconvenience.

[Lord True (Con)]

My Lords, obviously, that is a matter for the House as a whole, and this probably is not an appropriate occasion to launch a major debate on it. Obviously, we sit earlier on a Thursday. As noble Lords will know, the tradition and reality of this House is that many noble Lords have other activities to undertake—

[Lord Foulkes of Cumnock (Lab Co-op)]

Oh!

[Lord True (Con)]

The noble Lord scoffs, but that is a reality, and this House benefits from the experience that noble Lords have in other walks of life. However, I would always be open to consider and discuss this in the usual channels and elsewhere.