Tributes: Lord Richard

Lord Hope of Craighead Excerpts

Tuesday 20th March 2018 Lords Chamber

[Lord Newby (LD)]

My Lords, Ivor Richard, as we have heard, had an exceptionally varied and successful career in both domestic and international politics. As MP for Barons Court, as the noble Baroness, Lady Smith, pointed out, he gained the battle honours of being sacked from his Front Bench for supporting the Bill taking the UK into the European Community in 1971. After leaving the Commons, he was a forthright UK Permanent Representative at the UN and then a successful commissioner when he succeeded Roy Jenkins at the Commission in Brussels.

On these Benches, he is especially remembered, particularly by my Welsh colleagues, as architect of the Richard commission report, which was commissioned in the early days of the National Assembly for Wales by the coalition Government, of which the Lib Dems were then part. The report looked at the powers and the size of the Assembly, and, somewhat remarkably, proposed changed the voting system to STV—which particularly commended it to my friends. He was a committed devolutionist and a committed Welshman. He helped push the boundaries of thinking on full powers for the National Assembly, which eventually, many years later, have come to fruition.

But the thing which always impressed me most was his presence and his voice. He had a solidity, an authority and a manner of speaking which commanded attention and made me, at least, want to listen very carefully to everything he said. This, in my experience, is a very rare ability and made him a most effective leader of your Lordships’ House. I will certainly miss that voice.

[Lord Hope of Craighead (CB)]

My Lords, on behalf of my colleagues on the Cross Benches, I too wish to be associated with the warm and very well-deserved tributes that have been paid to Lord Richard. As we have heard, he had a distinguished career before he became a Member of this House. Under the name Ivor Richard, he became very well known to the public, first as the UK’s Permanent Representative to the United Nations and then as an EEC commissioner. Perhaps less well known is the fact that he had practised at the Bar for nearly 20 years before accepting these appointments. His clarity of thought, his skill as a communicator and the air of quiet authority which in later years were to become his hallmark when he spoke in the House must surely have owed much to his legal background.

As we have heard, he spent much more time on the Front Bench as Leader of the Opposition than he did when he was appointed Lord Privy Seal and Leader of the House after the 1997 general election. It was not until after he had left that office that the House of Lords Act 1999, which was the first measure to reform the House that was passed during the then Labour Government, received its Royal Assent. So he had the difficult task of being Leader when the party in government were very much in the minority in this House because of the presence of the hereditary Peers. I was serving as a Law Lord during that time, so I did not see how he handled that, as I was usually sitting upstairs with the Appellate Committee during Questions and on other occasions when his skills would have been put to the test.

His contribution as Leader was by no means the only contribution he made to the work of the House. I saw him in action when he chaired the committee that has already been mentioned, before which I gave evidence, which was appointed to scrutinise the Bill that became the Constitutional Reform Act 2005. That Act is certainly steeped in my memory because it resulted in the departure of the Law Lords and the creation of the UK Supreme Court. Then he was invited to chair the Joint Committee on the draft House of Lords Reform Bill which sat from 2011 to 2012. The careful and measured way in which he fulfilled these responsibilities and the many others that came his way was an example to us all.

The noble Lord, Lord Newby, referred to Lord Richard’s presence. We on these Benches had the advantage and pleasure—denied to those on the Opposition Benches because of layout of the Chamber—of seeing and watching the noble Lord every day when he was in his place on the Back Benches. He was one of those remarkable men who could communicate his views by the look on his face or maybe the movement of his shoulders almost as well as he could when he spoke. There was much entertainment to be had when he was in that mood. We shall miss him very much, and to his wife and all the members of his family, we on these Benches wish to extend our condolences on their loss.

[The Lord Bishop of Winchester]

My Lords, on behalf of these Benches, I also pay tribute to Lord Richard and associate myself with the comments already made. Lord Richard’s life was clearly one devoted to public service: MP, ambassador to the United Nations, where he worked hard on both the Middle East and then Rhodesia, and EU Commissioner before coming to this House, where he first became Leader of the Opposition and ultimately Leader of the House. Most of us aspire to making an impression in one area alone: he clearly excelled in many.

Although there is no one now on these Benches who had the privilege of serving under his leadership of this House, the last Bishop of Leicester had the pleasure of serving under his chairmanship of the committee looking at the coalition Government’s plans for Lords reform—an experience made all the better for his impressive command of the brief. Any Member who is given—or, indeed, accepts—the unenviable task of navigating their way through that contentious swamp has to be possessed of a formidable intellect and firm resolve, and command the trust and respect of all sides. These were qualities that Lord Richard held in abundance and which he applied to his service to the public good in so many different ways over the years. He will be much missed.

Black Rod

Lord Hope of Craighead Excerpts

Tuesday 20th February 2018 Lords Chamber

[Lord Newby (LD)]

My Lords, on behalf of these Benches I too welcome Sarah Clarke very warmly to the House. I and my colleagues look forward very much to working with her. I also express our thanks to Neil Baverstock for serving as acting Black Rod in the intervening weeks since David Leakey’s retirement. We are extremely grateful to him for filling this role with his customary professionalism.

