My Lords, my amendment will not take a moment to explain and is very simple. It is relevant only if the House decides to change the sitting hours by rejecting the amendments moved by my noble friends Lord Forsyth and Lord Taylor. My proposition is that, before committing itself to the change as proposed by the noble Lord, Lord Gardiner, the House should simply do what it has done on previous occasions when considering far less radical changes to its procedures. In those cases, the House has piloted the changes first and then decided whether they should be made permanent in the light of experience, rather than taking a leap in the dark.
The House trialled adding explanatory statements to amendments in 2018, and that was made permanent in 2019. In 2015 it piloted a new process for allocating Questions by ballot in the recess, and that was made permanent with minor changes a year later. Earlier, we trialled a new procedure for repeating Urgent Questions, and that was made permanent after a year. Those changes are all trivial compared with the proposition before us today, with all the implications that have been set out so clearly in the speeches we have heard and are going to hear.
When I was in the other place and voted on similar changes to the sitting hours in 2005, the changes were agreed to on an experimental basis. I do not need to tell your Lordships that changes to the sitting times have a far more dramatic effect on your Lordships’ House than on the other place, because although we are a full-time House, we have part-time Members. One of the strengths of your Lordships’ House is that expertise, and the changes could have an impact on the availability of that expertise.
Therefore, before taking the plunge—the Motion does not even call for a review—we should simply do what we have done before. I believe this to be best practice: we should pilot the changes for up to four months. We should then decide whether to make it permanent, and with a measure that is potentially as divisive as this one is, I believe that a pilot is the best way to resolve the conflicting views on the impact of change. We will then have evidence which we do not have at the moment. I am cautious about the binary approach we are presented with; I prefer a dress rehearsal before the curtain goes up.
Finally, I hope that my amendment will be supported not just by those who are fearful of change but by those in favour. If they believe the change to be beneficial, they have nothing to fear. Therefore, if the earlier amendments are defeated at the appropriate time, I will move my amendment.
My Lords, just to try for a moment to inject a sense of proportion into this debate, we are discussing in essence whether on two days of the week instead of finishing at 10 pm we should finish at 8.30 pm, with corresponding earlier starts on those two days. It is not the red revolution; it is a minor procedural change.
I would like to inject something that is rarely injected into these kinds of debates and offer to the House one or two facts—not opinions; these are facts. When I was Chief Whip, in the long reaches of the night—you never leave the building when you are Chief Whip, as I know people who have filled the post will confirm— I would occasionally get bored waiting for the place to finish. You walked round the Palace of Westminster—this was after the Commons had changed their hours—and the place was like the “Mary Celeste”. The only place where there was a sign of life between 9 pm and 10 pm was in this Chamber—I have no reason to believe that it has changed.
I took the step of carrying out an independent piece of research to record the number of people in the Chamber between 9 pm and 10 pm, not including of course the people who had to be here: that is, the staff; the person in the chair, who is a Member; usually two on the Government Front Bench; two on the Opposition Front Bench; two on the Liberal Front Bench and maybe one on the Cross Benches. Therefore, six or seven people have to be there—if you like, it is their job. However, the numbers I was interested in were of the people who were there by choice, who as Back-Benchers chose to come in. I had to give a wry smile at the comment from the noble Lord, Lord Forsyth, that the current arrangement enables us to “draw on the talents” across the House. All I can say is that it draws on a very small number of talents across the House between nine o’clock and 10 o’clock at night. These are the figures—I do not mind putting them in the record. I have all the facts here: it is one of those things that you very nearly throw out of your filing cabinet time and again.
This was from 2003, but it has not really changed much. Attendance of Back-Benchers between 9 pm and 10 pm: 10 February, Courts Bill, six; 17 February, Community Care (Delayed Discharges etc.) Bill, six; 24 February, Licensing Bill, six; 25 February, Crime (International Co-operation) Bill, three; 24 March, five; 31 March, 12; 7 April, seven; 10 April, two; 18 May, three. Those are the people participating in the procedures of the House between nine and 10 o’clock at night who have the choice whether to participate or not.
