Business of the House

Lord Foulkes of Cumnock Excerpts

Thursday 14th March 2013 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, on behalf of my noble friend, I beg to move the Motion standing in his name on the Order Paper.

[Lord Foulkes of Cumnock]

My Lords, I hope that the House will not approve this Motion. Standing Orders are there for a purpose. At the very least, the Leader of the House, or in this case the Chief Whip, should give us reasons for dispensing with this Standing Order. In my view there is plenty of time for this Motion to be discussed and for the proper procedures to be followed, or there would have been had the Government not extended the Easter Recess at short notice and without any prior consultation. This is causing great problems for Members, for the House and for Committees of this House.

Moreover, there is a constitutional problem, because the Commons will be sitting when we are having the third week of our Easter Recess. This is creating problems with Joint Committees that have already evidenced themselves and with the Commonwealth Parliamentary Association, whose executive were due to meet all-party groups that week. Statements will be made in the other place and will not be able to be repeated here, and we will not be able to take part in debating them.

This will create administrative problems. Already a number of banqueting events have had to be cancelled as a result of this decision. There are legislative problems. A whole raft of Private Members’ Bills is waiting to be discussed, yet we are being sent away for an extra week during the Easter Recess. There are five reports from Select Committees on the Order Paper. There is a long list of Members seeking debates on a wide range of subjects, and Select Committees have deadlines for submitting reports. These are just a few of the problems caused by the unilateral and precipitate decision to extend the Easter Recess.

I mean no disrespect to the noble Baroness, for whom I have great respect, but I am slightly disappointed and surprised that the Leader of the House is not here to explain why we have to take the stages of the Bill together on one day. We could have done it, we could be here and we could be sitting, but we have now been told that we are to have an extra week’s holiday.

I hope the noble Baroness will consider withdrawing this Motion and reconsider the announcement that was made last week.

[Baroness Anelay of St Johns]

My Lords, the noble Lord is being a little innovative in stretching his comments well beyond the matter on the Order Paper. However, because I am courteous, I will seek to address those in a moment.

First, I assure the House that the noble Lord is completely wrong in his allegation that even if the noble Lord, Lord Hill, were standing here instead of me, this Motion is in any way out of the ordinary. It is absolutely the normal procedure for these matters. The Motion itself simply states that Standing Order 46 should,

“allow the Supply and Appropriation (Anticipation and Adjustments) Bill to be taken through all its remaining stages that day”.

This always happens, regardless of who are in Government. The Supply and Appropriation (Anticipation and Adjustments) Bill is a supply Bill, and it has been certified as a money Bill. The noble Lord, of course, was in another place, and he knows as well as anyone what the rules are with regard to that. He has been in this House a little time, so he will know that this happens every time a money Bill comes forward.

In all processes, all stages are taken formally and there is no substantive Second Reading. Even if we sat from now until kingdom come, the stages would not be taken separately. If noble Lords would like to look at the Companion at some stage—I am not suggesting a mass rush for the Printed Paper Office—they will see that the appropriate entry is at paragraph 8.198.

As I have said, the noble Lord has been a little cheeky, but it is his nature. He has kind of extended this to, “Ey up, why have you decided that we shall have an extra week off?”. Well, it is not quite like that. The job of the Government is to ensure that the time of this House is used to best effect, and it will be so. This House is different from another place. Indeed, it decided that it did not wish to be elected or to ape another place; it wishes to retain its strong independent character. We are going to use time to best advantage, and that can be achieved even by having one extra week after Easter. However, over a calendar year, as noble Lords will know, matters even out.

Motion agreed.

Business of the House

Lord Foulkes of Cumnock Excerpts

Thursday 29th November 2012 Lords Chamber

[Lord Strathclyde]

That the debate on the Motion in the name of Baroness Pitkeathley set down for today shall be limited to three hours and that in the name of Lord Harrison to two hours.

