(5 years, 9 months ago)
Lords ChamberMy Lords, it is indeed a great pleasure to follow the noble Viscount, Lord Hailsham—an old adversary of mine in the other place. As noble Lords have heard, he is a very powerful advocate, and it is much better to be on the same side as him. I agree with almost everything that he has said today but I want to make it clear that I totally support the Motion to revoke Article 50 in the name of my noble friend Lord Adonis.
I need to explain why I have adjusted my view since the last time I spoke, which was some time ago. Unlike the noble Lord, Lord Newby, I have not spoken in all 13 of the debates—mind you, he gets better as he goes along. When I last spoke, I said that, although revoking was my preferred option, I reluctantly agreed that we needed a referendum to finish the job because it started with a referendum. However, that brings me back to June 2016, when I was against having a referendum. I have always been against that. Indeed, the nicest thing that Gisela Stuart ever said about me was that I was against a referendum. In fact, that is the only nice thing she has ever said about me.
One reason I was against it was that in referenda people vote for reasons other than the question on the ballot paper. I remember that in 1979 we did not get a Scottish Assembly because the Callaghan Government were unpopular after the winter of discontent, and there has been no less popular Government than the Cameron Government when we went into the referendum in 2016. My view is that that is why a lot of people voted in the way that they did.
This referendum was corrupted and there was cheating in it. There was overspending, as the Electoral Commission has said. Indeed, as I understand it, the High Court has said that, if it had been a mandatory referendum, it would have been illegal. However, it was only an advisory referendum, so it did not matter that all those mistakes were made. However, that reminds us that it was an advisory referendum, so it should not be taken by the Government as an instruction.
One might challenge me that the same applied the last time I spoke about the referendum, and indeed I said much the same about it then. What has changed? What has tipped the balance? Above all, as the noble Lord, Lord Tugendhat, rightly said, there has been a sea change in public opinion since then. Now, all the implications of Brexit are known—people are made aware of the reality. It may be okay for Farage with his wealth, or for Rees-Mogg with his trust in Ireland, but ordinary people are beginning to realise that it is a disaster. This is being shown, first, in opinion polls. An analysis of 200 opinion polls showed that a majority of between 6% and 12% are now in favour of remain, whereas in June 2016 it was a majority of about 3% or 4% for leave. A second indication is the march on Saturday of over a million people from every part of the United Kingdom—not the metropolitan elite, as some say. They came from every corner of the United Kingdom and tramped through London to express their view. That shows strength; coming to London to express that view takes a lot more than just going to the ballot box.
Thirdly, the petition is astonishing, the biggest there has ever been: to date, over five and a half million people and rising at the rate of a few hundred thousand every hour. The petition is not for a referendum: it is to revoke and stay. I am glad to say that it was started by a 77 year-old lady, as my noble friend Lady Bakewell and I—I declare an interest as chair of Age Scotland—do a lot to promote the advantages of older people taking initiative. The fact that Margaret Anne Georgiadou took this initiative is very encouraging and the fact that five and a half million people have already followed her is even more so.
It is still possible to argue that we should nevertheless have a people’s vote—a second referendum—to prove the case. Leavers are not keen on a second referendum; does this indicate that they are not confident they would win again? Perhaps it does. However, one of the strong arguments against having a second referendum now, and for asking Parliament—urging the other place, in particular—to agree to revoke Article 50, is that the period of time needed for a referendum would continue the uncertainty; we might also end up with more lies and cheating unless we tightened up the rules. For a variety of reasons, I am not in favour, as I have said. There would be more jobs lost, just as we are losing jobs in every part of the United Kingdom at the moment, because of the threat and uncertainty.
Parliament now needs to step in, take up responsibility and accept that no Brexit is good for Britain. The best option is for us to remain part of the European Union—but remain and reform. Not just in Britain but in other countries of Europe, people think that the European Union needs reform. Every institution needs reform, including even—some people think—the institution that we are in now. Britain could be leading in Europe, not leaving Europe; that should be our slogan. So I hope we can send a message to the other place to revoke withdrawal.
Finally, having followed my old adversary, the noble Viscount, it is a great pleasure for me to hand the baton over to the person described by my noble friend on the Front Bench—
I hand the baton to the person described by my noble friend Lady Hayter as a national treasure: that is, the noble Lord, Lord Hennessy.
My Lords, perhaps I may say a few words, since my name has been mentioned. Indeed, I have received a commendation from a rather unexpected quarter—I am not sure that it is all that welcome, but it is interesting. The topic mentioned by the noble Lord that I put forward was one of six that I suggested, none of which was accepted by the committee—and I am a member of that committee. I agree with the noble Lord, Lord Laming. The members of the committee are all constructive and thoughtful and I go along completely with committee’s recommendations. The noble Lord, Lord Laming, conducted the discussion exceptionally well. He allowed full consideration of all aspects. There was no dissent. It was perhaps one of the most constructive ways of coming to a consensus that I have ever experienced in any committee in this House. I hope that the House will accept the recommendations of the noble Lord, Lord Laming.
My Lords, I am extremely grateful to the noble Lord, Lord Foulkes. The fact that he made a number of recommendations and none was accepted is an indication of the thoughtfulness of the committee and the way matters were approached. We were not intimidated by his presence.
The noble Lord, Lord Pearson, does the committee a great service because he illustrates that we received a range of serious topics and each was very carefully considered. I would not wish in any way to give the impression that the committee thought that some of the topics that have not been recommended today were not worthy matters. That was not the case. The committee took the matters very seriously.