David Leakey had an extremely distinguished career in the Army before he became Black Rod. One of his military roles was particularly useful preparation: from 2004 to 2007 he was commander of the European Union’s peacekeeping force in Bosnia and Herzegovina. His civilian opposite number was my colleague and noble friend Lord Ashdown of Norton-sub-Hamdon, then the EU’s high representative. I doubt whether they saw their regular dealings in Bosnia as training for their eventual roles here, but in any event it clearly stood Black Rod, at least, in good stead. Being a professional peacekeeper would, I am sure, have proved extremely useful training because, in addition to the ceremonial roles played by Black Rod, sorting out disputes between Members of your Lordships’ House has traditionally been an important element in his work. I know from my own period as Chief Whip on these Benches that there were times when Black Rod had to deal with disputes between Peers, sometimes of an essentially trivial nature but of great importance to the Peers concerned. He did it with calm authority and due seriousness.

It takes much meticulous planning to ensure that the great ceremonial and state occasions referred to by the Leader of the House run smoothly and without a hitch. David approached all of these with great skill and care and ensured that they were all flawlessly executed time after time. We are all deeply grateful to David for his dedication to public service and this House. We on these Benches wish him and his wife extremely well in his retirement.

[Lord Hope of Craighead (CB)]

My Lords, on behalf of these Benches, I join the Leader of the House in welcoming Sarah Clarke most warmly to the House and in expressing our thanks to Neil Baverstock for the exemplary way in which he has served as acting Black Rod since David Leakey’s retirement. We are very fortunate indeed in our Yeoman Usher—and to have such a worthy successor to fill the place that David left behind him.

I am sure I am not alone in being glad that David Leakey was in his usual place in the Chamber on 21 December last year to hear the loud chorus of “Hear, hear” when the Lord Speaker told us that he wished to place on record his thanks and the thanks of the whole House, and to wish him well for the future. The warmth of that response was as good a tribute as one could have wished for, to show the affection in which he was held on all sides in this Chamber.

I think our best memory of him will be of a slim, dapper figure in his Black Rod’s uniform. As we have heard, he made no secret of the fact that he liked dressing up. Perhaps this was because of the bulky clothes, designed for outside duties in a cold climate, which a photograph on a website shows him wearing when, as a brigadier, he was in command of operations in Kosovo. He certainly was not slim and dapper then. He put all of that behind him when he came here. As for the disciplines which guided him during his long and distinguished career in the Army, happily they were not so easily discarded. I recall his attempts to instil some sort of discipline into the very unmilitary combination of the Lord Speaker, the three party leaders and myself as Convenor—I hope my colleagues will forgive me—as we rehearsed for our appearance as commissioners in the Prorogation ceremony at the end of the previous Parliament. We did our best, several times, but I am sure our drill was not really up to his high standards. But if he was disappointed, he was far too polite to show it.

For most of us, much of what David did was unseen. There were the grand occasions that had to be planned for, of course. No state visit is complete without our welcoming the visitor to Parliament. But these things do not just happen. Like all the other ceremonial occasions in which he was involved, they have to be planned for. Nothing must be allowed to go wrong. If anything did go wrong during his time, the mishaps were so small that no one ever noticed. Security issues occupied his time, too. They, too, had to be planned for, and one of his legacies is the improvement of the oversight of the parking of cars in Black Rod’s Garden. But there were occasions when he had to cope with the unexpected, as happened during that dreadful terrorist incident last March, and others when a swift and sympathetic response was called for to attend to the needs of someone who had fallen ill. Unseen to most of us this part of his duties may have been, but the fact that he was here to be called upon as needed and to respond so quickly was a reassurance in itself. For that, as much as for as his ceremonial duties, we are most grateful.

David is not one who is likely to be short of things to do during his retirement. On behalf of these Benches, I join all the others who have spoken in wishing him and his wife well in whatever he may wish to do to occupy his time in the future.

[The Lord Bishop of Winchester]

My Lords, from these Benches I emphasise our gratitude to Sir David, particularly for the steadfast and dependable way he supported this House during quite a challenging term of office, with threats to the building from without and within. He will be remembered by the Lords spiritual especially for the time he took to welcome each one of us when we first arrived, and of course for his self-deprecating sense of humour.

On a personal note, there has been a long connection between my diocese and holders of the office of Black Rod, and we both serve as officers of the Most Noble Order of the Garter. I am personally grateful to him for the support he gave me when I took up my role as Prelate to the Order. I shall miss our conversations about Kenya, and I hope his retirement from this House will afford him more time to spend on his smallholding. We wish Sarah all the very best in her new role as Black Rod.

Palace of Westminster: Restoration and Renewal

Lord Hope of Craighead Excerpts

Tuesday 6th February 2018 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, it is a great pleasure once again to follow the noble Lord, Lord Newby. We are all grateful to the Leader of the House for bringing this Motion before us today. As she said, we have waited a long time for it. But the Motion that was passed in the House of Commons last week, albeit by quite a narrow majority, has moved the situation forward quite a bit from where it was only a short time ago. As the noble Lord, Lord Newby, said, we owe a debt to Meg Hillier, Sir Paul Beresford, Chris Bryant and all the others who moved the amendment to the Government’s Motion, which the Leader of the House has placed before us today. I can speak only for myself from these Benches, but I think it is a positive step that I personally greatly welcome.

There can be no dispute whatever about what is said in the first three paragraphs of the Motion. The amendment in the other place sought to resolve the issue that is the subject of the fourth paragraph, which is a key point. The Government’s Motion would have left three options—full decant, partial decant and retaining a parliamentary foothold—open for consideration after a further report, which would have led to much further delay. And with all due respect I must say that that, I fear, is what would result if the House were to vote in favour of the amendment proposed by the noble Lord, Lord Naseby.