[Lord Foulkes of Cumnock]

My Lords, the Leader of the House has moved that the debate on the Motion in the name of my noble friend Lord Harrison should last for two hours. On the Order Paper, after that, there are, astonishingly, to be two Statements by two separate Ministers on the same subject. This entirely unprecedented action, which is also happening in the House of Commons, has, I understand, had to have the approval of the Speaker of the House of Commons, because it is unique. It has never happened before and the Speaker had to agree to it. You, Lord Speaker, do not have the power in this self-regulating House to agree to such an arrangement, an entirely unprecedented arrangement. The only power lies with us in the House to agree to that. I do not remember, recall or recognise that we have agreed to that. Does the Leader of the House intend to seek the approval of the House for such an unusual and unprecedented arrangement?

[Lord Cormack]

My Lords, when he replies to that, can my noble friend the Leader of the House tell us whether the Statements are going to be antiphonal or sequential, and whether the Ministers will be questioned after each section of the Statement or at the end? Can he also tell us in what precise capacity the noble Lord, Lord McNally, is to address the House? Is he speaking as the leader of a political party in this House, or is he speaking on behalf of the Government? If he is speaking on behalf of the Government and my noble friend is speaking on behalf of the Government, what conclusions can we draw from that extraordinary state of affairs?

--- Later in debate ---

[Lord Richard]

Before the noble Lord replies, I wonder if I could ask him one simple question. There are two parties in the coalition: the Conservative Party and the Liberal Democrats. The Conservative view will be put by the noble Lord, Lord Strathclyde, and the Liberal Democrat view will be put by the noble Lord, Lord McNally. Which of them represents the policy of the Government?

[Lord Foulkes of Cumnock]

My Lords, in relation to the point that I raised initially about who should agree to two Statements, now that we have had an excellent explanation by the Leader of the House, I am absolutely certain that this House would agree unanimously and that we look forward to the entertainment later this afternoon.

[Lord Greaves]

My Lords—before my convenor speaks—is it not the case that the British constitution, in its wonderful unwritten form, consists of precedents, all of which have been developed in a completely pragmatic, evolutionary way in order to meet the circumstances of the day? It is indeed a different situation when we have a coalition like this and an issue like this. Is it not extraordinary that the Labour Party is the conservative force here that cannot keep up with these evolutionary, pragmatic changes which inevitably take place when we have a completely different situation with a coalition Government?

Scotland: Referendum

Lord Foulkes of Cumnock Excerpts

Monday 15th October 2012 Lords Chamber

[Lord Foulkes of Cumnock]

My Lords—

[Baroness Symons of Vernham Dean]

My Lords—

[Lord Foulkes of Cumnock]

My Lords, there is a paragraph in the agreement which says that,

“the referendum should meet the highest standards of fairness, transparency and propriety”.

I have one simple little question. If, after we pass the Section 30 order, the UK Government think that the proposals do not meet the highest standards of fairness, transparency and propriety, what recourse do they have?

[Lord Strathclyde]

My Lords, I have tried to explain that the Scottish people—who, as the noble Lord knows well, are a fair-minded and educated people—will see through anything that is not fair-minded and responsible. The time has come to trust the people of Scotland. As my noble friend Lord Steel pointed out a few minutes ago, it is true that as this debate has raged in the past couple of years the opinion polls have swung in favour of maintaining the United Kingdom.

Procedure of the House

Lord Foulkes of Cumnock Excerpts

Tuesday 24th July 2012 Lords Chamber

[The Chairman of Committees]

That the 1st report from the Select Committee (HL Paper 25) be agreed to.

[Lord Foulkes of Cumnock]

My Lords, I congratulate the Chairman of Committees on an excellent and sympathetic report. However, could he arrange for the Procedure Committee to look at another matter: namely, the accountability of Ministers to this House, particularly the accountability of the noble Lord, Lord Green? I have here a table that shows that his attendance in the current Session was less than 10%; whereas, just to take a random example, the noble Baroness, Lady Anelay, was here nearly 100% of the time. The noble Lord, Lord Green, was absent yesterday when there was a PNQ, which he knew was coming up, about his attendance. He is absent again today. I do not know where he is, but he is certainly not here. However, he is going to make a statement today, not to this House but to Jeff Randall on Sky television.

