(14 years ago)
Lords ChamberPrivate or local; I am very happy with that as well. It is whether it affects it in a manner different from the private interest of other persons or bodies of the same category. In the opinion of the noble and learned Lord, Lord Mackay of Clashfern, and many others the right to vote is a public right and the manner and place in which it may be exercised are not private interests. It is on that basis that I agree with my noble and learned friend and with the Clerks of the House of Lords that there are no grounds on which it could be argued that this is a Private Bill.
My Lords, I listened to the Leader of the House many times when he was Leader of the Opposition and was often almost seduced by his oratory. However, that was not the case on this occasion and I do not think that it was a speech that he will be entirely thrilled about, because it was based almost entirely on suggesting that my noble and learned friend’s argument was spurious, shallow, pointless and simply and avowedly party-political. The noble Lord is nodding, so he is obviously confirming that. I want to comment initially on two points that he made, which are important considerations for the rest of us during this debate.
The noble Lord said that we know “that this Bill is on a tight timetable”. In other words, it has been guillotined quite severely in the Commons; that; of course, is what he hopes to be able to achieve in the Lords. I simply ask him: who is responsible for this Bill being on a tight timetable? The Government have made that decision in the full light of all the information. It is also, presumably, the reason why the Government say that it was not even possible to have pre-legislative scrutiny on this huge constitutional Bill—one which I think the party leader of the noble Lord, Lord McNally, has described as being part of the most important reforms since 1832, with characteristic understatement. Your Lordships need not worry; I am coming to hybridity. I am sure that the noble Lord will deal with that as seriously as I am dealing with the comments that he has been making.
The noble Lord enunciated what I thought a unique constitutional principle—at least as far as I have heard in this House; it was an astonishing one to come from the Leader of the House—in which it is not this House’s business to consider issues which have not been voted on or considered in the other place. He has commented on it enough times to make me realise that this means that large swathes of business under this coalition Government will not be possible for us to discuss, because he knows perfectly well that in the other place large sections of business are frequently not discussed and not voted upon. That is due to timetabling, which obviously took place under the previous Government as it does under this one. But please let us not pretend that he is making a serious constitutional argument that we must not consider it ourselves because it has not been considered by the other place.
I come to a severely practical point on the issue of hybridity, which was partly touched upon in an earlier exchange. No one could seriously argue that this particular clause of this particular schedule did not have characteristics of hybridity: “Preserved constituencies” is all it says. It then lists two constituencies with no explanation whatsoever of why they are preserved. I put this as a procedural point to the Leader of the House; I would have thought that there is clearly no reason on earth why any other constituency that wants to be added to the preserved list should not be able to make out a case for doing so. There are 648 parliamentary constituencies not covered in the preserved list. I shall certainly be trying to persuade this House that Telford is a constituency that should not be interfered with. It is a fast-growing town in the West Midlands, whose population changes much more rapidly than other constituencies. I put only that point to him. I will not develop the argument now—it would not be to the specific point of hybridity—other than to point out that these amendments, should they be tabled, could not possibly be grouped because the nature of the hybridity means that each case is individual and is unrelated to all the other constituencies. That is the basis on which these two constituencies are put down.
If, for the sake of argument, many amendments were tabled making the case for individual constituencies, it could not then be sustained, even if you concede that this clause is hybrid, that it was only a small part of the Bill, as some of the proponents of this not being a hybrid Bill are advancing. If, during the passage of the Bill through this House, other constituencies were added to the “exempt” clause, it would become a much bigger part of the Bill. I put it to the noble Lord the Leader of the House that these are serious questions; the case is certainly serious so far as I am advancing it. There is hardly a constituency in Britain that could not put its case on the basis of its boundaries, its communities and their relationship of the communities to each other.
In passing, we have to acknowledge that all local contribution to this by way of public inquiry, which has always been the case in the past, is being bypassed too; as the noble Lord the Leader of the House has told us, the Bill is under a very tight schedule. I acknowledge that there are different opinions on this, but it is not worthy simply to use the characteristics of normal parliamentary banter, which I enjoy as much as anyone else, in responding to a very serious Motion that my noble and learned friend has tabled which, on the noble Lord’s own admission, will delay the Bill, if that is what it does, by only a week and a half. On a matter of such constitutional importance—the Government’s words, not mine, although on this occasion I agree with them—should we really not be able to delay the Bill by that time in order to establish where there is clear and serious doubt, although the noble Lord will no doubt be able to persuade enough people to his point of view? We should at least have the opportunity of dealing with that question in the proper way by referring it in the way that my noble and learned friend Lord Falconer is suggesting.