I welcome the fact that, if the original Motion is approved by the House today, we can at last get on with it. The unanimous recommendation of the Joint Committee deserves to be supported. We must assume that, having the full facts before them, the members of the committee chose their language carefully. They said that there was a “clear and pressing need” to repair the services in the Palace to prevent their “catastrophic failure”. Those are very strong words and I assume that they meant what they said in the light of what they knew. A failure of that kind would put public safety at risk and would make it quite impossible for the business of Parliament to be carried on here for who knows how long. So I agree that, to minimise the disruption caused by carrying out the work, a full decant offers the best and most cost-effective option.

I suspect that one’s reaction to the idea of a full decant and then a gap of several years before we can move back in again may depend on who we are and where we work when we are not in the Chamber. As for where we work, my route home when I leave the Palace in the evenings takes me through the narrow passage into Star Chamber Court and then along the Colonnade to the Underground. In front of me as I walk in that direction is Portcullis House. Most Members of the other place have their offices there and there will be no need for them to be decanted. For them, one imagines, the idea of a full decant is not as life-changing as it will be for the many Members of this House who have offices in the Palace.

As for who we are, that really depends on how old we are. The Leader of the House is fortunate. Happily, she has many years ahead of her. She can be decamped and then come back again. But I am in my very late 70s. I may well have retired before the decamp—and that has nothing whatever to do with the QE2 Centre. Life being what it is, I cannot reasonably expect to be around when the move back eventually takes place. So in a sense there is nothing in this for me—but surely this is a situation where one’s personal inconvenience and expectations must fade into the background. There are so many other people to think about, and this is indeed a world heritage site.

I recall being astonished, when we were subjected to the terrorist incident last March, by the huge number of people of all ages and physical conditions who emerged from all over the Palace to be taken to places of safety. I do not like to think what might have happened to them, or at least some of them, if a serious fire had broken out due, for example, to an electrical fault in the basement from where it might have spread very rapidly through the ventilation shafts, as the noble Baroness, Lady Andrews, has reminded us, and right through the building to the point of destruction. A catastrophic failure of our electrical supply after dark could have a serious effect on our staff and members of the public, too. So we need to think about the public interest and that, as I see it, points only one way—in favour of the recommendation.

Like the noble Lord, Lord Newby, one tends to look forward and think about what is to happen next, and there are certainly some important matters to bear in mind as we move forward. The sixth and seventh paragraphs of the Motion refer to the costing of the project. As the noble Baroness the Leader of the House said, in effect, we have been here before. Initial costings of other projects have proved to be wholly unreliable and, to say the least, it is very bad for the reputation of Parliament. We must remember that with costings, as with anything else, you get what you pay for. Care must be taken to select the most reliable method even if it costs more, because that will save time and money in the long run.

Then there is the system of employing a sponsor board and a delivery authority to carry the project forward, referred to in paragraph 7. That has been shown to work with other major projects, and I would welcome its adoption, but the arrangements for co-ordinating work across a wide variety of disciplines in a unique building will require very careful planning. They should not be rushed and great care must be taken to ensure that the contractual arrangements which will underpin the system are suitable for the task and that mechanisms are in place so that the timetables for carrying out the work by each of the interacting disciplines can be strictly enforced.

The Motion envisages a long timeline before the decant takes place. That time, too, must be carefully used to think things through so that delays caused by the unexpected can be cut to a minimum. There is a lot of work to do and many questions need to be answered, one of which is where we decamp to. Names and places have been mentioned, but it needs to be carefully thought about and planned for. Moving to another public building may not be as simple as it sounds. The consequences for that building and its occupiers will have to be taken into account before any decisions are taken. It is a long timeline and my hope is that the time will be put to good use and will not be wasted. But all of that lies in the future. I am conscious that it is not really for me to tell our expert advisers how to do their job. For the present, all that really matters is that we pass the original Motion, and I hope very much that we will.

European Union (Withdrawal) Bill

Lord Hope of Craighead Excerpts

Tuesday 30th January 2018 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I think that we need this Bill. It is in everyone’s interest that the gap in our law book when we leave the EU should be filled. As the noble Baroness the Leader of the House says, we need a seamless transfer from one system to another when that event occurs, so I think that the Bill deserves to have a Second Reading and must be allowed to pass. Nothing that I am about to say should be taken as being in conflict with those basic points.

However, the Bill comes to this House in a sorry state. It was drafted many months ago when we knew much less about how the exit was likely to be managed than we do now. It all seemed so simple then; you only have to look at Clause 9 to appreciate that point. It is designed to give power to Ministers to implement the withdrawal agreement. It also provides that no regulations may be made under that section after exit day. The idea that everything that needs to be done could be achieved on or before exit day informs the entire Bill, but we now know that there will have to be an implementation or transitional period—call it what you will—after that date. So that is an absurd provision in the light of what we now know. Moreover, the Government have failed to bring forward the amendments that are so obviously needed to meet this changed situation and deal with other criticisms that received cross-party support in the other place.

Time is short so I will concentrate on just one of the important issues: devolution. This is of concern to all the devolved Administrations, but I hope that the others will forgive me if I speak only about the devolution settlement that is set out in the Scotland Act 1998. I spent many hours late into the night debating that Bill here—we often sat well after midnight in those happy days. I worked with the Act as a judge on many occasions from its enactment until my retirement and learned to respect the way in which it had been drafted. That is why I am astonished by this Bill’s failure to respect that settlement in its formulation of the regulation-making powers given to Ministers.

