European Union (Withdrawal) Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Committee: 1st sitting (Hansard): House of Lords
Wednesday 21st February 2018 Lords Chamber

[Lord Tyler (LD)]

My Lords, I do not wish to emulate either the forensic skill or the eloquence of those who have already contributed to the debate but rather ask the Minister a very specific question. He will be aware that in Clause 14—the interpretation clause—there is a specific reference to exit day, which is spelled out in subsection (4):

“A Minister of the Crown may by regulations—


(a) amend the definition of ‘exit day’ in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and


(b) amend subsection (2) in consequence of any such amendment”.


As the noble Lord, Lord Hain, said, that is secondary legislation. The Minister will be only too well aware that the Delegated Powers and Regulatory Reform Committee, on which I serve on behalf of your Lordships’ House, is already very critical of the number of powers that Ministers are taking under this Bill, not least because it sets a precedent for powers that will be expected by Ministers under subsequent Bills in the series that relate to Brexit. Therefore, it is important for your Lordships’ House to be told very clearly at this stage by what process the Government intend to put that secondary legislation before the two Houses of Parliament. Will it be by the negative resolution, the affirmative resolution or, indeed, the super-affirmative resolution, as that completely changes the way in which Parliament will be able to exert its control, as noble Lords have suggested? If the process is to be undertaken by negative resolution, that is very limited and the powers of the two Houses of Parliament would be so undermined as to be laughable. If it is to be done by the affirmative resolution, there is more opportunity for discussion and either House can decide what should be done in those circumstances. However, I suspect we will be told that this has to be done with such speed that it will have to be done by an accelerated process, which will inevitably mean that there is no proper opportunity for either House to decide whether we agree with this process.

The super-affirmative process may well be selected. The Minister may be better informed than most Ministers on the Government Front Bench but I defy him to spell out to the House this evening which of these options will be put in place. This is of critical importance. We should not just sweep away this opportunity to take this decision. As all noble Lords who have spoken in this debate have said, it is an extremely important one which will colour the views of your Lordships’ House when we look at some of the other powers that Ministers seek to take under the Bill. Again, I refer to the recommendations of the Delegated Powers and Regulatory Reform Committee. If we really are taking back control, here is an early opportunity for the Government to show who exactly is taking back control.

[Lord Hamilton of Epsom]

My Lords, I am somewhat confused by this debate because it has been suggested that the Government have taken a hard line in saying that a decision should be reached on our future relationship with the EU by 29 March next year. It is not the Government’s date; it is the Article 50 date as drafted—as the noble Lord, Lord Hain, acknowledged —by the noble Lord, Lord Kerr of Kinlochard, one afternoon in his garden in Brussels, when he decided that it should be two years from the moment when Article 50 was moved. Therefore, it is not our date, it is the EU’s date, or, more precisely, the date of the noble Lord, Lord Kerr. I do not quite know why we are now saying that somehow this is the Government taking a hard line. When the House of Commons voted by an overwhelming majority to move Article 50, surely that was on the understanding that the negotiations would be completed in two years from when it was moved. Therefore, we now seem to want to go against the other place and tell it that it has decided on the wrong date.

On top of that, the EU has made it clear that it wants the negotiations to be completed not by 29 March 2019 but by October or November this year, so it is bringing the date forward. I do not accept the remarks of the noble Lord, Lord Triesman, on deadlines. Perhaps he found deadlines inconvenient when he was a trade union negotiator, but it strikes me that they are the only thing which works when you are negotiating with the EU, and that everything seems to be decided at the last minute. It is important that we keep to 29 March next year and I would be very unhappy if that were changed.

Recall of MPs Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Wednesday 14th January 2015 Lords Chamber

[Lord Tyler]

I am not sure that the noble Lord was here during the debate on that Bill, but I was and took an extensive part in the debate. I was very concerned about a number of elements, including the way in which MPs seemed to be all too easily restricting their own responsibilities in terms of exclusive cognisance.

