Procedure and Privileges

Debate between Lord Grocott and Lord Brougham and Vaux

Tuesday 13th July 2021 Lords Chamber

[Lord Grocott (Lab)]

My Lords, one of the things that was really noteworthy about the Procedure Committee report was this entirely novel way, as far as I can make out, of the House reaching decisions—that is, to have a kind of opinion poll before we reach our decisions. Under the normal procedures of the House, whether it is a Bill, a debate or anything else, you have the debate and then test the opinion of the House. In this system, it seems that you test the opinion of the House and then have the debate. That seems to me—well, I can think of some of rude ways of referring to it—to stand procedures on their head, and I am not sure that I like it. No doubt the Senior Deputy Speaker will be able to refer to this when he sums up.

But I will say this: if we are to have this kind of system in the future, my word, we need some ground rules—they certainly do not come out in the Procedure Committee’s report—about what kinds of decisions we test opinion on before the debate, and what kinds we do not. There are two contrasting examples of very important decisions that I can refer to: one is whether to have a speakers’ list for Oral Questions and the second is whether to change our sitting times, as my noble friend Lord Adonis referred to. The Procedure Committee dismisses the question of the House’s sitting times in just a sentence. The only justification it gives for testing the opinion of the House in the way that it has on speakers’ lists is because of “the divergent views” on the subject—but there are divergent views on every conceivable subject that ever comes before this House. If that is the only ground the Procedure Committee has to offer for having this system, it is a pretty poor basis.

There is a real problem with this way of making decisions, which the noble Lord, Lord Cormack, touched on. By the way, I very much sympathise with the amendment in the name of my noble friend Lord Adonis. In the five sitting days of the week—Monday to Friday—we have four different starting times, and the only two days that are the same are Monday and Tuesday. I cannot think of any other public-facing organisation that has four different kick-off times in five working days.

However, the other problem with having these kinds of pre-debate opinion polls is that most of these questions do not lend themselves to a binary decision—they are not a simple “this or that” question. I will be frank with the House: on the question of speakers’ lists, I do not like the system that was in operation prior to the Covid crisis. I have said so many times; I initiated a debate on it five years ago to say that the Lord Speaker should be the person to play a role in that. But I certainly do not like the idea of the lists being published in advance and continuing with that method. I would love that idea if I was still on the Government Front Bench. When you are there to answer questions at Question Time, it is an absolute joy if you know exactly who is going to ask them. You can generally, with reasonable accuracy, anticipate precisely what question they will ask. If you know the subject and the person asking the question, you know what the question will be, so it is a great benefit to the Government Front Bench.

Perhaps I should be more sympathetic to the other group to whom it is a great benefit, having been a Chief Whip: it is great news for the Whips. If it is not the Lord Speaker or randomness deciding, the party groups, one way or another, have to find a mechanism for determining who the questioners should be. When I was Chief Whip, I would have loved to have decided who among our side was going to ask the questions; quite a few would have been waiting quite a while for that opportunity. So, this system hands power to the Government Front Bench—to Ministers—in particular, and to Whips in general.

I do not like that system either but, of course, there is a third way—to coin a phrase—which is the suggestion of the noble Lord, Lord Balfe: we do the same as pretty much every assembly across the planet with procedures anything like our own does, and give some authority to the Lord Speaker. That authority has slowly accrued over the years since the post was established, to more or less universal agreement. We now actually have the Lord Speaker announcing business, and we have had, as my noble friend Lord Blunkett said, the Lord Speaker announcing who is going to speak next. I do not want there to be Stalinist control, but light-touch control from the Woolsack seems the best way of dealing with things. This was neither of the options on the ballot paper, if I can put it in those terms, when the House was consulted. I certainly support that amendment, and I really hope that the House can think again about the idea of a rigid speakers’ list.

One final point: a rigid speakers’ list is a huge change in our procedures. Since I have been here, every other major change in our procedures has always been introduced initially for a trial period, usually for six months, to test the water. If the House decides to go ahead with this system without accepting the amendment, which I hope does not happen, I feel very strongly that, after six months of operating with rigid speakers’ lists, we should have the opportunity to decide whether we want to make this permanent.

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

I advise noble Lords that the speaking time is about five minutes.