There is of course a political angle to this issue, too. The Scottish Ministers have declared that they will not put a legislative consent Motion before the Scottish Parliament unless their objections to this are met. The bonds that hold the UK together would be stretched almost to breaking point if the Bill were to proceed to enactment without their consent. As a mere lawyer, I am in full sympathy with their objection.

Ministers may think that this is merely an enabling Bill, but it is not. It is about our constitution, too. The situation that it provides for as we leave the EU is entirely new. It is one that we have not had to face since the Scotland Act was enacted. The constitutional arrangements that were settled by the Scotland Act 1998 have to be changed but, as the Bill stands, they are being rewritten in a way that is naive and very damaging. Others will criticise some of the clauses containing regulation-making powers as amounting to Henry VIII clauses. As far as I know, Henry VIII never got to Scotland, but Oliver Cromwell did and he and the forces under his command did quite a lot of damage while he was there. I think that these clauses have a touch of Oliver Cromwell about them.

This issue goes far beyond the much-criticised Clause 11, which is about retaining EU restrictions in devolved legislation when we leave the EU. You can find these regulation-making powers in Clauses 7, 8 and 9 and throughout the entirety of Schedule 2. They are far-reaching and we must assume that they are there because it is intended that they should be used. As the wording stands, they could all be exercised to their fullest extent in all areas that are devolved to Scotland without any consultation whatever with the Scottish Ministers.

The legislative competence of the Scottish Parliament after exit day has been called into question, too. That would not be so bad if we could be certain that these provisions would have a very short life because everything that needed to be done could be achieved on or before exit day. As matters stand, though, we can expect these powers to be exercised for many months after that date. Those in Clause 9 are time-limited, absurd though that limit may now seem to be, but the remainder are not.

Ministers may say that that is not their intention; I listened with great care to the words from the noble Baroness about devolution. If so, I urge them to make their position clear in the Bill. Only if they are willing to do that are they likely to win the confidence of the Scottish Ministers in the area where a real opportunity lies for a mature and intense discussion, as we seek to define how the system of devolution can best operate in a new and vigorous UK single market after exit day. That is what the discussions about a redesigned Clause 11 should really be about. It is an area where there ought to be a real opportunity for an agreed way forward.

However, there is much more to the issue than Clause 11, as I have tried to emphasise. It is hard to see those discussions getting anywhere so long as the basic architecture of the Bill is so misguided and ill-informed. I will be bringing forward amendments that seek to resolve that problem and I hope that they will be supported across the House. If others seek to do the same thing, I will support them, too.

House of Lords: Lord Speaker’s Committee Report

Lord Hope of Craighead Excerpts

Tuesday 19th December 2017 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I thank the noble Lord, Lord Burns, for the very helpful way in which he introduced this debate, and all members of his committee for the work they have done in the preparation of the report. How very fortunate we are that the Lord Speaker was able to capture the noble Lord, if capture is the right word, during his brief period of rest between two very demanding appointments, to perform this task for us.

As so often happens in life, the problem is easy to identify. Finding a solution to it is much more time consuming and difficult. The problem, of course, is that the House is too large and, if nothing is done about it, the House will without doubt grow still larger. The comparisons so often made with the Chinese People’s National Congress in Beijing are rather unfair. We have all seen the pictures—the serried ranks, everyone there, every seat filled, everyone anchored to their seats, no sign of any dissent from the party line. Of course we are not like that. For one thing, so much of what we do is done outside the Chamber, as the noble Lord, Lord Howell of Guildford, pointed out yesterday. For another, in our case, attendance is not compulsory. The daily average at present is only about 490. In the case of the Cross-Bench group, for example, on any given day, no more than about half of our number are present. To a not insignificant extent, therefore, we are a part-time House. We draw strength from that. Many of our Members have outside interests, their engagement with which adds to the quality of our debates and the work of our committees. Nevertheless, our increasing size is an embarrassment to say the least, and if nothing is done, it risks being even more than that. We are running out of space. We cannot give everyone the desks and office space that they need. That, in short, is the problem.

What, then, of the solution that the noble Lord, Lord Burns, and his colleagues have come up with? In answering that question I must make it clear that, although I am their Convenor, it is not open to me to express a view on the issue on behalf of the Cross-Bench group. It was suggested that I should seek to gather signatures from our membership in support of the report. But that is not the way that the group works. It is not for me to tell them what to do or to canvass support for either side. What I can say, however, is that it is my impression—1 can put it no higher than that— that the group is in favour of the report’s conclusions. I base that impression on the complete absence of complaints or representations given to me against it, and on the many indications that I have received of support for it.

I am sure that if any of the 31 Cross-Benchers who will speak after me disagree, they will make their position clear. My own position, for what it may be worth, is that the noble Lord, Lord Burns, has taken our search for a solution a very long way. This is an excellent report, which deserves to be supported. But I must leave it to those who will speak after me from the Cross Benches to express their own views.

Time is short, and this is not an occasion to go into detail, but, speaking for myself, I am content with the recommendation that we should seek to limit our numbers to 600. A system of fixed-term appointments is far preferable to a system based on age or length of service, and I am of course happy with the recommendation that the Cross-Bench group should be fixed at 20% of the House’s membership. But I must face the fact that reducing the number of Peers on the Cross Benches in the way recommended by the report will not be an easy task. The Convenor can advise or try to persuade, but cannot direct or give orders to anybody. Of course, everything will depend on whether the Government, and the Prime Minister in particular, will support the scheme. I very much echo the words of the noble Lord, Lord Newby, in searching for a cast-iron guarantee in that respect. I hope that they will be able to give that. The scheme cannot operate without their agreement.