It is appalling and a discourtesy to this House and to Parliament as a whole when the noble Lord considers that it is appropriate for him to make a statement on television and not to this House. Since we have the noble Lord the Leader of the House here—I shall wait for a reply to the Committee—he will say that at a time when the Prime Minister is under tremendous pressure with his former press adviser and good friend having been charged with very serious offences and when his judgment is in question, it would add to that for his adviser on banking, a senior Minister of State, not to come before this House and be accountable to the place where he ought to be.

[Baroness Royall of Blaisdon]

I apologise for intervening on this issue, but I wish to say something. I address my remarks to the noble Lord the Leader of the House rather than to the Lord Chairman. In view of the fact that the noble Lord, Lord Green, is going to be on television this evening and that he has written a letter to Mr Chris Leslie in the House of Commons, I thought it pertinent to raise this matter on the Floor of the House.

As a matter of procedure, the noble Lord the Leader of the House yesterday told your Lordships’ House in relation to the noble Lord, Lord Green of Hurstpierpoint:

“No Minister needs to be accountable to Parliament for their previous career”.—[Official Report, 23/7/2012; col. 482.]

However, in a letter to my honourable friend the shadow Financial Secretary to the Treasury, the noble Lord, Lord Green, does precisely that in giving, as a government Minister in an official letter from a government department, his views on HSBC and what he described as the “failures” of the bank, about which he says, “I share that regret”. If the noble Lord, Lord Green, can make that kind of point in a government letter—let alone what he might say in an interview on Sky television at 7 pm this evening—he should come to this House and make those points here. I therefore invite the Leader of the House, in the light of the actions today of the noble Lord, Lord Green, to make arrangements for the noble Lord, as a Minister and a Member of this House, to take the opportunity to come to this House tomorrow to dispel the questions that are being posed about his ministerial role.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I think that it is worth replying to this. The noble Baroness the Leader of the Opposition was kind enough to give me notice that she would raise this issue. There are two accusations against my noble friend Lord Green. The first is that he has written to Mr Chris Leslie, who is a Member of the House of Commons. The only reason why my noble friend Lord Green has written to Mr Leslie is because Mr Leslie wrote to him and he has simply replied. That strikes me as being entirely the right and correct thing to do.

The second accusation is that my noble friend has not come to this House to answer questions. The reason why my noble friend has not come to this House to answer questions is because none has been put to him on this subject.

The noble Lord, Lord Foulkes, made much of the table of attendance and referred to my noble friend Lady Anelay. However, she happens to be the government Chief Whip, and if she was not here practically every day, I would want to know why. Incidentally, I also want to know why the Minister for Trade should spend all his time in here when his job is to do his best, banging the drum for British business—as the noble Lord, Lord Jones, used to remind us—rather than coming here. How many questions has the noble Lord, Lord Foulkes, put down in the past 12 months to my noble friend Lord Green on matters of trade? I shall check the record later.

[Lord Foulkes of Cumnock]

If the noble Lord the Leader of the House would care to check, he will find that the noble Lord, Lord Jones, attended here regularly. He answered question after question. Not only did he do so, but so did the Secretary of State, the noble Lord, Lord Mandelson, who also attended regularly. The noble Lord, Lord Green, is the senior Minister from the Department for Business, Innovation and Skills in this House, but who has to stand in? The noble Baroness, Lady Wilcox, who comes very high in the table, gallantly stands in regularly to answer these questions; and if she is not able to do it, the noble Lord, Lord De Mauley, stands in. However, we never see the noble Lord, Lord Green. I do not think that the noble Lord the Leader of the House understands that he is the Leader of the House, not of the Conservative Party. He is responsible for the whole House. It is a grave discourtesy for a Minister never to appear to turn up. He is not just responsible for trade and investment; he is the main Minister in that department, and he should be here answering questions.

[Lord Strathclyde]

I will not continue this for very much longer. All I can say is that if the noble Lord wants to put down questions on trade and investment, my noble friend Lord Green will be here to answer them.

