(6 years, 9 months ago)
Lords ChamberMy Lords, it is a pleasure and a privilege to follow the noble Lord, Lord Carter of Coles. I support the resolution so eloquently moved by the Leader of the House. I entirely endorse what has been said by my noble friend Lady Stowell, to which I have very little to add other than to salute the work that she has done on this matter together with others who served on the Joint Committee. I found myself in substantial agreement with the noble Baroness, Lady Andrews, the noble Lord, Lord Newby, and the noble and learned Lord, Lord Hope of Craighead.
The terms of the resolution reflect what was agreed in the other place last week after much debate. My own perception is that, for the reasons already adduced, our fellow citizens want Parliament to remain in Westminster and expect us to implement the most cost-effective way of achieving that objective, which is what the resolution seeks to achieve. Our present building is not fit for purpose, as so eloquently described by other noble Lords. The conditions in which people work would not be tolerated outside this House. They would not meet the Offices, Shops and Railway Premises Act and there would be litigation. This cannot go on. As my noble friend said, when faced with similar difficulties, the Canadian Parliament in Ottawa grasped the nettle and resolved to decant—and so, I believe, should we.
In the interests of the safety of the people who work here and the increasingly large and welcome numbers of visitors to the building, we cannot continue to do nothing. The work needed to make this place safe can only be prescribed not by us today but, as proposed in the Motion, by the responsible delivery authority. As the Motion moved by my noble friend sets out, an early decant is the logical way forward, and I believe that is what people outside this place now want and expect. Let us please support my noble friend’s resolution.
(7 years, 11 months ago)
Lords ChamberMy Lords, it is a great privilege to follow the wise remarks of the noble Lord, Lord Low of Dalston. I join other noble Lords in congratulating the Government on making time for this debate today and my noble friend Lord Cormack on securing it and on the content of his remarks, which, as usual, I find myself in substantial agreement with. I salute, too, the work of the Campaign for an Effective Second Chamber, which he and my noble friend Lord Norton of Louth, together with others from all sides of both Houses, have worked hard in for a number of years. They have done extremely valuable work, which we are beholden to build on.
The Leader’s Group, chaired by my noble friend Lord Hunt of Wirral, set out the various options for reducing the size of the House of Lords. Most noble Lords have their own views on their preferred choice for how that should be achieved, as does almost everybody in the country. They are not of one mind—“quot homines, tot sententiae”. The Second Reading debate on the Bill introduced by my noble friend Lord Elton—a Bill which he imaginatively and wisely designed, after very wide consultation, to be uncontentious, proved beyond peradventure that there is at present no consensus in this House, far less unanimity, on the best way forward. If proof were needed, the remarks of my noble friend and chieftain Lord Caithness would underline that.
As the old saying goes: when in doubt, set up another committee. I do not think that on this occasion there should be a collective sigh of resignation. Select Committees in this House have a record of coming up with recommendations and, as others have said, I hope there will be recommendations that lead to practical outcomes. The basis for such recommendations is already there: a House no more numerous than the other place; no party or grouping to have an overall majority; a substantial proportion of the seats to be Cross-Benchers; and the primacy of the other place to be preserved.
The very welcome decision by the Public Administration and Constitutional Affairs Committee of the other place to take evidence and produce a report on this subject suggests that it might be timely to consider setting up not only a Select Committee of this House but a Joint Committee of both Houses to make recommendations about the best way forward, because we have to take the other House with us and it might save time in the end. Still, that is perhaps for another day; I would not expect my noble friend the Leader of the House to respond to that. Either way, a decision to establish a Select Committee of this House or indeed a Joint Committee would have my wholehearted support.
(8 years, 9 months ago)
Lords ChamberMy Lords, I join other noble Lords in congratulating my noble friend Lord Strathclyde on his report. Its recommendations on secondary legislation are in line with those of the royal commission, chaired by my noble friend Lord Wakeham, and those of the report of the Leader’s Group on Working Practices, which I chaired—option 3 in my noble friend’s report—to create a new procedure. I think that is the way forward. Although I entirely agree with the noble Lords, Lord Howarth and Lord Cunningham, that that convention must be maintained, the time has come for something more to be done.
