Business of the House

Lord Hamilton of Epsom Excerpts

Thursday 25th July 2024 Lords Chamber

[Lord Grocott (Lab)]

My Lords, I never quite thought this day would come. We have had endless Private Members’ Bills and numerous discussions on the Floor of the House, and now we have recognition, which I am delighted about, from the usual channels that to hold two further hereditary Peers’ by-elections at a time when Parliament was considering ending such elections would make us even more of a laughing stock than these by-elections do in any case.

I have to say it slowly: this almost certainly means the end of hereditary Peers’ by-elections. That is wonderful as far as I am concerned. It means an end to the clerk having to moonlight as a returning officer; it means an end to me having to give observations on the political significance of a particular by-election as and when it is declared; and of course it means that I shall not fulfil my ambition, which was to become the House’s equivalent of Professor Sir John Curtice in relation to by-elections. I should say as well, just as a general observation, that it means an end to elections that are men-only elections and an end to elections such as one where there was an electorate of three and six candidates—unknown in the western, eastern, northern or southern world, as far as I know.

So the time has come at last, in a puff of smoke on a damp Thursday morning, when these wretched by-elections will come to a conclusion. I simply say to the noble Lord, Lord Moylan: know when it is over.

[Lord Hamilton of Epsom (Con)]

My Lords, I agree with the noble Lord, Lord Grocott, that hereditary by-elections are probably now coming to an end. That does not stop this move being illegal; it is against the set-down rules, which is rather strange from a party whose leader was Director of Public Prosecutions and was dedicated to obeying the rule of law. The problem, of course, is that none of us in this House is legitimate; we are all appointed by one body or individual or another, and the only people who are elected by anybody are the hereditaries—so, in many ways, they have a superior right to be here than we do.

[Lord Strathclyde (Con)]

My Lords, this is obviously a very notable victory for the noble Lord, Lord Grocott, for the noble Baroness, Lady Smith, and for the Labour Party. I pay tribute to all those who have been elected in the by-elections over the past few years. There are an excellent number on our party Benches, on the Cross Benches and right across the House, and I think these by-elections will be much missed. But I support my noble friend Lord Howe and I think he has done the right thing. It will be for history to decide in the future on the contribution of these by-elections—but I think history will note that perhaps it was better to have the Peers voting for one of their own rather than just being ticked in the box by the Prime Minister.

[Baroness Smith of Basildon (Lab)]

My Lords, sometimes all that is at stake is to do the right thing by your Lordships’ House. Many noble Lords approached me, the Leader of the Opposition and indeed the Convenor to say that they did not feel that this was the right time to hold such by-elections. If that is the will of the House, that is what the House should seek to do.

On a point about the rule of law, can I just correct noble Lords? I am not a lawyer and I do not know whether the noble Lords, Lord Moylan or Lord Hamilton, are, but my understanding of the law is that the House of Lords Act 1999 and the House of Lords Reform Act 2014 both stipulated that by-elections should take place. They did not say how they would take place; that was a matter for the Standing Orders of your Lordships’ House. So in no way does the proposal before your Lordships’ House on the Standing Orders breach legislation. Previously, under Covid, we suspended the Standing Orders; in this case we are seeking merely to amend them for a limited time period to allow the House to debate the legislation that it has before us.

Other comments will be made as we go forward on the legislation itself. I do not think that any Member of this House has anything other than respect for all Members of the House, by whichever method they arrived here—but what we are seeking today is to have a common-sense approach within the law to deal with the by-elections. The one regret I have is that I will not get to listen to my noble friend Lord Grocott quite so often.

[Lord Hamilton of Epsom (Con)]

Could the noble Baroness tell me whether life peerages have been offered through the usual channels to oil this deal?

[Baroness Smith of Basildon (Lab)]

I have to say, my Lords, that I have found it quite extraordinary that throughout the King’s Speech debate Members of the party opposite, often from the Front Bench, have thought that this issue was the most important issue for them. Could I suggest to the noble Lord that he waits and has a little bit of patience, because we will have a Bill and we can debate all the issues then?

NATO Summit

Lord Hamilton of Epsom Excerpts

Tuesday 18th July 2023 Lords Chamber

[Lord True (Con)]

My Lords, interoperability is obviously important—I agree with my noble friend on that, at least. When I made reference to Ukraine’s accession, I said that interoperability is important. What we face here is the most brutal and disgraceful challenge to the international order seen in modern times. More people have perished in that country than in any NATO country in the post-war era. I believe that we need to be absolutely solid in the face of the Russian Government. They must understand that no advantage or chink of gain will come from this aggression. I appeal to my noble friend to play his part in that.

[Lord Hamilton of Epsom (Con)]

My Lords, like the noble Lord, Lord Campbell of Pittenweem, I am a member of the NATO Parliamentary Assembly and I agree with him completely about the importance of the accession of Finland and Sweden to NATO. Does my noble friend the Minister agree that that is very important, not least because one of Putin’s excuses for invading Ukraine was that he did not want to see the expansion of NATO, but NATO has expanded as a result of his invasion, which will have caused him quite a bit of difficulty?