Arrangement of Business

Lord Foulkes of Cumnock Excerpts

Monday 2nd July 2012 Lords Chamber

[Lord Strathclyde]

My Lords, if that is the question that my noble friend would have asked, perhaps I can crave the indulgence of the House in giving her the answer that I would have given if she had been within the 20 minutes for Back-Bench time. I am not entirely sure whether it makes a difference that we have not had a female Member of the House asking a question; I think that it is a wonderful thing that my noble friend has asked a question, but I would hate to be in a position where we reserved a certain amount of questions for either male or female Members. For my part, I think that the female Members of this House play a most valuable role, and in some debates rather a bigger role than some of the male Members.

My noble friend’s question was to do with the common regulatory regime for EU banks; in other words, what the relationship will be between the ECB in its new role in relation to regulators, supervisors and banks in non-eurozone countries. The euro countries have agreed to establish a single supervisory regime involving the ECB. Throughout this whole process, we have been entirely clear that the UK will not participate in that. The details need to be worked out over the coming months but we are very clear that any supervisor must not undermine the single market or UK financial services. The European Council has agreed that any proposals must include,

“concrete proposals on preserving the unity and integrity of the Single Market in financial services”.

I see that the Chief Whip has arrived on the Front Bench. We have an unusual convention that we repeat Statements and do not pre-empt them. I was rather hoping that the Prime Minister would have finished his Statement by now and that the Chancellor of the Exchequer would be on his feet. I wonder if it would be appropriate, even though we are still discussing this Motion as to whether or not we should adjourn for pleasure for 10 minutes—

[Lord Foulkes of Cumnock]

I will try, as usual, to be helpful by saying a few words on this Motion about adjourning for pleasure. I do not think that we should. At least the Leader of the House was candid enough to confess that this timetabling was his mistake, but it is not the first mistake he has made in relation to the business of the House. In fact, in this instance, he is a serial offender. He ought to be very grateful to the noble Lords, Lord Hamilton and Lord Myners, to myself and others for insisting—and putting it to a Division, which was won, with the support of the Opposition—that the Committee stage of the Financial Services Bill be held on the Floor of the House. Given the events of the last few days, it would have been outrageous if it had been taking place in the Moses Room, hidden from public attention. Now, we can be sure that all of it, including the amendments, will be taken here on the Floor of the House.

When we have that debate, I hope that we will have, for once, the presence of the Minister of State at the Department of Trade and Industry, the noble Lord, Lord Green, who is never here, never answers Questions, never participates in debates and leaves it all to the poor noble Lord, Lord Sassoon, who does a wonderful job under the circumstances. It would be particularly helpful to have the noble Lord, Lord Green, here, because on 28 November 2005, it was announced that he was to become group executive chairman of HSBC. He has more knowledge from the time when all of this took place. He was chairman of one of the biggest banks and so can give us some inside information, if he is allowed to. I hope the Leader of the House will confirm—

[Lord Myners]

I wish to be helpful to the House. It is also worth pointing out that the Minister, the noble Lord, Lord Green of Hurstpierpoint, was chairman of the British Bankers’ Association when these manipulations of the BBA’s LIBOR rate were taking place. It is reported that the executive of the BBA was aware that manipulation was taking place but took no action. How can this allow the noble Lord, Lord Green of Hurstpierpoint, to continue to be a credible adviser to the Chancellor of the Exchequer on banking, a role that he seems to have taken over from the poor noble Lord, Lord Sassoon, for whom we all have a great affection?

Queen’s Speech

Lord Foulkes of Cumnock Excerpts

Thursday 10th May 2012 Lords Chamber

[Lord Strathclyde]

I am well aware of that, but it is pretty rum that the report from the noble Lord, Lord Cunningham, laid out a whole bunch of conventions that in the past two years the Labour Party, which supported it, has been very happily breaking.

What else have we got? Suddenly, in 2010, the Labour Party says that there needs to be a referendum. There is no explanation of what kind of referendum. I see that the Leader of the Opposition is now talking to her noble friend Lord Hunt; I hope that they are going to explain what they mean.

Let me bring this to a conclusion. The Labour Party’s position is that there should be no Cross-Benchers but codification to reduce the powers and a referendum before it wishes to create a consensus. Will the noble Lord and his noble and learned friend confirm that these are the Labour Party’s conditions and that it will block any consensus without them? The House will expect the noble Lord to give an answer.