In a brief intervention some months ago, I acquired an entirely undeserved and unsought reputation for being an expert on hybridity. On that occasion, though, I detected what I thought to be a serious issue that needed to be considered in the way described. On this occasion, I can detect no such issue. I have listened with great care to what the noble and learned Lord, Lord Falconer, has said. I accept that the threshold is a low one, a point that I made on the previous occasion, but an elector’s interest in voting is not a private interest in the sense described in the Standing Orders. There can therefore be no question of treating one private interest differently from another. I am saying, only in a roundabout way, exactly what I believe the Clerk of the Public Bill Office has himself said in the letter that has been mentioned.
Before I am asked, I shall say that I have not read—
(14 years ago)
Lords ChamberBroadly speaking, yes, I do, because they have the support of the majority in the House of Commons and were overwhelmingly and clearly pointed out in the respective manifestos. There are one or two exceptions where that is not the case but, as I said before, we will recognise them when we see them.
As it is not necessarily feasible to go through and analyse every single response, can the Leader of the House at least tell us how many people wrote in saying they thought it would be a good idea to spend £100 million on a referendum on the alternative vote?
My Lords, the noble Lord is of course right that it is far too short a time to look at each one but I flicked through the responses usefully over lunch and, for instance, here is one taken at random:
“We want referendums on national issues as we were promised”.
Another is:
“We want FAIR VOTES NOW!”.
Here is another one:
“I am concerned that having an elected upper house will mean that there is less accountability rather than more”.
I thought that one would go down well.
(14 years, 4 months ago)
Lords ChamberBecause, my Lords, this committee is charged to create a Bill in draft. There will be a full role for Back-Benchers in both Houses, on all sides and with different views, when we set up a Joint Committee of both Houses which will then give it the scrutiny it deserves before it is introduced to each House.
Could the Leader of the House, in the spirit of the coalition document, referring as it does to the importance of transparency, ensure that the agenda and minutes of this committee which is meeting at present are made available to the House and to the public?
(14 years, 5 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Pearson of Rannoch, is right when he says it is beyond belief that the EU should wish to inspect our Budget before it is presented to Parliament. He is entirely right. In that there is not a cigarette paper of difference between him and the Prime Minister, or I suspect even the Opposition. We would all agree that the EU has no role and no place to look at our budgetary arrangements and, indeed, our parliamentary procedures. That position has been made entirely implicit in the Statement that I repeated a few minutes ago. It is not unfinished business; it is firmly finished business and we will be leaving it entirely the way that it is currently.
The noble Lord, Lord Pearson of Rannoch, made great play of looking at the conclusions and the Statement that we made. This is an old game to play and the noble Lord does it with great skill. I assure him that again there is no difference between the conclusions and the Statement that we made. They can live together entirely side by side and there is no difficulty for the Government.
The Leader of the House has reported, quite rightly, that there were extensive discussions about the ongoing problem of Iran. Were there any discussions on the wider issue of the region and the ongoing problem of the blockade of Gaza? How can the suffering of the people of Gaza be relieved? How and when will there be discussions at some stage, as surely there must inevitably be, between representatives of the European Union and representatives of the current Administration in Gaza?
My Lords, there was a discussion on Gaza. Generally speaking, the conclusion was positive about the steps that have been taken and we very much hope that the measures taken by the Israeli Government will be part of reducing tension in the area.
(14 years, 5 months ago)
Lords ChamberMy Lords, these advisers are the personal appointments of Cabinet Ministers. Their job is to help Cabinet Ministers to do their job even more effectively than they would otherwise have done if they had not had such an appointment.
My Lords, I am not sure that the Leader of the House answered the question put by my noble friend Lord Campbell-Savours precisely. The question is really this: if any Minister, in relation to his or her activities in connection with a special adviser is seen to be in breach of the Ministerial Code, would it be the Prime Minister or the Deputy Prime Minister who would have to exercise disciplinary action against them?
My Lords, in the first instance it is up to the Minister who appointed the special adviser, but if there was a most serious breach of the code, I am sure that it would be for the Prime Minister to take a view.