I may be able to give the noble Lord, Lord Pearson, some comfort in that the House has agreed to look again at the committee structure in 2017-18 and it may be that there will be opportunities then to look at some of the matters that he has raised. Although I have never had the privilege of serving on the EU Committee or its sub-committees, I have received consistently good reports about their work and the impact that they have, not only in this country but in Europe and beyond. I hope very much, that said, that noble Lords will be willing to accept this report. I beg to move.
(8 years, 10 months ago)
Lords ChamberMy Lords, in moving the first Motion standing in my name on the Order Paper, I will also speak to the second Motion. The first part of the report of the Committee for Privileges and Conduct clarifies the position on investigating alleged breaches of the Code of Conduct. The code does not apply to former Members; nevertheless, it has been unclear whether a former Member could be investigated for an alleged breach committed when he or she was a Member of this House.
The recommendation is to make it clear in the guide to the code that such an investigation may not take place because there would be little point to it. Even if such an investigation resulted in a finding of a breach of the code, however, there would be no suitable sanctions available to the House—the reasons being that the strongest sanctions of suspension and expulsion could not be imposed on someone who was no longer a Member of the House. But colleagues will understand that the status of Members on leave of absence is different from that of former Members, because those on leave of absence may return to the House. The committee therefore recommends amending the guide to make it clear that an investigation may take place on a Member on, or seeking, leave of absence if the alleged conduct occurred when the Member was not on leave of absence.
The second part of the report relates to guidance on when a Member may participate in proceedings in which that Member has a financial interest. The current text has resulted in some uncertainty. This has sometimes meant that Members with significant expertise on a subject have been unable to participate in business in which their expertise would benefit the House or a Select Committee. The Committee for Privileges and Conduct proposes replacing this guidance with a clear statement that Members may participate in business in which they have a financial interest, but in doing so they should of course ensure that their personal interests do not conflict with their public interests. A similar change is recommended in respect of participation in Select Committee work. I beg to move.
My Lords, I am grateful to the Chairman of Committees for introducing this. It is important that, whenever we get reports from committees, there is an introduction and an explanation of why the recommendations are being made and how the issue has been considered by the committee. So much of what happens in this place is considered by committees and put through here on the nod, so that, with respect, I must say that probably the vast majority of Members know nothing about it. They do not know why it is being recommended and do not know about the initiative, motivation or background behind it. That is why it is very important not only that such things should be introduced—as this has been—but that we can have a debate and ask questions.
I have specific questions. On whose initiative was the first matter put on the agenda of the Privileges and Conduct Committee? What was the motivation behind it? Were any matters—any instances or examples—brought to the attention of the committee that made this a matter that it should have to consider?
I have similar questions in relation to the second matter. Have any matters arisen? Have there been any complaints or suggestions of problems? Have any Members with particular interests said that they are unable to participate in a debate because of their interests? We need to know why this is before us. I am not saying I disagree with it, but we need to know on whose initiative and with what motivation these matters were considered by the committee and then recommended to us today.
My Lords, I am most grateful for the opportunity to respond to these questions and will do my best. The first question asked by the noble Lord, Lord Foulkes, was about where this came from. It came from within the committee. The committee has been extremely exercised about a number of what are perceived to be gaps or misunderstandings in the current arrangements.
The noble Lord says it came from within the committee. Was it from a Member or Members on the committee—if so which Members—or from the officers?
My goodness me, my memory fails me. It came from Members; they have been looking at this whole area to see whether there are any misunderstandings or gaps. We have been much exercised—the committee has been together on this, addressing it in a serious and thorough way.
On whether there have been examples of Members who could contribute very well to the work of this House, I am advised that since the start of this Parliament, 30 Members have questioned whether their interests in the register bar them from contributing to the work of the House or one of the Select Committees. This report makes it plain that we all operate on our honour and have to ensure that, when we participate, our personal interests do not conflict with our public interests.
The noble Baroness knows a great deal more about this than I do, but she is of course entirely right. As a House, we are very dependent on fundraising for this work. In recent times, it has not been possible to provide money from the Budget for it, so we are very dependent on fundraising to carry on the excellent work that this House does, not only on these Maclise paintings but on some of the frescos that are very much in need of preservation.
My Lords, can the Chairman of Committees tell us whether we will still be here when this work is completed, or is this building continuing to fall down around us—as I found this morning when I could not get in at the normal entrance? One of our colleagues pointed out to me that Red Benches states that work is being done on re-cant accommodation for the House of Lords? Will the Chairman of Committees give us a brief update on how things are going in respect of re-canting us somewhere else?
My Lords, it is true that there is a major programme of work across the whole estate and that there will have to be decanting from building to building, but this is being handled with the Chief Whips of the political parties and the Convenor. We are handling it as carefully as possible. I hope I will be here when the work is finished. Whether I shall be in this position I know not.
My Lords, perhaps I may reinforce the point made by the noble Baroness, Lady Royall, that one of the great advantages of bringing a report of this kind to your Lordships’ House is that it gives members of the committee, of which I am one, the opportunity to hear the views of the House. I am sure that every member of the committee who is here today has paid great attention to this debate and that it will be taken forward when we next meet.
I am sure the Chairman of Committees would not wish to conclude without answering my questions on the Joint Committee on the National Security Strategy.