(2 years, 8 months ago)
Lords ChamberMy Lords, I will make three brief points in support of the amendments of the noble and learned Lord, Lord Judge. The first follows a point made by the noble Lord, Lord Blunkett, who has just made a forceful speech. As my noble friend Lord Cormack mentioned in an earlier debate, I was my party’s spokesman and I was in the shadow Cabinet of William Hague, now my noble friend Lord Hague, when the Bill establishing the Electoral Commission went through. As the noble and learned Lord, Lord Judge, implied, had the Blair Government sought to include these two clauses in that Bill, my party would have strongly opposed that. They conflict with the recommendation of the Neill commission’s report that
“An Election Commission in a democracy like ours could not function properly, or indeed at all, unless it were scrupulously impartial and believed to be so by everyone seriously involved and by the public at large.”
If it was right for my party to oppose those clauses then, it is right to oppose them today.
Secondly, I respectfully disagree with the argument in defence of the Government’s position put forward by my noble friend the Minister on March 10:
“It is entirely appropriate for the Government and Parliament to provide a steer on electoral policy … By increasing policy emphasis on electoral integrity … the Government are seeking to prevent interference in our democracy from fraud, foreign money and hostile state actors.”—[Official Report, 10/3/22; col. 1643.]
It is not the Electoral Commission that requires a steer, for example, on the importance of protecting our democracy from foreign money; it is the Government. The steer that my noble friend described—the statutory requirement to
“have regard to the statement”—
should be in precisely the opposite direction to the one in the Bill.
My third and final reason is related to the first. I have left the Government five times, which is more than anyone else in the Chamber—even the noble Lord, Lord Blunkett. Once was at the request of the electorate in 1997 and three times were, sadly, at the request of the then Prime Minister, but the last was of my own volition, one month after the current Prime Minister took office, when he illegally prorogued Parliament. That was the first of a number of steps that injure out democratic institutions—in that case the House of Commons. It was followed by the failure to defend the judiciary from the “Enemies of the People” attack by the Daily Mail, the attempted interference with the verdict on Owen Paterson, the resignation of the Prime Minister’s independent adviser Alex Allan—instead of the Home Secretary—and the evident disregard, shown from time to time, for the role of your Lordships’ House and the Ministerial Code. These clauses are another step in the same direction; they are disrespectful of the ground rules of our constitution, and they should not be in the Bill.
My Lords, we have heard three splendid speeches, and I intend to be very brief. I will pick up on a comment made by my noble friend Lord Blunkett, who is of course quite right that the public will not be interested or involved in the details of this legislation. But I have no doubt whatever that they have an acute sense of fairness. In Committee, I suggested that, for the Government to give instructions to the Electoral Commission is akin to a party in a football match—one of the two teams—giving instructions and guidance to the referee prior to the match. I do not think that anyone in Britain would think that that was a fair situation. I do not think that anyone could seriously contend that that is not what would happen if these two clauses become law.
What I find particularly persuasive is that this letter from the Electoral Commission, which many of us have, is, unsurprisingly, signed by every single member bar the Conservative nominee—I make no criticism of the fact that he did not sign it, but it was signed by everyone else. It argues against these two clauses. As they say,
“It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Government to guide the work of the Commission – is inconsistent with the role”
of an “independent electoral commission”. If anyone is wavering on this, just substitute the words “Conservative Party” for “Government”. It is nothing to be ashamed of, and I strongly support political parties; I have been in one all my life and I would go as far as to say that they are the lifeblood of our democracy. I do not regard as superior human beings those people who have not joined political parties. If we substitute the word “Government” with “Conservative Party”—because of course Governments consist, in the main, of one political party—it reads as follows: “It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Conservative Party to guide the work of the Commission – is inconsistent with the role of an independent electoral commission.” Is there anyone here who could possibly dispute that statement? Forgetting about the Government for a moment, for one political party in a contested situation—which is precisely what elections are, which is why they can get fraught and need adjudicators—to give an instruction to the referee, or the Electoral Commission in this case, is clearly inconsistent and unacceptable as part of our electoral procedures. I urge everyone to see the fairness of that argument and to support the amendment from the noble and learned Lord, Lord Judge.