I want to go back to the whole rationale for trying to find a route in this particular direction. My noble friend Lord Forsyth, who was as generous as ever in recognising the contribution to the work of this House of his coalition colleagues, identified very precisely that there was a recognition throughout the House at Second Reading—as was made so clear by the Constitution Committee—that putting this new responsibility on the Standards Committee was a serious weakness in the Bill. That is where we are coming from.

My noble friend the Minister has been very generous in his response but there has not been any government reaction to that very serious weakness. Frankly, I do not think that this is a good Bill, but it is made even worse by the responsibilities and the danger of serious politicisation of what has previously not been a political process in the Standards Committee—again, I regret very much that the noble Lord, Lord Campbell-Savours, is not here.

[Lord Hamilton of Epsom (Con)]

I thought I remembered the noble Lord, Lord Campbell-Savours, saying quite distinctly that there was an awful lot of political interference in the Standards and Privileges Committee, which he was on for a long time.

[Lord Tyler]

He made it absolutely clear, as would other noble Lords who were there, that the way in which the Bill will now act—if it goes through in its present form—lays an additional and very dangerous responsibility on that committee, with all the potential damage there might be. I say simply to my noble friend the Minister that I have done my best, with my noble friends—I am very grateful for their help and that of other Members of the House—to try to find a solution to the problem that our Constitution Committee put its finger on. We cannot simply walk away from that. As so many Members have said, from all sides of the House, we have a responsibility, in this respect, to save the House of Commons from itself. This part of the Bill is a mess. I do not pretend that my solution is the final answer, but just ask my noble friend the Minister to think again between now and Report to see whether we can find a better way to deal with this particular problem. In the mean time, I am happy to withdraw the amendment.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Wednesday 15th January 2014 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, I have added my name to this amendment because it is a very modest and necessary step to take towards taxpayer funding of political parties. None of us should be pleased, content or comfortable with the fact that political parties in this country are financed by the trade unions and, to a very large extent on all sides of the House, by extremely rich men who are seen to exert influence. I am not saying that they do exert more influence than anybody else who runs industries or anything, but they are seen to exert influence over policy. This does us no good at all and we should grasp this nettle and do something about it.

I am delighted that the noble Lord, Lord Campbell-Savours, has arranged that these measures would come into place after the general election. I would like to see a lot more done after the general election. I would like to see matched funding up to a certain limit, but now is not the time to talk about that. The fact remains that we are already paying opposition parties millions of pounds a year. We are paying the Opposition in your Lordships’ House Cranborne money of hundreds of thousands of pounds. I challenge anybody in this House to say that anybody has mentioned on a doorstep either Short money or Cranborne money. They do not know that it is happening. In terms of public expenditure, they are insignificant sums of money.

We should be grasping this nettle early on in a Parliament. I hope that whoever wins the election will do so at the beginning of the next Parliament and get the entire funding of our political parties in this country into a sleaze-free zone, where it should always have been. If we go on as we are, we will have endless problems. We will always be accused of having an unhealthy influence on the political system. This does nothing for politics in this country. I therefore support the amendment with enthusiasm.

[Lord Tyler]

My Lords, my name is also on the amendment. I will make a slightly different point from those of other noble Lords who have spoken to it.

Public service in a parliamentary democracy is an honourable activity. I look around the House, and I could say exactly the same thing about the other place, and see a great majority of people who give of their time, talents and careers, and sacrifice their family life, to public service. That is something that we should recognise as being an extremely important part of our civic life.

Yet it is absolutely true, as noble Lords have already said, that it is somehow thought that to be active in politics is less reputable than, for example, supporting a charitable or voluntary organisation; many of us do that as well. That is exaggerated, underlined and repeated every time one of us contributes something to our local church or favourite charity and gets respect from the tax system for so doing, in exactly the way that the noble Lord, Lord Campbell-Savours, has described. If politics is an honourable activity, why are we not allowing our fellow citizens to recognise that and, in their own way, be more active participants through the gift aid system?