I should like, however, to mention one matter that, although not within the remit of the noble Lord, Lord Burns, will require careful attention if the scheme goes ahead—here I echo some words of the noble Baroness, Lady Crawley. We must try to ensure that all regions are properly represented so that the House does not become even more centred on London and the south-east than it already is. Members who attend less frequently, and would thus be among those more likely to be asked to leave as we reduce our numbers, tend to be those who live further afield. We must not be too ready to ask them to go. We must also bear in mind that the daily allowances have not been increased to keep pace with inflation since they were introduced seven years ago. Left as they are, they risk leaving Members who have to find accommodation in London out of pocket day after day after their hotel bills or other costs have been paid. Those who live in London do not face those costs and they do not have to travel long distances to get here.

This is a serious issue for people like myself who do. If, as seems likely, a smaller House will require more frequent attendance, steps will have to be taken to ensure that those who live further away are not so penalised by lack of support that they will stop coming, as some perhaps already do. I am sure that other factors will require attention as we reduce our numbers, but the need for proper representation by Members from all parts of the country and ensuring that they are not out of pocket when they come here—that at least they are entitled to expect—should be high in the order of priority.

Clerk of the Parliaments

Lord Hope of Craighead Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, on behalf of these Benches, I, too, pay tribute to Sir David Beamish and thank him for all that he has done for us. It has been my unique privilege as Convener to observe Sir David at close quarters on many occasions when he was doing his job as Clerk of the Parliaments. These observations have been, if I may put it this way, both from the front and from behind. I met him face to face in his office at our regular fortnightly meetings when we would discuss matters of mutual interest and I could watch him from behind each sitting day, he in his place at the Table and me in mine directly behind him on the Cross Benches, especially at Question Time. If there are two words that I think best describe the impression that these observations have made, at least on me, they are “boundless energy”. A conversation with him was always a stimulating experience. If you asked him a question, the words were hardly out of your mouth before he answered it, and his speed of thought was so astonishing that there were times when I wondered whether he had had a chance to think at all, but being David of course he did.

As for his behaviour as seen from behind at Question Time when he had to remain silent, it was his physical agility that impressed me. There was the jump to his feet as he called upon each noble Lord to put the Question. There was the crouching position that he adopted as the seven-minute deadline approached, which became even more pronounced as the Clock moved on towards eight minutes. At that stage his hand would grip the side of the Table to give him increased leverage for the next jump up to call the next Question. There was physical agility on other occasions, too. When the Lord Speaker or a Deputy Chairman of Committees got into difficulties on the Woolsack, those at the Table, so far away, had to resort to sign language. However, in David’s case it was not just sign language that he used; sometimes it was a unique kind of semaphore as he waved his arms around with increasing vigour in an urgent attempt to get his message across. So whether it be mental agility or physical agility, I doubt whether we ever had a more athletic Clerk of the Parliaments.

As has been mentioned already, David entered the service of the House in 1974. In her autobiography, The World Walks By, the noble Baroness, Lady Masham of Ilton, paid a generous and unique tribute to the help he gave her when he was in the Clerks’ department in the 1980s. It was he who drafted various amendments for her when she was involved with the Mental Health (Amendment) Bill, and it is remarkable that he is the only person who is named in that chapter, so it was a unique privilege.

As Sir David reminded the Cross-Bench Peers when he came to speak to us at our weekly meeting on the day before his last day in the House before Easter, the reputation of the House at the start of the 1980s was even more fragile than it is today. Today, all the talk is about the size of the House and the need for reform to address that issue. In the 1980s, he said that the talk was all about abolition. A motion that the House should be abolished was carried at one of the party conferences—I leave your Lordships to decide which it was—by 6 million votes to 45,000. Since then, reforms have been made not only to our composition but to the ways in which we work. As a result, as has been said, the House is now a very different place from what it was when he embarked on his career all those years ago.

Sir David has played his full part in the development of better working practices with obvious good humour and efficiency. He has been a great servant of this House, and we on these Benches join all noble Lords in thanking him most warmly for all he has done for us and in wishing him well for the life in the wider world that undoubtedly now lies ahead of him.

Before I close, I, too, join in the words of welcome to his successor, Ed Ollard, and to those who will join him at the Table, and we look forward very much to working with them in the years that lie ahead.

London Attacks

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Thursday 23rd March 2017 Lords Chamber

[Lord Newby (LD)]

My Lords, I too thank the noble Baroness the Leader of the House for repeating the Statement. The horrific events of yesterday were an attack not just on Parliament but on democracy. It was an attack on the values that are represented by this building and recognised across the world: freedom, openness, tolerance, human rights, mutual respect for our neighbours and the rule of law.

No doubt there will be lessons that we can learn from the events of yesterday, but we must not lose sight of the fact that the person who carried out this horrific attack was, as the noble Baroness said, prevented from entering the building and was stopped a matter of yards within its precincts. The security arrangements in place for such an attack swung into action, for which we thank our security staff and of course PC Keith Palmer in particular.