(5 years, 5 months ago)
Lords ChamberMy Lords, given the Government’s advocacy and indeed imposition in many parts of the country of directly elected mayoral systems, and given the enormous pressure on local government finance, will the Minister tell us whether these new systems represent good value for money in comparison with more traditional methods of local government administration? If he does not have precise figures to hand, is it not worth at least examining the comparative costs of the two systems of local government?
The Government have not imposed mayors on parts of the country; they have elected to have mayors. There has been no imposition. In all the cases involving combined authorities and local mayors, local government has come to the Government and asked that these powers be given to them. I think the noble Lord will find that he is misinformed that we have imposed this structure on local government.
(5 years, 6 months ago)
Lords ChamberThe Bill introduced by the noble Lord, Lord Grocott, has had more time than any other Private Member’s Bill this Session, and many of us have spent enjoyable Fridays making progress on it. It is open to the noble Lord, if his appetite is unquenched, to ask my noble friend the Chief Whip for yet more time to progress with his Bill. I know that the current chair of HOLAC, the noble Lord, Lord Bew, takes this matter seriously. Since 2012, HOLAC has appointed seven women and five men.
My Lords, yesterday I read the recently published UK Gender-Sensitive Parliament Audit 2018, which made the point that the noble Baroness has just made. The number of applications that HOLAC receives from men far exceeds the number from women. I agree that there is a role for all of us in driving up the number of applications from women. Perhaps I could write to her on her question about the percentage of senior appointments.
I am greatly encouraged by the Minister’s suggestion that I ask the Government Chief Whip, the noble Lord, Lord Taylor, for more time. I therefore ask him for more time.
I may be in some trouble with my noble friend but that was actually in my brief.
(5 years, 6 months ago)
Lords ChamberAt the beginning of his questions, my noble friend generously suggested that I might write to him. It is an offer which I accept with alacrity.
My Lords, could the Minister resist any temptation to spend too much time, energy and public money on dealing with all these questions? Of course, the simple way to avoid all the difficulties that Members have identified with these elections would have been to observe the decision of the British people in 2016 to hold no more of them. Can he help the House, at least in one respect, to avoid any further waste of money? There was a reference in his Statement to the fact that full funding was provided to returning officers for all their needs; I am sure that is the case. Can he tell us precisely what the cost to the taxpayer has been for holding these totally unnecessary elections; or, if he does not have the information available now, can he put it in the Library?
I agree with the noble Lord that, had the other place agreed the withdrawal agreement that was put before it, we could have avoided these elections. It so happens that I have in front of me some information relating to his question. The cost of the last European elections was £109 million, but that was shared with local elections. The amount of money set aside this time, when they did not coincide with local elections, was £159 million.
(5 years, 7 months ago)
Lords ChamberI am grateful to my noble friend. We have invested £1.9 billion in the national cybersecurity strategy for precisely the reason that he has outlined: to resist interference in the electoral process. Estimates of the reach of the Russians suggest that 105 accounts reached 16,000 people during the referendum campaign, in many cases simply amplifying arguments in circulation. The majority was 1.3 million. I honestly do not think that one can attribute that majority to the activity of Russian spooks.
My Lords, of course it is essential that we have maximum transparency in all organisations involved in referendum campaigns, general election campaigns and the like, but does the Minister agree that we need maximum transparency also on the part of those well-financed organisations whose aim is to reverse the result of referendums? I refer of course to the People’s Vote campaign, which is a campaign to reverse the vote of the people in 2016. It is massively well financed, with opinion polling across the country in individual constituencies and with leafleting and campaigning—I have kept many of its documents because it kindly sends them to me as well. Will he ensure that, in any future investigation into transparency, organisations such as the so-called People’s Vote campaign are included?