It is not just because of the way in which politics has been supported in recent years by bigger and bigger cheques from smaller and smaller numbers of people, but also because millions of people feel disenchanted by and disconnected from the business of politics, that we have reached such a low reputation in the public mind. It is far more important to engage and incentivise millions of people than to engage and incentivise millions of pounds. In those circumstances, it is perhaps worth reminding your Lordships’ House, in addition to the points already made by my noble friend Lord Hamilton, that the taxpayer already makes a huge contribution to the business of politics. For example, the Royal Mail free delivery of election addresses for every single party and contestant in the European parliamentary election in May will cost the taxpayer something between £30 million and £40 million. The sums that the noble Lord, Lord Campbell-Savours, is referring to are a drop in the ocean compared to that. Yet it is far more likely to engage the individual citizen in the business of politics than the necessity for every single elector to receive a separate delivery from each of the parties.

It is perfectly true that there are already a number of proposals for a wider reform of the funding of political parties. Indeed, last year, I, along with colleagues from two of the other parties, produced a draft Bill that would have incorporated the latest proposals of the Committee on Standards in Public Life on this wider issue. We will not move in that direction between now and the general election but, in this modest way, we could put down a marker that we believe that the actual, practical financial support of our fellow citizens for the business of politics is just as honourable as their support for a charity or a church. It would be a very welcome development.

Fixed-term Parliaments Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Tuesday 10th May 2011 Lords Chamber

[Lord Tyler]

The noble Baroness may recall that I was elected on 1 March 1974, and given the convention—it was referred to earlier—that normally it is six months before another election is agreed to by the monarch, that would have been precisely the situation. It was entirely wrong that the Prime Minister of the day decided for party advantage that he would ignore all the big economic problems of the summer of 1974, did nothing to disturb the popularity of his Government, carried on to the autumn without taking important strategic decisions about the future of the country and then went to the country in the autumn. That is the sort of situation that we should certainly avert because party advantage could, very soon after a general election, be uppermost in the mind of a party leader who would therefore take advantage and destroy the fixed-term legislation for his or her own party advantage.

[Lord Hamilton of Epsom]

My Lords, as a Conservative, I am extremely reluctant to see Parliament at any stage fiddling about with our constitution, and I very much agree with the noble Lord, Lord Howarth of Newport, that if it is not bust, why fix it? Having said that, the coalition quite clearly finds it necessary as part of its agreement to have a five-year fixed Parliament, and if that is what it wants to do, so be it. I have a little trouble in understanding how a Government continue to govern when they no longer have a majority in the House of Commons, but that is another issue. I do not think there is any strong reason why this legislation should go through in perpetuity. I do not see what is wrong in returning to the status quo ante. There seemed to me to be nothing wrong in the way the system worked, and I do not know why we should therefore be trying to commit future Governments to five-year fixed Parliaments just because it is convenient for this coalition Government to have a five-year Parliament this time round. Therefore, I will be more than happy to support the amendment moved by the noble Lord, Lord Pannick.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Wednesday 8th December 2010 Lords Chamber

[Lord Tyler]

My Lords, I am always struck by the eloquence of the noble Lord, Lord Snape, but what might happen in such a constituency—not his former constituency, of course: nor, I hope, in mine—if the majority of people who performed their democratic function of going to the polling station wrote on the ballot paper, “None of the above”.?

[Lord Hamilton of Epsom]

My Lords, I very much support the noble Lord, Lord Stoddart: and the noble Lord, Lord Rooker, on his previous interventions. We are greatly reluctant about compulsory voting, which has to be right. People have to have the option of not voting at all. I am afraid that on this issue I am not with the noble Lord, Lord Snape, as I was on his previous amendment, but I was rather attracted by his suggestion of incentives to vote, rather than doing what the Australians always purport to do, which is to fine people who do not vote. I do not quite know how many Australians get fined for not voting, but I suspect that it is not a very efficient system.

However, an incentive to enable people to vote strikes me as rather attractive. An incentive that takes the form of, say, a voucher to knock something off your rates or something of that sort, which you are given in the polling station, would encourage people to vote in person. That would get us away from the problem of the growing number of postal votes and all the fraud involved in that, which was alluded to in an earlier discussion.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Wednesday 8th December 2010 Lords Chamber

[Lord Tyler]

As was pointed out only a few minutes ago, the noble Lord was very selective in the ones that he quoted, and 25 per cent is not a bad turnout in a local election. I would argue that AV is not perfect and I have never said it is perfect, but I believe it has real advantages in terms of the relationship between the elected Member and his or her constituency. In that respect, in many ways it has advantages over a pure proportional representation system. Incidentally, my noble friend Lord Hamilton was utterly wrong in describing anything in the Bill now as a proportional system. It is not. Some of us might think that in due course there may be a proportional system, but this is not a proportional system and I would never claim that it is. If his opposition to AV is based on that, I am afraid he is deluded.