The noble Lord, Lord Newby, raised the issue of European defence. It is worth making the point that NATO is an alliance; it may well be defending Europe but it does not look mainly to EU members to do so. It is always well worth bearing in mind that, prior to the entry of Sweden and Finland, 80% of NATO’s expenditure came from countries outside it. Does my noble friend the Minister agree with Jens Stoltenberg, the Secretary-General of NATO, that the European initiatives to create a defence identity will inevitably lead to duplication and unnecessary expense?

[Lord True (Con)]

My Lords, I agree with everything my noble friend said. Indeed, in an earlier answer I reported the specific comments that Secretary-General Stoltenberg made in relation to this question of the EU and NATO. It is fundamentally important that we are allies, but it is equally fundamentally important that nothing must be done that undermines or conflicts with NATO obligations and the central role, as my noble friend said, of NATO, involving the US and Canada, in this extraordinary commitment to the common defence of our continent.

House of Lords: Governance

Lord Hamilton of Epsom Excerpts

Wednesday 8th December 2021 Grand Committee

[Lord Hamilton of Epsom (Con)]

My Lords, it seems a very long time ago that the Senior Deputy Speaker opened this debate, which he did with the question of who runs this House. With all due respect—which means I disagree with him—I think he should have asked who owns this House, because we do. My noble friend Lord Eccles raised the question of whether we are like a limited company—no, we are not, and we are not like a charity, such as Samaritans, the chair of which authored the External Management Review.

We are more like a partnership, and noble Lords are all the partners in this business. Everybody else serves us—they are our servants. So, when the noble Lord in his opening remarks said that we are run by this committee and that committee, we have appointed those committees. We must always remember that they would not be there if we had not passed some Motion through the House to ensure that they were there.

Perhaps the problem is that they have taken on a life of their own and have not become as accountable as they should be to us, the Members in this House. I cast my mind back to when it was decided that we should no longer have retired three-star people from the Armed Forces as Black Rod. It is interesting that that decision was taken. Who took it? I do not remember being consulted on the issue. I think it is rather important that we have an input as to who Black Rod should be. When the new Black Rod we have now was appointed, many of the powers of Black Rod were transferred to the Clerk of the Parliaments. When we read the External Management Review, it says that the Clerk of the Parliaments is overloaded with responsibilities, so it does not seem to have been a very clever move; therefore, the justification for having a Chief Operating Officer was because the Clerk of the Parliaments was overloaded.

Personally, I get a bit disturbed when we start creating new posts costing tens of thousands of pounds, because one of the remits of the external management review was to save money. I have to tell noble Lords that we will not save money by creating new people in big positions such as Chief Operating Officer. Therefore, the question I have for the Senior Deputy Speaker is this: did we consider reinstating the powers and building up the position of Black Rod so that they could take over many of the new responsibilities that have been given to the Chief Operating Officer? Had that happened, I think we would be in a very different position today.

As it is, we have had this report from the man who runs the Samaritans—I used to be a Samaritan. I was rather surprised because, had he written a report similar to this for the Samaritans, he would have started out with a mission statement as to what the Samaritans are all about. You need mission statements at the beginning of long, complicated reports because they become referral points as to whether you are actually doing what the mission statement says. Our mission statement should be quite short and simple: it should be that we hold the Government to account and try to improve legislation as it passes through Parliament. That would be quite enough and we would have something to refer back to but, as my noble friend Lord Strathclyde said, there was no mention in this External Management Review of the Members. It should have mentioned the Members because we own the whole of this outfit, and the whole point of what this House is doing is that we should be served properly to meet the mission statement of what we are trying to do.

What I shall do, if it is all right with the Senior Deputy Speaker, is give him a bit of advice. We have to get much more open about what is going on and get away from this concept that things are being done in our name without our having any input whatever into what happens. I think that he should come to our House at least twice a year and do two things. First, he should produce proposals. If there is tremendous controversy about whether the clerks should wear wigs and what uniforms they should be in, why do we not have a stimulating debate on it? There are obviously arguments on both sides: I am sure the clerks will claim that they are hot and sticky and expensive to maintain but, on the other hand, my noble friend Lord Howard of Rising thinks that they are part of our tradition and we should go back to them. Let us debate it and make the decision on the Floor of the House, then everybody will be happy because we all abide by democratic decisions. I think that, when he has radical proposals, he should bring them to the House and we should debate them and vote on them, not slide them through as orders on a Monday when the thing has only been put down on a Thursday afternoon and nobody has noticed. Give us early notice, give us the facts at our fingertips and let us debate and make a decision on it. We believe in democracy, and that is what we should do.

The other problem with the Shephard report, as the External Management Review says, is that it made endless recommendations but none of them were followed through. So the Senior Deputy Speaker should also produce progress reports on decisions that have already been taken and are taking time to get through to say how well they are doing. We need much more openness about the way we operate. I think that the Senior Deputy Speaker will then get the support of Members of your Lordships’ House for what he wants to do.

--- Later in debate ---

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My Lords, this has been an illuminating and instructive debate. A lot of ground has been covered. I am not going to be able to respond to all the detailed points, inevitably. That may please your Lordships but I do not want any noble Lord to think, because of the very detailed and important points that have been made, that I have not made a note, because I definitely have. We need to work on them.