I strongly support the report’s suggestion that future Governments should ensure that Bills contain more detail. I agree with my noble friend Lord Jopling and the noble and learned Lord, Lord Judge, that less is contained in primary legislation, with implementation by statutory instruments, and that Henry VIII clauses should be discontinued as far as possible.
In my experience, your Lordships’ House plays an extremely effective role in scrutinising secondary legislation. When I chaired the Secondary Legislation Scrutiny Committee, which is now chaired by my noble friend Lord Trefgarne, its work—not mine I hasten to say—led not only to well-informed debates in your Lordships’ House but to essential revisions to ill-prepared statutory instruments before they ever came to this House. The work of the clerks in this process was, in my observation, beyond praise. I do not see how the other place could in practice do the same job.
The primacy of the House of Commons has been accepted for well over a century. We heard from the noble Lord, Lord McNally, about an elective dictatorship, but I have to say that when I was Chief Whip in the other place for the Government about 20-odd years ago, it did not feel like an elective dictatorship. I see a number of heads nodding on the other side, including those of the noble Lords, Lord Grocott, Lord Howarth and Lord Beith. I do not think that is a danger. What is needed now is a redefinition of the roles of the two Houses.
During recent decades, the world has changed radically—technologically, socially, economically and in every other way. It will continue to do so in the future with ever-increasing velocity, which will lead to the continuation of the torrent of legislation coming before us, and the distinctive roles of the two Houses of Parliament will be ever more important. In the absence of a written constitution, we must proceed, as we usually have, by negotiation, compromise and agreement. There are many details to be addressed in option 3 of my noble friend’s report. We can make progress only by agreement, which would be best achieved by discussing his excellent report, as my noble friend has suggested, in a Joint Committee of both Houses, despite the fact that we do not know which way it will go off.
(12 years ago)
Lords ChamberMy Lords, I congratulate the noble Lord, Lord Filkin, on this timely debate and on his very wide-ranging speech on a subject which, as he said, is sufficiently important to your Lordships’ House to attract an attendance today on all sides.
I shall perforce be brief. We spend the majority of our time on the scrutiny of legislation. Our role is quite different from that of the other place. We seek to address points of principle and of details, drawing on the knowledge and experience of your Lordships. We seek to conduct our affairs in a timely way, while paying special attention to those parts of Bills that have not been scrutinised in detail in the other place. Therefore, I turn first to the case for a legislative standards committee, to which the noble Lord, Lord Filkin, referred, which was made last year by the Leader’s Group, the Hansard Society, the Better Government Initiative and others. The House of Commons Political and Constitutional Reform Committee has been asked by the Liaison Committee to examine the proposal, whereafter I hope that my noble friend the Leader of the House may seek your Lordships’ views.
The case for a legislative standards committee, preferably a joint committee with the other place, is this. The past few decades, as the noble Lord, Lord Filkin, said, have seen a vast increase in the volume of legislation, both primary and secondary, put before Parliament by Governments. There is intense competition between departments for parliamentary time. The resulting workload on Parliament has led to serious consequences; the other place’s capacity for proper scrutiny has been all but overwhelmed. Amendments have been routinely accepted without debate in your Lordships’ House towards the very end of parliamentary sessions, not in response to argument or evidence but under pressure of time and to avoid the alternative of Governments of the day losing entire Bills. There was an answer to a Question by the noble and learned Lord, Lord Butler, earlier this year, showing that a vast number of measures have not been put into effect in the past few years for that very reason.
We rightly pride ourselves on what we do, but the fact is that much legislation is worse than unsatisfactory. There is a massive waste of time and resources—financial and human—in both Parliament and Whitehall. The proposed business standards committee would help the Government as a whole, particularly the business managers, to ensure that legislation brought before Parliament was validly and properly prepared. Its role would be to ensure Bills’ technical and procedural compliance with agreed standards of Bill preparation, rather than to scrutinise policy or drafting. The discipline which such a system would impose would be wholly beneficial, enormously cost effective and widely welcomed by the overworked occupants of both Whitehall and Westminster. As I have said, it would be manna from heaven to the business managers, but benefits would be felt not only by government, Parliament, the judiciary, legal practitioners—whose pain I admit is frequently greatly eased—and stakeholders, but above all by the citizens, who would be relieved from the frustration, bewilderment and worse inflicted on them by what many see as the ever-growing tsunami of amateurishly prepared legislation. The volume of delegated legislation continues to grow, as does its importance. Parliament accepts the concept of unamendable secondary legislation nearly every time that it passes an Act, but there must be a limit somewhere.