Were there to be another referendum, there would need to be primary legislation, which would give an opportunity to the noble Lord and others to see whether the current legislation is adequate. Anybody taking part in any future referendum would have to register as a political party. There are maximum spending limits on such activity and there is the necessary transparency associated with it, but I take on board the warning from the noble Lord.
(6 years, 2 months ago)
Lords ChamberI am grateful to the noble Lord. My noble friend Lord Foulkes spoke with passion and eloquence on behalf of the 700,000 people who marched. If I can say a word on behalf of the 17.4 million people who voted leave, it is this: ever since the referendum result was declared—this just another step along the way—there has been an unremitting campaign to try to discredit or, at best, reverse the result of the referendum on numerous different fronts, of which this is just the latest example. Can the Minister put this all in perspective and recognise that the 17.4 million people who voted leave were not all duped by the Russians and were not all ignorant about the issues which were before them? All they asked was this simple request, which we want the Government to get on with: to leave the European Union.
The noble Lord will know that after the referendum the relevant legislation was passed through both Houses. Legislation will shortly be introduced, following a successful negotiation with the European Union. I share his wish, as much as anybody else, that this whole matter be brought to a conclusion swiftly and cohesively, and we can then move on to other matters.
(6 years, 2 months ago)
Lords ChamberDoes the Minister agree that if any management techniques such as red, amber and green flags were available in the 1830s, the London to Birmingham railway would never have been built and there would have been red flags against pretty much everything? Will he ignore the Jeremiahs and get on with the project of building HS2, which is of huge importance to the West Midlands? It is a clear statement of confidence in the future.
I say to the noble Lord that I was around 20 years ago during the gestation of HS1 and precisely the same arguments were adduced against that: it was environmentally unsustainable; it was not value for money; there were other, greater priorities. I do not think that anyone in your Lordships’ House today would now argue that we should not have gone ahead with HS1. My own view is that in 20 years’ time, or whenever HS2 is complete, the same view will be taken of HS2.
(6 years, 5 months ago)
Lords ChamberMy noble friend raises an interesting question. I think the honest answer is that all countries in the West have to wake up to a new form of conflict where military and non-military weapons are joined together in an integrated and dynamic way in order to achieve political aims. My noble friend is right: Russia is at the forefront of this so-called hybrid warfare, with a wide spectrum of capacity which has the potential to damage political and democratic institutions. That impacts on a wide range of government departments, and we have to make sure they are correctly aligned to see a proper response to this very real threat.
Does the noble Lord, Lord Young, agree that it might be helpful for the Electoral Commission to direct its attention to an aspect of our elections in this country, namely the system of by-elections for replacement of hereditary Peers? Can he confirm that there is one taking place next Tuesday in which the statistics are as follows: 31 electors and 19 candidates? To make it even more absurd, the total number of people—that is, hereditary Peers—who can take part constitutes 0.004% of the electorate in Britain. Is there any electoral system anywhere in the world quite as ridiculous as this? Will the noble Lord please do the very simple thing, which is to acknowledge this and to support a Bill to scrap them?
I commend the noble Lord on his persistence and ingenuity in campaigning tirelessly for his Private Member’s Bill. He refers to an anomaly. This was introduced in 1998. If it was so absurd, why, for the next 12 years, when his party was in office—when he, indeed, was Chief Whip—did he allow this anomaly to remain on the statute book?