The noble Lord, Lord Strathclyde, mentioned interest. I actually think that we should up our game. All noble Lords are here because they have a deep commitment to this House and what it does for this nation. I am looking at a lot of people who have served the public interest for a very long time. Our job and task, in my view, is to be the custodians of our generation and hand over a House that can continue the absolutely vital role I believe it needs to fulfil for our country.

The noble Baroness, Lady Noakes, referred to self-regulation. In point of fact, we had a consideration only last week of how, as a House, we wanted to proceed in terms of self-regulation. I believe that it is a very cherished principle and a sign of the maturity of this House.

The noble Baroness, Lady Bennett of Manor Castle referred to, sort of, anarchy—I believe that our self-regulation is about a responsibility that we all have to maintain order and ensure that business is conducted properly. I think it is incumbent on all Members to respect the House’s traditions of self-regulation, mutual respect, forbearance and courtesy. I have been looking very carefully at the conduct of Question Time, and I think that what was missing—that vibrancy—has in fact come about. I very much hope that those noble Lords who were concerned about this will, with time, agree—the noble Baroness is shaking her head, but I think she should give this a little longer rather than taking a view only three days in.

When it comes to the governance of the House, there have to be formal arrangements. We obviously have the custodianship of public funds and powers that are vested appropriately in staff such as the Clerk of the Parliaments and indeed committees, such as the commission. I have noted the point about the commission. I have to say that, having been at Defra for six years, I came back and suddenly found that there was a commission, and I am now seeking to work within the commission, but also to make this House breathe. One thing that I felt very strongly about, in accepting this great honour, is that our purpose is to make the House flourish, not ensuring that the reverse happens. My experience—I am so glad that the noble Lord, Lord Touhig, is here and, indeed, during the passage of this debate, members of usual channels, all of them very busy—is that there is not a single person I know of both Members and staff who does not wish the very best for this House; they are united in that purpose.

So, we need to do better. We need to do better not only in our internal communications with noble Lords but in the very important point, in my view, that has been raised by the noble Lords, Lord Haselhurst and Lord Wei, and the noble Viscount, Lord Stansgate, at the end about ensuring that the House of Lords is represented properly and fully in the national discourse. That is where we should be promoting the work that we do. That is why I want to highlight the tireless work of staff in promoting the work that your Lordships undertake. Everyone always looks at the dark side, unfortunately, but since our return from the Summer Recess, there have been 2,968 print or online articles or broadcast features about the work of the House of Lords committees, a clear reflection on the experience and expertise of the House.

I also want to say something to the noble Baroness, Lady Buscombe. I absolutely am in tune with her that we need to ensure that we engage with the widest range of talent to come to work in the House from all members of the public and all parts of the country. We need to be open and professional, and all of us—I know that everyone here does—need to treat everyone with courtesy and respect.

I have a great sheaf of questions to answer, which will be impossible in the time, but I want to run through some very important features of what has been discussed. The noble Lord, Lord Haselhurst, referred to joint working with the House of Commons catering service. That is tremendously important; I know that our catering and retail services collaborate very effectively in joint working. Indeed, the senior management of both teams meet weekly to share best practice, ideas and solution and to ensure that we align strategically and operationally—gosh, that is quite a lot of jargon, but I hope that noble Lords will understand what I mean. It is valuable that the noble Lord, Lord Touhig, is here as he chairs the Services Committee. These are areas where this collaboration can enhance what we have and ensure that noble Lords are well equipped with what they need. Digital was mentioned in particular, I think, as another success of innovation.

Fire evacuation was mentioned. I mentioned in my opening remarks that the Services Committee has that under review and consideration. If noble Lords are concerned about any issues of that variety, I know that the noble Lord, Lord Touhig, and the Services Committee actively want to ensure that the House has the services it requires.

The noble Viscount, Lord Eccles, referred to two excellent reports. I attended their webinar launch, and the Government will respond in due course. They highlight the fine examples of what the House does best: detailed, expert, cross-party scrutiny of issues of national importance. I always think it is a great mistake to give an uninformative answer, whether to an Oral Question or a Written Question, because all it does is invite further questions, so my encouragement is always to answer the question.

The noble Lord, Lord Wei, mentioned innovation again. I am not very technical myself, but I am committed to the view that we should be road-testing laws, as he mentioned. I am glad, for instance, that the Liaison Committee has yet again proposed a post-legislative scrutiny committee.

The noble Lord, Lord Strathclyde, referred to confidence. One reason why I think that this debate, which we will carry on by varying forms, is essential is because I want this House to be confident of itself. I am not sure that I feel part of an ownership of the House of Lords; I see us as custodians of a hugely important institution. It is of enormous import. I certainly see confidence as part of my responsibility: to work with noble Lords to make sure that they are confident in how this House is run.

A number of points were made about catering accounts and access to GPs. They are all matters I will be working on with the noble Lord, Lord Touhig.

Questions of workplace culture were raised by several noble Lords. The point has been very much hoisted, I assure noble Lords. Obviously we must all treat everyone, staff members, individually and collectively, with respect. We need to attend to how that can best work for noble Lords.