I hope that, as we move forward from yesterday’s events, we maintain the sense that Parliament is an open place which the public can visit to lobby parliamentarians and to see our democratic processes in action. But we must listen to the individual experiences of Members and staff to determine where improvements can be made.

I welcome the statement by the Lord Speaker that the House of Lords Commission will be considering these matters next week. No doubt individual Members will have views of their own. I, for example, would like us to look again at the long-standing proposals to pedestrianise some of the streets around this place. However, there are many other sensible suggestions that we need to look at tomorrow.

I have only one question for the noble Baroness the Leader of the House. We do not know at this stage the extent to which this particular incident was entirely home-grown, but we do know that terrorism is an international business. I hope she can give the House an assurance that as we move forward in the months and years ahead, the Government will do everything they can to ensure that our strong and growing security links with our closest neighbours across Europe are maintained and strengthened.

I hope that today, as we condemn this senseless violence, that condemnation will be expressed by both faith and secular communities across the country, for the greatest tribute we can give to those who have lost their lives is to come together as a country and uphold our way of life and democracy.

[Lord Hope of Craighead (CB)]

My Lords, it is not the usual custom for the Convener of the Cross Benches to respond to a Statement of this kind, but this is a very special occasion. I pay my own thanks to the Leader for repeating the Statement in the other place by the Prime Minister.

There are lessons to be learned from yesterday, and they certainly will be. One of the things that struck me as the evening wore on was the challenge faced by the security forces, police and staff—indeed, the doorkeepers in this Chamber—in moving so many people about without risk to themselves. It was an enormous undertaking. I do not have the exact figures but something like 800 people were in Westminster Hall, while it was said that 2,500 people were present in Westminster Abbey. You have to imagine the process of moving people from place to place. They included children who were kept in Westminster Hall, who kept themselves and many other people happy by singing songs, which was a remarkable achievement by their teachers. That is just one of the examples of the good-natured way in which people responded to the demands of the evening.

I pay my own tribute to the doorkeepers, because we depend upon them. It was stressed in a recent rehearsal for something similar to this incident that we would be subject to the direction of the doorkeepers and, with their usual tact and firmness, they made sure that we were in the right place at the right time and guided to the places where we ought to be taken.

As I said at the end of my short statement, there are things to be thankful for, and there are certainly things we can learn from. Thank goodness the incident was not worse than it was. Just imagine the real horror if the person had broken into the Chambers with his knife. It is for that, the fact that the incident was stopped so early, that we owe so much to PC Palmer and his colleagues.

[The Archbishop of Canterbury]

My Lords, I add a welcome from these Benches to the Statement by the Prime Minister, which, as the noble Baroness the Leader of the Opposition said, rightly set the tone and spoke for this country. I also convey to the House the messages of sympathy and support that I have received through the night from faith leaders around the world and across this country who want this House and Parliament, particularly its staff and those who have suffered, to know how much those people are in their hearts and minds.

With regard to values, I want to refer to something that seems to me to go deeper, to something that is at the foundation of our own understanding of what our society is about, and I want to do so in three simple, brief pictures. The first is of a vehicle being driven across Westminster Bridge by someone who had a perverted, nihilistic and despairing view of objectives, and of what society and indeed life are about, that could be fulfilled only by death and destruction. The second is of that same person a few minutes later, on a stretcher or on the ground being treated by the very people whom he had sought to kill. The third is of these two Houses, where profound, bitter, angry disagreement is dealt with not with violence, despair or cruelty but with discussion, reason and calmness.

Those three pictures point us to deep values within our society—deeper even than those that have rightly been mentioned in the Prime Minister’s Statement and other statements. You would expect to hear this from these Benches, but it is the sense that comes from a narrative that has been within our society for almost 2,000 years. It speaks at this time of year, as we look forward to Holy Week and Easter, of a God who stands with the suffering and brings justice, and whose resurrection has given to believer and unbeliever the sense that where we do what is right—where we behave properly, where that generosity and extraordinary sense of duty that leads people to treat a terrorist is shown, where the bravery of someone such as PC Keith Palmer is demonstrated—there is a victory for what is right and good over what is evil, despairing and bad. That was shown yesterday; that is shown not just in our expression of values but in our practices, which define those values; and that is the mood that we must show in future.

London Attacks

Lord Hope of Craighead Excerpts

Thursday 23rd March 2017 Lords Chamber

[Lord Newby (LD)]

My Lords, I begin by associating myself with the remarks made by the Leader and the Leader of the Opposition. From these Benches, our thoughts and prayers are also with the families of those who lost their lives yesterday and our profound sympathies are with the innocent victims—members of the public who were on Westminster Bridge and also subject to this senseless attack.

I of course also pay tribute to PC Keith Palmer, who lost his life yesterday—an extremely brave man—and to all the police and security staff who do so much every day to protect all who come to Parliament to work or visit. I also pay tribute to all those from the emergency services who attended the scene yesterday and who worked with such bravery and professionalism. In particular, on behalf of my noble friend Lady Thomas of Winchester and others, I thank those who helped Members of your Lordships’ House who are disabled and who needed particular help in being taken to a place of safety. Finally, I thank the Dean of Westminster Abbey and his staff, who opened their doors as a place of sanctuary to MPs, Peers and staff.

This morning we stand together against those who want to diminish our democratic freedoms. We are an open, tolerant country and we will never let those who spread terror and fear win—and we will not let them divide us.