(6 years, 7 months ago)
Lords ChamberI gently suggest to the noble Lord, Lord Young, that he would not be answering 15 questions if he could give us one answer. The answer that I would like him to give us is the one that was presented by the Burns report, which has been largely accepted by the House, and indeed implicitly by the Government; that is, the completely anomalous position of having 92 protected places while trying to reduce the size of the House, so that, following last week’s vacancy caused by the retirement of Earl Baldwin, this House will be by law obliged—against its policy—to replace that exiting Peer with a new Peer. If the Minister will simply answer yes to my question of whether the Government will put an end to that anomaly, I guarantee that he will not get any more questions from me.
There are, however, many others who might fill the gap. The noble Lord, Lord Grocott, was the first to admit that his Bill would have but a marginal impact on the size of the House, which is the subject of this debate, dependent as it is on the mortality of the hereditary Peers—none of us would wish to see that accelerated. So far as his Bill is concerned, as I said when he asked a question last week, unusually we have offered additional time to him. There will be another Friday when he can take the Bill forward and I have made it absolutely clear that the Government will not obstruct it. It is up to him and the House to make progress with the additional time that we will make available.
(6 years, 7 months ago)
Lords ChamberI do not have the mental capacity or the bandwidth to work that out. Fifty? Sixty? Any advance on sixty? [Laughter.] I notice some jostling for position on the Liberal Benches. I am sure that by the time the House rises someone will have worked out the exact proportion and how many Liberal Democrats ought to go.
I think the noble Lord, Lord Young, will find himself on pretty thin ice if he is suggesting that there has been some kind of fairness between the two major parties over the last couple of decades and the last few Prime Ministers. I remind him that when Labour came into office in 1997, with a majority of around 170 in the House of Commons, it had a deficit of around 250 to 300 in comparison with the Tory representation in this House, and it took nine years, until 2006, until Labour even became the biggest party in the Lords. They of course were the only nine years in the Lords’ history when the Labour Party has been the biggest party. It took the Tories just four years after 2010 to reassert their traditional position of being the biggest party in this House irrespective of the results of general elections. So the Minister needs to be a bit more cautious in talking about the peerage-awarding powers of Prime Ministers when Labour has been at such a massively consistent disadvantage.
I take the noble Lord’s point, but the base from which the two parties were starting in 1997 and 2010 were totally different. That is why it took the Labour Party longer to catch up.
(6 years, 7 months ago)
Lords ChamberTo ask Her Majesty’s Government, in the light of the Lord Speaker’s announcement of the retirement of Earl Baldwin of Bewdley on 9 May, what is their policy on by-elections for hereditary Peers.
My Lords, we are committed to ensuring that the House continues to fulfil its constitutional role as a revising and scrutinising Chamber effectively, including by working with others in your Lordships’ House to address the question of its size. That policy extends, of course, to any questions on the composition of the House. We should of course also offer the noble Earl, Lord Baldwin, the very best for his retirement.
Well, that was an amiable Answer —but in no sense an answer to the Question that I asked, which was about the policy of the Government on hereditary Peers’ by-elections. Will the Minister confirm that the retirement of the noble Earl, Lord Baldwin, means that a by-election—we shall call it a parliamentary by-election—will be taking place, the electorate for which will be 31 hereditary Peers, and that the list of those eligible to stand as candidates in the election will consist of 198 hereditary Peers, 197 of whom are men?
The Minister is straightforward with this House and he has a sense of humour, so I hope that he shares the view of the overwhelming majority of this House that these by-elections are now beyond satire. They are ludicrous and indefensible. If he does think that—although he keeps his face very straight as he looks at me—I hope that he will be able to announce that the Government will do something popular and announce that these by-elections will be ended by supporting my Bill, and that this by-election, which we will be forced to go through, will be the very last of its kind.
My Lords, the noble Lord’s Bill had an unopposed Second Reading on 8 September and on 23 March useful progress was made in going through the amendments. The Government are prepared to allocate yet further time for the Committee stage of the Bill—a hospitality not normally extended to a Private Member’s Bill, as the noble Lord, himself a former Chief Whip and custodian of Fridays, will know. The use to which the House puts that extra time is a matter for him and for the House.