The noble Baroness, Lady Harris of Richmond, mentioned this: if there was ever a need to have hybrid working, for whatever reason, the technology is there, but this would need to be agreed by the House.

The noble Lord, Lord Shinkwin, referred to a number of matters. My door is, as they say proverbially, open, as is the Lord Speaker’s. Noble Lords are not employees and are not salaried, but we want to ensure that all noble Lords can participate. That is why I am very pleased that we were able to work a system that has enabled virtual contributions for Members with long-term disabilities. At its meeting next week, the commission will also consider the issue of allowances claimable by Members with long-term disabilities who participate remotely.

A number of points were made about consultation—another word I have taken back. I say to the noble Lord, Lord Taylor of Holbeach, that that was one of the considerations I took back from 25 October, and before that. I think it was the noble Lord, Lord Rooker, who used the word “bounced”. I am determined that noble Lords are not bounced in any proposals that I am responsible for bringing forward. Unless it is an emergency, when it would be commonsensical that something had to be dealt with promptly, there will be proper time for noble Lords to digest and come back. I also pick up the point that, before it gets into that tube, an understanding and a consensus should be growing around a particular subject, because I assure noble Lords that I do not want to take back reports that have involved a lot of work because noble Lords were very unhappy about them. That is a waste of everyone’s time. I say that very strongly.

R&R was mentioned, including by the noble Lord, Lord Cromwell. Again, this is a key factor for our House and the other place which we must deal with responsibly. The figures are enormous. The chair of the Finance Committee—the noble Lord, Lord Vaux—was here earlier. This is a matter on which he and I and other noble Lords that are dealing with this matter, with responsibility from the House of Lords, are very concerned about.

The noble Lord, Lord Balfe, raised a point about allowances. This is a matter for the commission. The current system is not perfect, but it was felt at the time that the better option was to put in place a simpler and clearer scheme, rather than one that was increasingly complex, bureaucratic and could get us into difficulties. I do not want to say any more than that.

The noble Lords, Lord Balfe and Lord Davies of Brixton, and the noble Viscount, Lord Stansgate, spoke about the role of the COO. This decision was made before my time, but I understand that it was to bring greater capacity and, indeed, a range of experience. As I said specifically, this is not to do with our affairs in the Chamber or committees. Frankly—I can say this, but the Clerk of the Parliaments could not—this is about the enormous burden of responsibility we place on the Clerk of the Parliaments and to ensure that his role remains possible with all the other responsibilities he has. That is very important. I obviously want to ensure that we have the results and success that we all want from that appointment. One thing I will say off-script is that when I looked at some of our arrangements for management and administration, I thought there was quite a lot of streamlining and work still to be done. Doing that in those areas would be for the benefit of the House in terms of value for money and perhaps getting a less bureaucratic—I might even say Byzantine—system.

The noble Baroness, Lady Noakes, raised a point about the intent of the commission. I have attended those meetings since May, and I have never at any moment thought that our consideration—whether internal or external members, or individually or collectively—did anything but work for the best interests of the House and, of course, for the public we serve. I would also say, again in my experience, that the privilege of working with the administration and management is their focus on wanting to support and strengthen the House.

Two noble Lords raised the interesting question of why we have both a Finance Committee and Audit Committee. That came out of the Leader’s Group on Governance chaired by the noble Baroness, Lady Shephard. It was considered by the House Committee at the time and approved by the House, but this is obviously something I want to work through.

The noble Lord, Lord Desai, and others mentioned the Bishops’ Bar. Having used it all the time I have been here, I know that it is very highly regarded. This has been the subject of a Members’ survey; it is under active consideration by the Services Committee, which is keen to hear noble Lords’ views on this matter. We have to accept, with the current arrangements, that the Bishops’ Bar is a very small space; that is probably why we like it. But it is currently being used, I think very valuably, as the Covid testing centre. It is very convenient. I am now going there once a day to have a test because it is so straightforward and very easy and because it is an important thing to do.

On Stonewall, this is up for renewal and consideration in February of next year. In January, our HR director will be involved in considering the business case and return on investment for this membership and I am very grateful to noble Lords for some of the expressions that have been raised today, which I shall ensure form part of that consideration.

I have not answered all the questions, I know, and there are some clear ones, but I can sense I am starting to test the patience of noble Lords. I like the directness and frankness of many of my former noble friends—former in one sense only. I believe, and I think all noble Lords believe, or I hope they do, warts and all, that we have a vital role to fulfil. We must ensure that our governance and organisation support the House in carrying out that role. As well as having a continuous focus, as we do, on holding the Government to account, I think we should have a long-term perspective as to the custodians of this institution. I think the noble Lord, Lord Mann raised this. I did not agree with that all he said, but I think he hit on some very important points. We must be professional, responsible, respectful and inclusive. We must have the highest standards of governance for a public sector body and we must be mindful of our reputation and public expectations, mindful of the point of the noble Lord, Lord Strathclyde, that we are unique.

