Wednesday 25th January 2012

(12 years, 10 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Mawhinney Portrait Lord Mawhinney
- Hansard - - - Excerpts

My Lords, politicians regularly claim to have fairness on their side. It is sort of part of the trade, and it creates the impression that they are on higher moral ground than the opposition—whether that be the Opposition or the Government—who, by definition, cannot therefore have fairness on their side. In more than 30 years at both ends of this corridor, I can think of very few, if any, debates where we have debated quintessentially just the issue of fairness. It is always linked with a policy, and this is linked to a policy as well but, as has become clear during this debate, what we are really being asked to take a decision on is fairness.

I make no apologies for saying that I had the pleasure, some years ago, of working closely with my noble and learned friend Lord Mackay of Clashfern. I have no embarrassment in saying that I learned from him and benefited from his integrity, wisdom and common sense. If any noble Lords had not had this pleasure and privilege, they will have had this evening. That was as powerful an explanation in simple language of integrity, clarity and humanity as I have heard. I have seldom if ever heard someone put the Government ever so gently but firmly in their place without creating any angst, unhappiness or unpleasantness in the process.

I agree with the noble and learned Lord, Lord Morris of Aberavon, and the noble and learned Baroness, Lady Butler-Sloss: any Member of Parliament can tell stories about the failure of the CSA. The noble and learned Baroness, Lady Butler-Sloss, spoke of her experience of dealing with men who were intransigent beyond persuasion. I cannot be the only former Member of Parliament who has been physically threatened in surgeries by men because I tried to persuade them that I did not have the power to solve their problem. That threat of physical violence stemmed from an antipathy to their former partner which was time and again beyond remedy—in many cases, beyond even consideration.

I have to say to my noble friend the Minister that, just for once, I think the Government have got it wrong. I support what they are trying to do and I know of nobody in either House who would have the gall to stand up and describe the noble and learned Lord, Lord Mackay of Clashfern, as a rebel. They would get laughed out of court if they tried. I cannot stand shoulder to shoulder with him, but they would also have a certain amount of difficulty labelling me that way.

If ever there was a time for the Minister to say, “This has been a very good debate, conducted in good humour but with surprisingly impressive intellectual integrity and humanity, and I will take this back and talk to my colleagues and come forward at Third Reading with the Government’s considered position, bearing in mind this debate”, it is now. I hope my noble friend might take that as a constructive suggestion for the way forward.

I made it clear before I came into the House for this debate that it was not my intention or inclination ever to vote against a proposal moved by the noble and learned Lord, Lord Mackay of Clashfern, my friend, but I did not commit myself on whether to abstain or to support him. Unless the Minister says something wholly remarkable over and above what has so far been said, I will join my noble and learned friend in the Lobby.

Lord Goodhart Portrait Lord Goodhart
- Hansard - -

My Lords, I do not often vote against coalition policy. I voted for the coalition on Monday, when the coalition was in fact defeated. I voted for the coalition policy then, not because I personally supported that policy but because it was something that I could and should accept as a member of my party and therefore the coalition. This occasion is entirely different. The draft that the amendment replaces has been shown to be very seriously defective. I cannot support that draft. I can and will support the amendment of my noble and learned friend Lord Mackay of Clashfern.