[Lord Hamilton of Epsom]

Does my noble friend accept that if we move to an AV system, we are more likely to have coalition governments and, if we have coalition governments, we have coalition agreements, such as we had at the beginning of this Parliament, and we end up with a government who are governing with a new manifesto that is only vaguely related to the two manifestos of the parties in the coalition?

[Lord Tyler]

All the evidence from Professor John Curtice, who was mentioned earlier, is that AV is less likely to result in a balanced Parliament, as we have now, than first past the post. The noble Lord may be able to look to the future and have a better idea, but the academic evidence is that AV is less likely to do that because there is a sort of bonus towards the larger party as a result of the election.

I find it incredible that so many Members opposite are ignoring what has been said by their party leader—and in the Guardian today—by saying in absolutely firm terms that they believe that AV is the right way forward. Of course, they are being consistent with what they said previously in Parliament and in the election, but I find it quite extraordinary that so many Members opposite feel that it is necessary to rebel against their own party at this juncture and to weaken the position of their new leader.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Hamilton of Epsom and Lord Tyler

Monday 6th December 2010 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, I support the noble Lord, Lord Rooker, on this amendment, not because I am completely relaxed about whether this referendum on the alternative vote is held on 5 May or later, because I am not. I think that there will be enormous confusion if the referendum is held on the same day as local elections. As the noble Lord, Lord Rooker, has pointed out, this is an extremely complex matter, which is not well understood by the electorate. Therefore, we need a special day. I am not too worried when it is after the local elections on 5 May, but it should be on a separate day. I know that this would involve £15 million-worth of public expenditure at a time of austerity. But this is a very important change in our constitutional arrangements and it has to be properly debated. The people of this country have got to understand what is at stake.

If the referendum is to be wrapped up in local authority elections with certain, say, Labour campaigners saying, “Vote for your Labour candidate, but vote against the alternative vote in the referendum”—the Conservatives would be doing similar—that will be extremely confusing to the electorate. Therefore, it is important that the referendum is held on a separate day. This is a radical and important change in our electoral system, and it should not be allowed to be muddled up in the local elections. I do not think that it will be satisfactory for anyone, whatever the result of the referendum, if it goes through while the electorate do not understand what was going on. We need a separate date. We need to debate it properly and to make absolutely certain that the people of this country understand what is at stake and understand the issues involved in whether we have an alternative vote system or not. That is why it should be on a separate date and why I am pleased to support the noble Lord, Lord Rooker, in his amendment.

[Lord Tyler]

My Lords, it would seem from what Members were saying at great length last week in a debate lasting nearly two hours, and again from what has just been said, that as a Parliament we have never had to face the prospect of two big decisions on the same day. I remind your Lordships—and I shall be interested to hear from the opposition Front Bench in a moment—that the previous Administration pushed through the referendum on London government and mayoral and Assembly legislation, with the exact same collision of votes on 7 May 1998. The noble and learned Lord, Lord Falconer of Thoroton, may like to comment on the following extract from a speech by his colleague Mr Nick Raynsford, who was then the responsible Minister:

“We are holding the referendum on 7 May deliberately to gain the benefits from combining the poll with local government elections. That will result in a considerable saving in public expenditure, which I would have thought all hon. Members would welcome. Separating the referendum date from the local election day would probably result in additional public expenditure of some £2 million to £3 million and could reduce voter turnout. That is not in the interests of democracy or of economy, and the Government do not intend to propose that”.—[Official Report, Commons, 19/11/1997; col. 380]

What was right for London is apparently not right for other parts of the country. Perhaps Members on the other side think that somehow the voters of Scotland and Wales are not capable of taking two quite distinct decisions on the same day but people in London are.