We must also have due regard and recognition to our culture, our history and our heritage. This was raised by a number of noble Lords, the noble Lord, Lord Howard of Rising, in particular. It is important that we all work together to find the right balance between these aspects of our work, between traditional virtues and modern best practice, so I am very grateful for the engagement of today’s debate. The Lord Speaker will be holding these town hall meetings. The first is planned to be held on Tuesday 25 January—please, mark in diaries. The noble Lord, Lord Hamilton, of Epsom, raised another important word, “openness”. I am not a secretive person and I want this House to be as open and transparent, and as accountable and effective, as possible. We must demystify some of the issues that have been raised by all noble Lords today, so I encourage attendance.

I conclude, noble Lords will be pleased to know, by saying that I believe that the House is a constitutional safety valve. We ask the Executive and the elected House to think again. This House is an essential part of upholding our constitutional arrangements and I believe we should be confident of our purpose. The noble Lords, Lord Strathclyde and Lord Robathan, raised the point of confidence. I think we should, I repeat, be confident of our purpose. I believe this requires statesmanship and judgment.

This House has an extraordinary range of experience to offer to the national discourse; that is why good governance of the House must be of the top order and why I believe this debate has been constructive and valuable and, if I may say, continuing. I am not in a position to wave a magic wand and resolve all the issues that have troubled noble Lords, perhaps over a little while, perhaps, but I hope that with openness and dialogue, some of these matters can be resolved in a responsible manner in a way that enables noble Lords not only to derive satisfaction from coming here, but to ensure that the primary reason we are here can be fulfilled.

[Lord Hamilton of Epsom (Con)]

Before the Senior Deputy Speaker sits down, does he know why it was decided that retired three-star military officers would no longer be Black Rod?

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

I can say that there has been fair and open competition since 2001. The first few recruitments still led to the appointment of former generals.

Integrated Review

Lord Hamilton of Epsom Excerpts

Wednesday 17th March 2021 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I congratulate the Government on an integrated review that brings together all the assets that this country has and uses them to give us a direction of where we should be going in the future. But does my noble friend not share my concern that, at the same time as increasing the defence budget, we are actually reducing the number of servicemen? This might have been something of an answer to the noble Lord, Lord Ricketts. The British Army and our Armed Forces have been involved in low-intensity warfare in recent active service conflicts, and it seems to me that we are highly likely to have more of these in the future. Is it right to reduce the number of men who might be involved in this?

[Baroness Evans of Bowes Park (Con)]

As I say, I think more details will be announced on Monday. As the review says, we believe that we need to stop thinking about the strength of the Army purely in numbers of soldiers and focus on how it is equipped and what we want it to do. For instance, we believe that, with this additional investment, the Army will be transformed to meet the threats of the coming decade. We will ensure that our soldiers have the best equipment in the world, including new vehicles, drones and cyberspace capabilities. As I mentioned earlier, and would just like to reiterate, there will be no Armed Forces redundancies as part of any restructuring. We are incredibly grateful for the fantastic work our Armed Forces do, and we want to provide them with effective kit and tools so that they can undertake their important work around the globe on our behalf.

Media and Lobby Briefings

Lord Hamilton of Epsom Excerpts

Tuesday 4th February 2020 Lords Chamber

[Earl Howe]

If that does become obvious, then of course it is noble Lords’ duty to bring it to the Government’s attention.

[Lord Hamilton of Epsom (Con)]

My Lords, to return to the point made by the noble Lord, Lord Campbell, about the absence of Ministers on the “Today” programme, I think the “Today” programme has improved enormously. Without having a large number of interviewers interrupting Ministers all the time, it is now much better to listen to.

[Earl Howe]

I take great encouragement from that, and I shall certainly pass my noble friend’s observation on to my colleagues.

European Union (Withdrawal Agreement) Bill

Lord Hamilton of Epsom Excerpts

Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, the noble Baroness, Lady Finlay, put her finger on the nub of all this when she talked about trade-offs. Any agreement that we reach with the EU will be a series of compromises. If we have individual delegated bodies taking hard stands on one position or another, or indeed one industry doing that, we are never going to get the compromises that we need to get our deal through. That is why the noble Lord, Lord Howarth, is right: we cannot bind the Government’s hands on this issue. The noble Baroness, Lady Randerson, acknowledges that the union is very important to this Government; indeed, it is to all of us in this House, I think. Are we really going to sacrifice the union by reaching arbitrary decisions that discriminate against one part of the union or another? No, of course we are not, but we need to make compromises and the Government should not have their hands tied by individual bodies or regions of this country taking a hard line on one position or another.

[Lord Wigley (PC)]

My Lords, I have my name to this amendment, but I rise with some trepidation. I will try not to have a flight of nationalist fantasy, as the noble Baroness, Lady Randerson, put it a moment ago. I hesitate to bring a discordant note. We hear a lot about the strengthening of the union. We must ask ourselves exactly what we mean by that. If it is to make the union work more effectively and harmoniously, be more sensitive to the needs outside Westminster and Whitehall and have greater empathy, of course that is highly desirable. However, I wonder if that is the case. If it is to strengthen the grip of Westminster and Whitehall and impose policies that are not in the best interests of Wales, Scotland and Northern Ireland, that clearly will cause a lot of bitterness. The mechanisms that we are talking about here are to avoid that sort of bitterness arising.