[Lord Foulkes of Cumnock]

The Leader of the House has not yet mentioned another little time bomb that is ticking away—a committee that has been set up under the chairmanship of Bill McKay to look at how votes are carried out in the House of Commons and to exclude Northern Irish, Welsh and Scottish Members from voting on matters that are purely English, or designated as such. That is an important matter that relates to the reform of the House of Lords, but no mention has been made of it or how it fits in. Has the Leader of the House thought of that? Have the Government thought about it, and what are they going to do about it?

[Lord Strathclyde]

The noble Lord, Lord Foulkes, refers to the West Lothian question. The noble and learned Lord, Lord Irvine of Lairg, said that it was a question that was better not asked. In the House of Commons—and it is entirely a matter for them—they are looking at it to see what solutions they can bring. Those are solutions for another place; they are not for us.

[Lord Strathclyde]

My Lords, I have no problem with the primacy of the House of Commons as it stands and I am very keen to preserve it. What I am trying to find out is what on earth the Labour Party thinks.

[Lord Foulkes of Cumnock]

My Lords—

[Lord Strathclyde]

No, I am not giving way to the noble Lord again; let me finish. The noble Lord will make a speech in a few minutes.

[Lord Strathclyde]

This is the last intervention I will take from the noble Lord.

[Lord Foulkes of Cumnock]

The Leader did not answer my question, which is a very important one. Let us suppose that the West Lothian question commission, which is chaired by Bill McKay, recommends that Members from Scotland, Wales and Northern Ireland do not vote on purely English matters in the Commons, and then we have an elected House of Lords. What would be the position of Scottish, Welsh and Northern Irish Members in the newly elected Senate?

[Lord Strathclyde]

My Lords, perhaps if the Labour Party had considered these issues in 1997, 1998 and 1999, we would not have to deal with them now. Back to Lords reform; we have been debating this issue for 15 years—

--- Later in debate ---

[Lord Foulkes of Cumnock]

Does the noble Lord not think it interesting and disappointing that we heard from the noble Lord, Lord Tyler, who is the principal spokesman on this matter for the Liberal Democrats, and not once did he mention the federal solution? I understand that it is still the policy of the Liberal Democrats. If it is looked at properly in the round, it ultimately provides a much neater solution for the second Chamber than the one that the noble Lord, Lord Tyler, advocated.

[Lord Maclennan of Rogart]

I agree with what the noble Lord says about a federal solution probably being best. However, it would have to ensure that the considerations that my noble friend Lord Tyler mentioned about underrepresentation in the second Chamber were taken into account. He spoke of Cornwall and the north of Scotland in his remarks. As it happens, he is from Cornwall and I am from the north of Scotland so we have some voice. However, the reality is that this should not be done in a rush. We must consider the very different priorities of people living in Northern Ireland, people living in Wales and people living in Scotland. Subsequently, maybe people living in different parts of England will take a view. However, I cannot believe that it makes sense simply to consider the West Lothian issue, which has arisen as a result of devolution, by itself. It needs to be considered as part of the solution of the whole. Therefore, I hope that the Government may take longer to consider the broader issues of constitutional reform to which the Leader of the House did not refer today.

Arrangement of Business

Lord Foulkes of Cumnock Excerpts

Thursday 26th April 2012 Lords Chamber

[Lord Strathclyde]

I will give way in a moment because I am generous and flexible on these sorts of matters. When we announced that we were going to have two whole days of the Queen’s Speech devoted to discussing the future of this House, the noble Lord, Lord Bassam of Brighton—so it has been drawn to my attention—tweeted to say that it was a sign of skewed government priorities to give so much time to it. Today, he asks for more time. Over the next two weeks, out of six sitting days, we will be debating the future of the House of Lords over three whole days.

[Lord Foulkes of Cumnock]

My Lords—

[Lord Strathclyde]

I have said that I am going to give way in a moment. If the noble Lord continues like this, I will not.