[Lord Hope of Craighead (CB)]

My Lords, as the noble Lord, Lord Newby, has reminded us, many of us were taken to the sanctuary of Westminster Abbey or to Westminster Hall as events unfolded yesterday afternoon. The Dean of Westminster invited those in the Abbey to join him in a prayer for the deceased, the injured and their families. Such information as we had at that stage gave us little idea of the enormity of what had happened—of the horror and brutality of the attack—until we saw the reality later on television. We on these Benches join with everyone else in this House in expressing our deepest sympathy to the family of PC Keith Palmer, so tragically taken from us as he sought to deter the attacker.

We remember, too, the families and friends of the members of the public who were killed and all those who were injured, including the students from France whose visit to our city was so devastated by what happened. The fact that the incident did not develop into something very much worse owes much to the teams of security personnel and police officers who guard us every day. Like others, I pay tribute to their courage and dedication as we seek to follow their example of standing firm against attacks of this kind, from wherever they may come. I pay tribute, too, to others in the security services up and down the country who work so hard in the service of this country’s peace and security. For that, amid so much sadness, we must all be grateful.

[The Archbishop of Canterbury]

My Lords, I associate myself with the thanks and tributes paid today, and especially our prayers and thoughts for PC Keith Palmer and for his family. I also acknowledge the work of so many members of the public who pitched in and did what they needed to do when faced with things for which they had never been trained or prepared. Yesterday afternoon one of our own security staff at Lambeth Palace, a Muslim, arrived at the gate having been very narrowly missed by the vehicle and having spent time helping those who had been injured. It was typical of this community and this country that he refused to go home until the end of his shift and simply spent the time doing his job as he expected.

This was typical of so many in this city, including the emergency services who contained the incident within six minutes and the staff at this extraordinary place who give so much of themselves on both normal occasions and extraordinary occasions. Especially in our hearts today are those who wait at bedsides, who are suddenly caught up in things for which they could never have been prepared and which they never expected. Our prayers continue for them on this day. Much shock has been expressed, but we know from the reactions we saw yesterday that we have the strength to persevere through it. We will talk more generally about that later.

Death of a Former Member: Lord Waddington

Lord Hope of Craighead Excerpts

Monday 27th February 2017 Lords Chamber

[Lord Newby (LD)]

My Lords, unlike many Members of your Lordships’ House I did not know David Waddington personally, although I recall a number of notable speeches that he made from the Benches opposite during my time in the House. It is fair to say he was not one of life’s natural Liberal Democrats, but my colleagues cheered when, as Home Secretary, he referred the case of the Birmingham Six to the Court of Appeal, where of course their convictions were eventually quashed.

The only thing I can really claim to have in common with Lord Waddington is that, like me, he was a proud northerner. He could not help being a Lancastrian but he certainly made the most of it and, as others have said, was plain-speaking and had the characteristics of straightforward behaviour that northerners like to think they share. It is typical of Lord Waddington that he is having his memorial service in Clitheroe rather than across the road; that says a lot about where his priorities lay, and those of his family. Like other noble Lords who have spoken, I wish to pass on our good wishes and condolences to Lord Waddington’s wife and family.

[Lord Hope of Craighead (CB)]

My Lords, in wishing to associate myself with all the remarks that have been made, I am conscious that, like them, I was not in the House when Lord Waddington was serving here as Leader, although I was here when he returned from Bermuda in 1997.

Time marches on. Only 20 of the current membership of the Cross Benches were actually in the House when he was Leader, reflecting the fact that there is quite a bit of distance between us and that time. My predecessor in the office of Convenor at the time was Baroness Hylton-Foster. The office that I hold now was very much in its infancy, so I do not think she had quite the same warm working relationship that I have with today’s Leader.

I have one advantage, however. I remember sitting below the Bar during a debate at which Lord Waddington was certainly present. It was a debate on the future of the legal profession—a matter in which I am sure that he, as a former lawyer, took a close interest. The Government’s policy was, it is fair to say, not universally welcomed by the profession. It is worth recalling that the Lord Chancellor, who was sitting on the Woolsack at that time, was the noble and learned Lord, Lord Mackay of Clashfern. That reminds us of two things: that the Lord Chancellor sat in this House, and that the Leader was not the only Member of this House to sit at the Cabinet table. Those are two things we have lost, and which I am sure Lord Waddington would have valued very much.

When I passed through Gray’s Inn this morning on my way to the House, the flag was flying at half mast, in a very fitting tribute to Lord Waddington, as he was a bencher of that inn. One of his sons, who followed his father to the Bar, is also a member of that inn. To him and to all the other members of the family I would like, on behalf of all those on these Benches, to extend our condolences on their sad loss.

[The Lord Bishop of Newcastle]

My Lords, I would like to be associated with the comments already made about the late Lord Waddington, and to add a few words of tribute on behalf of these Benches. Although I came to the House shortly after Lord Waddington retired, I know that his Christian faith was a source of great comfort and inspiration to him. The “Waddington amendment” that bears his name was prompted by his concern that those who sincerely hold traditional Bible-based views on relationships should be able to speak freely under the law. Hansard records that in 1998 Lord Waddington asked Ministers,

“that those responsible for the Church’s forms of worship should not lightly tinker with the language of prayers which millions have learnt in childhood and from which they still find comfort at times of distress and grief”.—[Official Report,12/3/98; col.302.]