I would have thought that it was patently in the interest of those who want to hold the United Kingdom together in its present form that at least some movement is made to ensure that clashes do not arise from differences of aspiration or even a misunderstanding between the Governments of the various nations of these islands. We need Westminster to be sensitive when there are universally accepted reports on changes in the relationship, such as in Wales in relation to the legal systems. The noble and learned Lord, Lord Thomas, brought up an excellent report, the Silk report, which suggested changes for the police and prisons. When those are universally accepted in Wales and totally ignored year after year here, it is hardly surprising that there is some feeling that the system from the centre fails to work in the interests of every area.

It is very relevant that this issue arises in the context of European legislation. Noble Lords will remember that in 1979, very shortly after we joined the European Union, there was a referendum in Wales in which the vote went 4:1 against having a devolved Government. The noble and learned Lord, Lord Morris, was very much involved in that. Several factors led to the changes between 1979 and 1997 when there was a very small majority, but still a majority, in favour of establishing a national assembly. One of the factors was the advent and development of the European dimension. With this came acceptance of a multilayered system of democracy and that the principle of subsidiarity that runs through the European vision was relevant within these islands. Some things within the strictures that we have are appropriate to be discussed and decided at Westminster, some—until the end of next week—on a European level and some that are more appropriate on a Welsh, Scottish or Northern Irish basis.

It seems there is a possibility now of turning the clock back from the vision that had developed over the last 40 years to what existed before 1979. If that is the case, that is the most likely thing that will drive a change, forced from the periphery, in the structures of these islands. It is the sort of change that many noble Lords have mentioned and are fearful about.

In the context of this specific amendment, all that is being asked for is a provision for a systematic approach that takes into account the needs of the devolved nations. That is not an unreasonable thing to look for. The fact that Northern Ireland yesterday, Scotland before, and probably Wales this afternoon will refuse the orders that are being requested in the context of this Bill is surely an indication that something has been got wrong from the centre.

I urge the Government to look at this amendment in that context and to see it as an opportunity to build a better, more harmonious relationship, rather than just stamp on it and hope that the feelings in Wales, Scotland and Northern Ireland will just go away.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, I too have added my name to this amendment, as I did at the previous stage. Like others, I thank the noble Lord, Lord Dubs, who is in danger of becoming a noun. I have been wondering whether and actually hoping that Clause 37 might be the result of the attentions of—if I can put it this way—an overly diligent draftsman who has failed to see the wider picture of how this looks; in modern parlance one would say the optics. We were told that a statutory negotiating objective is neither necessary nor the constitutional norm. It might not be necessary but it is not unnecessary either, and is the constitutional norm such a straitjacket of a convention that we cannot say what we mean in legislation?

As ever, the noble and learned Lord, Lord Mackay, put the constitutional point very clearly at the previous stage. He said that Clause 17 of the 2018 Act is

“an instruction to the Executive to open negotiations in a certain way”,—[Official Report, 15/1/20; col. 760.]

and that it is not up to Parliament to give instructions; I hope I have represented him properly. But as noble Lords will recognise, and as the noble Lord, Lord Kerr, has said, Section 17 is only about opening the negotiations and seeking to negotiate. Without even getting into the relationship between Parliament and the Executive, where is the harm? Even if it is not how it is normally done and even if it is not terribly elegant, it makes Parliament’s view clear and it was accepted by the Executive in 2018.

I am on the same page as the noble Lord, Lord Kerr. I am puzzled and a bit suspicious, because when there is a rather technical point or amendment—we are being told that this is a technical point—on a sensitive issue, my antennae naturally twitch. The more the Government tell us that they are not making any real changes, although they have changed the words, the more my antennae wave around, trying to catch hold of what this is all about. I am not surprised that the phrase in the Minister’s letter about carrying out negotiations

“with full flexibility and in an appropriate manner across all policy areas”

was much referred to. Section 17 does not restrict that, although it does not mention reciprocity, as the Government did—but I do not think that that is material.

I raised a point last week about the differences in the wording for the child’s “best interests.” Under the existing provision, the child’s best interests are referred to in the context of coming to the UK. Clause 37 applies the best interests to joining a relative. I think that both of those are important. The Government assured us that there was no significance in that, but I do not want to let something that might be important go unchallenged. The Minister referred me to the term “equivalent circumstances”—she is nodding at that—but it is not in the same part of the clause. It is in subsection 1(b) rather than 1(a), so I do not think that that answers my “best interests” question. I also asked the Minister last week if she could make available a copy of the letter sent last October to the Commission which she said should reassure noble Lords, but she was not sure whether she could. As she has not been able to pursue that, I assume that it is not available, but perhaps she could confirm that.

I come back to the proposed change. It must mean something. It does not make the very modest objective of Section 17 any more achievable—certainly not to most noble Lords who have spoken. Noble Lords will understand that given the subject matter of the clause and the relatively few individuals subject to it, there is a strong feeling that Parliament should not reduce our commitment to these children to safe and legal routes or–this was a point made by the right reverend Prelate—to be thought to be doing so.