[Lord Strathclyde]

My Lords, I say to my noble friend Lord Cormack, that outside this House the general public may take the view that, in spending so much time on discussing the House of Lords when there are other things to debate in the Queen’s Speech and otherwise, we are already being very generous. Now I will give way to the noble Lord, Lord Foulkes.

[Lord Foulkes of Cumnock]

I am grateful to the noble Lord the Leader of the House. I wanted to clarify one thing. My understanding is that the two days of debate on the Queen’s Speech are on constitutional matters, not just on the future of the House of Lords. So those of us who want to raise devolution issues, the Mackay committee or any other constitutional matters could do so in those two days. It is not just confined to the reform of the House of Lords. I hope that the noble Lord the Leader of the House will confirm that.

[Lord Low of Dalston]

Can I also put it to the noble Lord the Leader of the House that his statement about there being two extra days during the debate on the Queen’s Speech to discuss constitutional matters, which may include the House of Lords, is not to the point? The fact that there will be two further days makes no difference to the number of speakers lined up to speak on the debate that is scheduled for next Monday on the report of the noble Lord, Lord Richard. Is the noble Lord the Leader of the House suggesting that some of us who have put our names down to speak on Monday should take them off the list and wait for a further opportunity on 10 May or 14 May? If that is not what he is suggesting, these two extra days on the Queen’s Speech will do nothing to reduce the overcrowding of the list of speakers who want to speak on Monday.

House of Lords Reform

Lord Foulkes of Cumnock Excerpts

Monday 23rd April 2012 Lords Chamber

[Lord Hughes of Woodside]

Can the Leader of the House confirm that the House is to prorogue on Monday?

[Lord Foulkes of Cumnock]

My Lords, may I just ask another question? While this is a matter of great importance, there are other matters. Will the Leader of the House confirm that it will be a full day’s sitting on Monday and that the debate will be preceded by Oral Questions and that if there are any urgent matters that Members wish to raise they can raise them under the normal procedures of the House?

[Lord Forsyth of Drumlean]

May I ask my noble friend a question, although it may be a naive question? Given that we had a manifesto commitment to seek a consensus on House of Lords reform and given that the Joint Committee is split completely down the middle, is that not the end of the matter?

House of Lords: Scottish Referendum

Lord Foulkes of Cumnock Excerpts

Wednesday 1st February 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I hear some moaning from the other side, but I expect that if we asked three of them what they thought devo-max meant we would get four different answers. It would probably be the same if we asked them their views on House of Lords reform. The point is that any different arrangement of the United Kingdom would of course have an impact on an elected House, in the same way as it would have an impact on the House of Commons.

[Lord Foulkes of Cumnock]

My Lords, I am not going to ask about devo-max. However, last week, in reply to a question from my noble friend Lord Campbell-Savours, the Leader of the House gave an unequivocal reply that no list of new Peers is being proposed. In the Daily Telegraph today he was quoted as saying that there is a new list, and indeed that the SNP has been asked to nominate. Would he care to clarify the position?

[Lord Strathclyde]

My Lords, I stand by my original answer. It is, of course, up to the Prime Minister to decide when and if he comes forward with a list. I am not aware that he has any current plans to do so. I certainly voiced a view that there is no reason why there should not be a Scottish nationalist in this House, but I do not believe that any has been proposed.

Business of the House

Lord Foulkes of Cumnock Excerpts

Thursday 8th December 2011 Lords Chamber

[Lord Strathclyde]

That Standing Order 40(1) (Arrangement of the Order Paper) be dispensed with on Tuesday 13 December and Monday 19 December to enable proceedings on the Health and Social Care Bill to take place before oral questions.

[Lord Foulkes of Cumnock]

My Lords, will the Leader of the House confirm that this Motion has been tabled after an agreement through the usual channels and that no such Motion would ever have been tabled without such agreement?

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

Yes, my Lords. I can actually go a bit further and say that relations in the usual channels between the Opposition and the Government are extremely cordial at the moment—and long may that continue, because that is the normal course of events. Certainly I cannot imagine the circumstances in which a Motion like this would be put down without the agreement of the usual channels.