I like to think that this morning’s choice of Psalm 46 for Prayers would therefore have been appreciated, not least as a line from this psalm,

“God is our refuge and courage”,


features in the late Lord Waddington’s own coat of arms. Future worshippers at St John the Evangelist, Read-in-Whalley, will benefit from a new stained glass window kindly donated by Lord Waddington, which will be a long-standing and fitting memorial to his care and concern for that community, and to his devotion to public service. I offer my condolences to his wife, children, family and friends. May he rest in peace.

European Union (Notification of Withdrawal) Bill

Lord Hope of Craighead Excerpts

Monday 20th February 2017 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, my record in referenda has been mixed. Where I live north of the border I have taken part in three in recent years. I voted no in the referendum for devolution for Scotland in 1997, and the result went the other way; I voted no in the independence referendum in 2015, and the result fortunately went the way I voted; and I voted remain in the referendum last June—and as we all know, the result went the other way again. One out of three is my score so far, but my response to the result of all three is the same.

I recall clearly being challenged in this very place by a former Law Lord, Lord Wilberforce, when I spoke in a debate on the Scotland Bill, which followed the result of the referendum in 1997. With a genuine look of puzzlement on his face, he asked, “Why do you support devolution?”. “Because I believe in democracy” was my reply. These five words sum up the position that I find myself in now. Not only is there the result of the referendum itself but also the fact, as the noble Baroness the Lord Privy Seal reminded us, that there was a resounding majority in support of the Bill in the other place.

Therefore, however much I and the many, many others who have written to us during the past few days might wish that it were otherwise, I am convinced that there is no turning back. As it is, I confess to a keen desire to get on with the Article 50 process as soon as possible. I want to know where we are going. It has been made clear to us many times, particularly by the Minister, that the Government will not reveal their hand until notification is given and the process of negotiation is started. I am speaking only for myself, as I must do from this position on these Benches where all others speak for themselves, when I say that I find this acutely frustrating. I want the process to happen without delay so we can start focusing on the detail of the many issues of concern to us, both of substance and of procedure.

As for the wording of the Bill, its brevity calls to mind remarks made about legislation in a debate initiated by the noble Lord, Lord Butler of Brockwell, a few weeks ago: how good it is to find a Bill which says what it wants to say in as few words as possible; how good it is to have a Bill which does not have a Henry VIII clause—and, as the Explanatory Memorandum points out, there is no sunset clause, either. After all, the sun will scarcely have risen by the time the Bill’s purpose will have been spent. Is it too much to hope that the so-called great repeal Bill will measure up to those standards? Of course, this Bill leaves many questions unanswered on which we will wish to hold the Government to account. However, I do not see it as the function of the Bill to tie the Government’s hands before they proceed to invoke the article.

Let the Government have their Bill, I say. However, I would caution the Government against thinking that by introducing this legislation they have done all that the Supreme Court’s decision in Miller requires. Brevity is all very well but much more lies ahead. If passed, the Act will give the Government all the authority they need to give notification of the UK’s intention to withdraw from the EU under Article 50. That is what the Bill says. However, the notification does no more than start the Article 50 process. The article makes it clear that the process involves two more stages, both mentioned in the article: negotiation, and the concluding of an agreement between the Union and the state in question. The Bill says nothing about these two further stages. I do not think it needed to give the Government the authority to negotiate, as none of the rights of the people who have written to us will be affected or lost at that stage. However, the concluding of an agreement is another matter entirely. The Bill does not say anything at all about that stage of the process.

The White Paper—written, of course, after the Bill was published—now tells us that the Government will put the final deal agreed between the UK and the EU to a vote in both Houses of Parliament. That was confirmed by the Secretary of State in the other place on 7 February when he said that it was intended that the final agreement would,

“be approved by both Houses of Parliament”,

and that,

“this will happen before the European Parliament debates and votes on the final agreement”.—[Official Report, Commons, 7/2/17; col. 274.]

The timing is right, but obtaining approval by a resolution in Parliament is not the same thing as being given statutory authority to enter into that agreement—or, indeed, to withdraw from the EU if there is no agreement.

There is a respectable argument, which other noble—and noble and learned—Lords may say something about later in this debate, that only Parliament has the constitutional authority to authorise, by legislation, the concluding of an agreement with the EU or the act of withdrawal if that is what the Government decide that they have to do. As the Supreme Court said in Miller, at paragraph 123, a resolution of Parliament is an important political act, but it is not legislation and,

“only legislation which is embodied in a statute will do”.

That was why the court held that the change in the law that would result from commencing the Article 50 process must be made in the only way that our constitutional law permits: namely, through parliamentary legislation, which is where we are today. The argument that the Government may face is that the same reasoning must be applied to the final stage in the process, too. Even if there is some doubt about this, legislation would provide legal certainty. It would minimise the risk of further legal challenges.

All I am seeking to do is to caution the Government against thinking that this Bill on its own will give them all the authority they need, or that obtaining approval for an agreement by resolution is the same thing as being given statutory authority to conclude that agreement. They could have provided for that in this Bill, perhaps using the same formula as in Clause 1, by saying that the Prime Minister may conclude an agreement with the EU if the agreement has been approved by both Houses—but it has not done so. I must make it clear that I will not be asking for the Bill to be amended. Others may do so but, so far as I am concerned, it is up to the Government. My point is that they cannot escape from the effect of the Miller decision when we reach the end of the negotiation. It is all about respecting the sovereignty of Parliament. The law will see to that whatever the Government think, as it always does. I do hope that the Government will be sensible about this, and that further recourse to the courts will not be necessary.