[Lord Hamilton of Epsom]

My Lords, as the noble Lord, Lord Dubs, made clear in his opening remarks, this is a question of trust. He seemed to suggest that he trusted my noble friend the Minister but did not trust the Government. I am not sure how happy my noble friend is about being described as a sort of semi-detached member of the Government—but let us ignore that. Actions speak louder than words. The Government have a very credible record in allowing child refugees into this country. I think we run third among EU countries that have allowed in child refugees. Given that, the only basis on which this amendment can be supported is the belief that, if it is defeated, the Government will then stop taking in any further child refugees. I think that that defies all credibility; I do not think that there is any possible basis to support that thesis and I take the view that we have done very well on the question of child refugees and that if it’s not broke, don’t mend it.

Business of the House

Lord Hamilton of Epsom Excerpts

Wednesday 4th September 2019 Lords Chamber

[Lord Framlingham]

My Lords, I think it is time for a little honesty. I have watched over the last three years—day in, day out—people pretending to do one thing and doing another, while the 17.4 million people who voted to leave Europe have been very badly served. I am not prepared to put up with it any longer.

[Lord Hamilton of Epsom (Con)]

I am grateful to my noble friend for giving way. Will he not admit that one thing the former Chancellor was guilty of was not funding no deal, and so completely undermining our negotiating position with the EU?

[Lord Framlingham]

It is increasingly clear that our Chancellor was in many ways less than helpful; let us put it no more strongly than that. I want to talk about the role of manifestos—

--- Later in debate ---

[Lord Strathclyde]

The noble and learned Lord helpfully mentioned the Bill that has just arrived from the House of Commons. Can he or a member of the Front Bench tell us when it will be published in the form in which it was passed by the House of Commons, so that we will be able to look at it, table amendments to it and see whether indeed any amendments were made to it in the House of Commons?

While I am on my feet, I will share an interesting thing that has happened. The noble Lord, Lord Foulkes of Cumnock, who adorns the Back Benches on the other side, used to be my Member of Parliament. I remark that this is the first time I can ever remember that the noble Lord has not spoken on a matter to do with Scotland. I hope this is the shape of things to come.

[Lord Hamilton of Epsom]

It is a very strange phenomenon that the noble Lord, Lord Foulkes, has not said anything. It suggests that perhaps he has been muzzled by his Front Bench who have leaned on him in such a way that he feels he cannot contribute, which is very unusual because we enjoy his contributions.

[Lord Cashman (Non-Afl)]

My Lords, I feel I need to rise and speak to this. Sometimes our personal lives intervene in ways that we never imagined they would and this can affect our ways and means of communicating with others, even in your Lordships’ House.

Business of the House

Lord Hamilton of Epsom Excerpts

Thursday 4th April 2019 Lords Chamber

[Lord Mackay of Clashfern]

I understand that. To ask to amend the agreement is one thing, but to tell them the specific alteration is another. I am very familiar with that particular Motion, which passed. The point that I am trying to make is that if you want to change a document, you should propose the amendment you have in mind. The amendment tabled—very wisely, if we wanted to get some agreement—did not do that. All it said was that we must get alternative arrangements. What alternative arrangements are likely to be suitable? This point seems very important.

[Lord Hamilton of Epsom (Con)]

Has the EU not made it absolutely clear that it is impossible to reopen the agreement?

[Lord Mackay of Clashfern]

That is what it says, but why should we accept that? It is supposed to be a negotiation. If we wanted an alternative arrangement, I should have thought that the position should be us saying what that alternative is. I have heard, “We don’t know what the UK wants”, again and again. A specific amendment to the agreement might well be subject to further consideration.

--- Later in debate ---

Moved by

[Lord Hamilton of Epsom]

At the end to insert “but in view of the exceptional constitutional implications of the proposal put forward, regrettably without agreement in the Usual Channels, for its exceptional consideration in the House of Lords, the House shall not resolve itself into a Committee on the bill until at least 24 hours after a report from the Constitution Committee on the bill has been laid before the House.”

[Lord Hamilton of Epsom]

Your Lordships will be glad to know that I will not detain the House for very long, but if your Lordships’ House is not the guardian of our constitution, I do not know who is. There has been much talk, and the case has been made, about how awful these procedures are in introducing this extremely bad Bill to this House as a private Bill. The real concern we should have about it is that it came from the Back Benches in the other place. If legislation of this importance can be initiated from the Back Benches, we are in very serious trouble. As my noble friend Lord Lawson pointed out, we have an unwritten constitution. Like all unwritten constitutions, it is amended by precedent. The idea put forward by the right honourable Lady Yvette Cooper and Sir Oliver Letwin that somehow this is just a one-off is completely misleading. That is not the way our constitution has developed over the years.

[Lord Foulkes of Cumnock]

The previous five amendments have been defeated heavily—more heavily each time. What purpose is being served by the noble Lord moving his amendment now?

[Lord Hamilton of Epsom]

The purpose being served is that we are able to debate these issues, which are extremely important, and that, with a bit of luck—I do not put an awful lot of money on it—this Bill will never reach the statute book. It is a very bad Bill that creates an appalling precedent. I will not take too many lessons from the noble Lord, Lord Foulkes, on talking at inordinate length, making the same points over and over again because, let us face it, we went through that experience with the EU withdrawal Bill, when a very large number of completely pointless speeches went on absolutely interminably. We on this side of the House had to sit here listening to them. We could not closure them because we did not have the majority to do so. I do not need any lessons from the noble Lord on this. If you introduce a Bill this vulnerable, you obviously run an enormous risk trying to get it on the statute book. That is what is being proved now.