So far as the by-election is concerned, it will contain, I suspect, the most sophisticated and discerning electorate, comprising 31 Cross-Bench hereditary Peers.
(7 years, 2 months ago)
Lords ChamberTo ask Her Majesty's Government what is their assessment of the legislative arrangements giving rise to the Register of Hereditary Peers who wish to stand for election to the House of Lords.
My Lords, the House of Lords Act 1999 provides for Standing Orders of the House to make arrangements for the replacement, by elections, of hereditary Peers who are Members of this House. The Standing Orders provide for the register of hereditary Peers. Therefore, these arrangements are a matter for this House.
That was not really an Answer to the Question. I just ask the Minister to confirm that, of the 198 names on the register of those who are eligible to stand for by-elections for vacancies among hereditary Peers, just one is a woman and none is from any of the ethnic minorities. Should not those two facts alone convince us all that this system is not just ludicrous but totally indefensible? I have a very simple question for the Minister and, if he could just answer with a yes, we could move on to the next Question. Will the Government do something that will hurt no one and cost nothing—that is, back my Bill, which would scrap this whole ludicrous system?
I am grateful to the noble Lord for that question. Moving on to the next Question would not help me at all, as I have to answer that one as well. As he will know, when I replied to the Second Reading debate on his Bill, I said, referring to the specific anomaly that he referred to, that as a consequence of the current arrangements we have a system that is very difficult to defend in equality terms, and that reflected the views expressed. However, I went on to say that there is an exemption from the Equality Act for this arrangement. The Equality Act 2010 provides that neither a life peerage nor a hereditary peerage, as a dignity or honour conferred by the Crown, is a public or personal office for the purposes of the Act. So Parliament specifically exempted these provisions when it passed that piece of legislation.
(7 years, 5 months ago)
Lords ChamberI heartily agree with my noble friend. His constituency was made unwinnable by the Boundary Commission; mine was actually abolished; I am not quite sure which of us came out of it best. So far as his question is concerned, it would be an affront to democracy if the proposals of the independent Boundary Commissions were obstructed.
Is it not also an affront to democracy that the strategy of this Government has been to plan a reduction of the number of MPs from 650 to 600, while in the same period increasing the size of this House by 240-plus life Peers? Could the Minister explain the thinking behind this situation?
The noble Lord will know that the coalition Government sought to reduce the number of noble Lords by a very substantial number, but because of the failure of his party in the Commons to support it, that Bill did not go through. He will also know that the Lord Speaker has set up a committee under the chairmanship of the noble Lord, Lord Burns, which I understand may report in July. There is a consensus across the House that the numbers need to come down. We look forward to the noble Lord’s proposals, to see how that might be delivered.
(7 years, 8 months ago)
Lords ChamberMy noble friend takes a keen interest in matters psephological. He is quite right that a large number of people who have retired will be taking their holiday in June. The Electoral Commission is aware of this propensity and, as part of its campaign to encourage people to register to vote, it will be taking on board the necessity to remind people who are going to be away that they should vote by post. I suspect that the political parties will be taking similar initiatives.
Will the Minister explain what principle he is defending? He seems to be saying that someone who has lived and worked abroad and has not paid taxes or lived in the United Kingdom for, let us say, 50 years, and has not even been on an electoral register in the United Kingdom to tie him or her to a particular part of the United Kingdom should have exactly the same rights in determining who the Government of the United Kingdom should be as a lifetime resident of this country.
British citizens living abroad have been entitled to vote ever since I have been a Member of Parliament. Initially, it was 20 years, which was then reduced to 15 years. So the principle that the noble Lord seems to object to has already been conceded; the debate is where you draw the line. At the moment, it is 15 years. My party stood on a manifesto to increase it. Those who have lived abroad for more than 15 years quite often have families in this country and connections in this country, and in many cases they may want to return to this country, so it is perfectly right that they should be enfranchised for future elections.