Perhaps I had better remind my noble friend that his four minutes are up.
I speak in the hope that my noble friend will take seriously the points being made in the debate—or the two that I have had time to raise.
(13 years, 4 months ago)
Lords ChamberMy Lords, it was a great privilege to chair the group. On its behalf, I express gratitude for the kind words which have been uttered. We agree with Adlai Stevenson that flattery is harmless provided it is not inhaled.
The shadows are lengthening and I shall be very brief. We were extremely grateful to all noble Lords who gave written evidence, which is summarised in the reports. We were equally grateful to the noble Lords who gave verbal evidence, which was reflected in our deliberations. In Microcosmographia Academica, FM Cornford described his frustration as a don at Cambridge at his inability to walk from Trinity Street to the Mill Lane Lecture Rooms without having his elbow taken and his ear bent by colleagues urging their points of view on him. The process was known as squaring. Well, members of the group, for several months, had the same experience when trying to proceed from the Printed Paper Office to the Library. I have to tell your Lordships that if you had been squared by certain noble Lords, however square you were before, you would become squarer and, indeed, you may stay squared. However, it was a worthwhile process, and I agree with my noble friend that more comments would be welcome.
I should like to thank, too, Sir Michael Pownall and the present Clerk and his staff, particularly those who advised the group, for their invaluable help; those who work here, particularly in the Library and the Doorkeepers, for their contributions; and those outside bodies who submitted evidence, which is set out in the report. I also thank personally the members of the group for their forbearance, encouragement and patience during what was, for me, a very enjoyable experience.
Sir Barnett Cocks, when Clerk to the other place, said that a committee is a cul de sac down which ideas are quietly lured and then strangled. Elsewhere, a committee has been described as a group of people who individually can do nothing but together can decide that nothing can be done. Times have now changed. There is not all that much that is original in the report before us today—many of the recommendations are similar to those made previously, particularly in the report of the royal commission chaired by my noble friend Lord Wakeham—but I hope that we have rehearsed the options open to your Lordships the better to serve public interest.
The House has the opportunity, if your Lordships so wish, to reform by self-regulation. I know that noble Lords take it as seriously as the group, most of whose members are in their places today. The noble Baroness, Lady Wilkins, has asked me to apologise for her absence. She is unable to be here today, but we hope to see her back again soon.
When Montagu Butler was the master of Trinity College, Cambridge, he summed up a meeting of the fellowship at which all his proposals had been unanimously rejected in the following terms: “Gentlemen, I thank you for the expression of your opinion, and shall adopt the course I propose with the utmost regret”. I hope and believe that my noble friend the Leader of the House will not follow the Montagu Butler precedent, but will take account, which I am sure he will, of everything that is said, for, as we know from his repeated assurances, he is a committed democrat.
(14 years, 4 months ago)
Lords ChamberMy Lords, I acknowledge that there was no referendum on that occasion, but I respectfully suggest to the noble Lord that making this House an elected House would be a fundamental change in our constitution.
If, as we consider legislation, the party opposite presses for a referendum on the future of the House, will the noble Baroness take into account the recommendations of the Electoral Commission on compulsory voting, which applies in many other countries, so that that is one of the considerations that come before us?
My Lords, I could not at this juncture speak for my party on that issue, but personally I am a firm supporter of compulsory voting. However, that is my personal view.
On other occasions, my noble friend Lady Jay of Paddington, a distinguished former Leader of the House, has asked what the point is of the committee of which I am now a member. The noble Lord, Lord Campbell of Alloway, will raise a pertinent issue in his Question on 5 July and, with typical shrewdness and incisiveness, my noble friend Lord Richard has made the point that, if the committee is to consider fully the outstanding issues of Lords reform, it is unlikely to be able to produce a Bill by the end of the year.