Let us concern ourselves with what is happening to our constitution and our arrangements, which have worked for a very long time. I believe it might be that the usual channels are finally getting themselves back into some sort of order again and maybe discussing the future of the Bill. Was it not a tragedy that it was not possible for them to arrive at some solution for the Bill some time ago? We have to be very careful about allowing hard cases that produce bad law. In the same way, when we have a problem of this sort and we start to change our constitutional arrangements, everyone will refer back to what happened and say, “Well, it happened before, didn’t it? Why shouldn’t it happen again?” This indicates to me that the Opposition have given up any chance whatever of being the Government of this country. If they think that, were they in government and we were in opposition, we would not use machinery like this to make life very difficult for them, they have another think coming.

We have got to consider very carefully what is happening now. One reason why this is such a terrible Bill—we will get on to this at Second Reading—is that it inhibits my right honourable friend the Prime Minister from asking for an extension of Article 50, as she had undertaken to do. This makes it more difficult for her than it was before.

[Lord Warner]

I have a question to put to the noble Lord, not to the House. He seems to be developing an argument in which there are two classes of Bill that come from the House of Commons. He argues that this House should consider whether a Bill passed by the House of Commons is one which is appropriate for this House to consider or not. Can I be clear that this is the doctrine he is now trying to argue?

[Lord Hamilton of Epsom]

Quite clearly they are different sorts of Bills: either private Bills or public Bills. That is pretty obvious. This one seems to be a private Bill, which, as my noble friend Lord Forsyth pointed out, did not even have anybody’s name on it when it appeared here because it had not had its First Reading. We are breaking all our rules to try to introduce this Bill, in a vain attempt to try to change the price of fish over these negotiations. What the Bill actually does is make life more difficult for my right honourable friend the Prime Minister, rather than easier. Why we would want to meddle around in this way, and mess about with our constitutional arrangements, I cannot understand. However, if the one good thing to come out of this is that the usual channels are at last starting to work again in your Lordships’ House, then we have something to be thankful for.

[Lord Marlesford (Con)]

My Lords, I will speak very briefly, following up the words of my noble friend Lord Lawson about the impact on public opinion of the procedures in Parliament in relation to this Bill, which could be very serious. The example I give to noble Lords is that of France, once our hereditary enemy, now our great friend. Why is it that France is so much harder to manage and govern than Britain? Let me give the obvious example. If public protests in Britain turn into violent riots, the public do not like it. Even if they agree with the original cause, they tend to tell Parliament to sort it out. When that happens in France, the French Government normally have two choices: send in the CRS to break their heads, or give in. They usually give in. It is extremely difficult for the French. This all dates back to 1789—

--- Later in debate ---

[The Lord Speaker]

My Lords, who is proposing that the Question be now put?

[Lord Hamilton of Epsom]

I think that the noble Lord, Lord Foulkes, put his Question first.

[The Lord Speaker]

I think we will go on to the amendment of the noble Lord, Lord Hamilton. The Question is that the amendment in the name of the noble Lord, Lord Hamilton, be agreed to.

Business of the House

Lord Hamilton of Epsom Excerpts

Tuesday 26th March 2019 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I am very grateful to the noble Lord, Lord Pannick, for having spelled out that this is not, in the words of the noble Lord, Lord Newby, a frightfully straightforward, simple little exercise. It is actually a very complex issue which raises serious legal questions. Therefore, the Joint Committee should look at it very closely. It should not be bypassed by the Motion that the Leader of the House put in front of us. The noble Lord, Lord Hunt, says that we should be questioning the Prime Minister on this. I only wish we could. Unfortunately, she does not sit in this House, although I am sure my noble friend the Leader will answer for her.

The fact remains that we are trying to bypass our systems. We are upholders of the constitution of this country, and we should seriously question whether this should happen. The opening remarks of my noble friend revealed that the Joint Committee has been asked to look at this and that it could report earlier. Surely, therefore, she can accept the amendment of my noble friend Lord True. If she does, we can go ahead with it quite straightforwardly. There could be an accelerated process of reporting to the House, and we could then get it all done tomorrow, could we not?

[Lord Christopher (Lab)]

My Lords, I hope that the Leader of the House will respond to the point that the noble Lord, Lord Pannick, has raised. There is an indication which has been referred to today—I think in the Financial Times—that extreme people who wish to leave were raising a legal challenge to the fact that we are not leaving at the end of the month.

European Council

Lord Hamilton of Epsom Excerpts

Monday 25th March 2019 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, the Prime Minister’s Statement said that the EU was not prepared to reopen the agreement, but surely it could have been possible, if there had been agreement within the EU 27, to have a codicil to the agreement that would have given us a guarantee on the Irish backstop. Is it not true that the EU 27 were split on this issue and thought that the risk of no deal had been removed, so they could face the Government down?

[Baroness Evans of Bowes Park]

The Council formally endorsed the legal instrument relating to the withdrawal agreement. Three new legally binding commitments were agreed, but the Council reiterated—it is in its conclusions—that there could be no reopening of the withdrawal agreement.