Strathclyde Review

Lord Hope of Craighead Excerpts

Thursday 17th November 2016 Lords Chamber

[Lord Hope of Craighead (CB)]

I do not think that this debate can conclude without mention of Henry VIII. Repeatedly, some Members—certainly on my Benches—have complained about the overuse of Henry VIII clauses. Can the Government look more carefully at that? It is not only the use of them but the wording used; sometimes one can see the force of having a clause of that kind, but can find it is overdone. There is really a major issue here as to whether this should be properly controlled.

[Baroness Evans of Bowes Park]

I assure the noble Lord that when we legislate we most certainly do, and will, take care to ensure that powers are delegated appropriately.

Tributes: Baroness D'Souza and Lord Laming

Lord Hope of Craighead Excerpts

Monday 5th September 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, it is a pleasure to follow the Leader of the House and the Leader of the Opposition in paying tribute to the noble Baroness, Lady D’Souza, on behalf of the Liberal Democrat Benches, and to give our thanks to her for the dignity with which she discharged her duties as Lord Speaker. It is, of course, a comparatively new post and, building on the foundations laid by the noble Baroness, Lady Hayman, the noble Baroness, Lady D’Souza, has developed and shaped the office during her time in that role.

The noble Baroness performed her ceremonial roles with considerable dignity. I always thought that she found exactly the right words whenever welcoming and thanking visiting dignitaries. The fact that both the noble Baroness the Leader of the House and the noble Baroness, Lady Smith of Basildon, talked about her outreach work, shows the stamp she put on the office. She ensured that the office of Lord Speaker did not focus inward on your Lordships’ Chamber but was outward facing. She developed an extensive outreach programme with the public. She spoke with many civil society and educational groups, attended countless public meetings across the country to describe the work of the House, and continued and expanded the innovative Peers in Schools programme, reaching out to schools far and wide.

She also sought to bring the outside world into Parliament. The noble Baroness, Lady Smith, reminded us of the visit of President Jimmy Carter. For me, it was a most memorable event. Her decision to invite him was significant because he was willing to accept. I do not know whether it was cunning or inadvertence on her part, but the initial invitation to us was just to a lecture by President Carter. It was only on the day that I realised that the subject was to be the eradication of Guinea worm disease. I must confess that I did not expect to be quite so fascinated by a parasitic infection. This lecture, given as part of the Lord Speaker’s global lecture series, demonstrated again the commitment of the noble Baroness, Lady D’Souza, to strengthening links between Parliament and the wider community outside. This has been complemented by her work in strengthening the relationships of this House with many Parliaments overseas.

She had the challenge, if I may put it like that, of chairing the House Committee. I wonder how many former members of the committee share my view that her initiative in the last six months of her term in hosting the meetings in her rooms, accompanied by refreshment, boosted their productivity and seemed to shorten them.

Throughout her tenure as Lord Speaker, the noble Baroness, Lady D’Souza, fiercely sought to safeguard the reputation of this House at a time of increased scrutiny. At our regular meetings we often discussed our shared interest in upholding the good standing of this House and working through a number of difficult issues to find the best solutions for the House and all its Members. It is with much affection that, on behalf of these Benches, I wish her very well as she stands down from the role.

I also pay tribute to the noble Lord, Lord Laming, for stepping into the role of Chairman of Committees at what was, we recall, a difficult time for your Lordships’ House. As they say, a volunteer is worth 10 pressed men or women. The noble Lord was always assiduous in his role, seeking to work in a most consensual way for the benefit of the House. His courtesy, respect for colleagues, attention to detail and steady guidance have been of considerable benefit, and he has always taken care to fully understand the issues. Again, I extend our warmest and heartfelt thanks to the noble Lord, Lord Laming, and wish him well in his chairmanship of the new Services Committee, to which he brings considerable experience.

I also welcome the noble Lord, Lord McFall of Alcluith, to the post of Senior Deputy Speaker. We go back many years to our time together in the House of Commons, and I know that that post is in secure hands. I also welcome our new Lord Speaker, the noble Lord, Lord Fowler. As the noble Baroness, Lady Smith, reminded us, he is the first man to hold the post. The noble Lord’s election demonstrated that he has the overwhelming confidence of this House and I wish him very well indeed in his new role.

[Lord Hope of Craighead (CB)]

My Lords, perhaps I may be permitted to add a few words from these Benches, as both of those to whom we are paying tribute this afternoon were previously Convenors of the Cross-Bench group and it is to this group that they have both now returned.

The noble Baroness, Lady D’Souza, came to the Cross Benches when she was made a Member of this House in July 2004. Her warm and generous personality made an immediate impact, and it came as no surprise when she was elected Convenor only three years later, in 2007, in succession to Lord Williamson of Horton. She held that position for nearly four years until her election as Lord Speaker in 2011. Then it was the noble Lord, Lord Laming, who was elected by the Cross Benchers to take her place as their Convenor. When he retired after serving his full term of four years, he must have thought—as the noble Baroness, Lady Smith of Basildon, suggested—that the time had come for him to take a back seat and lead a quieter life. But, of course, those who were wondering who was best suited to take over as Chairman of Committees at a critical time had other ideas. We were so very fortunate that the noble Lord was willing to be persuaded to fill the gap. No one was better suited to do this than he was.

I well remember the day when the noble Baroness contributed her own words as Convenor to the farewell to the Law Lords when the appellate jurisdiction of this House came to an end in July 2009. We the Law Lords were all sitting that day on the Cross Benches as members of her group for the last time before we were disqualified on our move to the Supreme Court. We appreciated her kind words very much. For me, four years of disqualification followed. So I was unavoidably absent for the rest of her convenorship, for the first two years of her time as Lord Speaker, and for the first two years of the noble Lord’s time as Convenor. However, when I came back in the summer of 2013 I was able to see them both in action.

It struck me at that time, and has been borne in on me even more now, that we expect an awful lot of our Lord Speaker. It seemed to me that her position on the Woolsack, although always dignified, was a rather lonely one. As others have said, her real contribution to the House has been in the work she has done outside the Chamber. For many of your Lordships much of what she did there was not obvious, but it has been my privilege during the past year to see quite a lot of her. I had regular meetings with her when she was Convenor, attended functions over which she presided and saw her work as chairman of the House Committee and as a member of the Procedure Committee and the Committee for Privileges. On each of these occasions she played an important and valuable role, always putting the needs of the House before all other considerations.

As for the functions, I remember the great ones, which included the addresses in the Royal Gallery by the President of China and the German Chancellor, Angela Merkel, over which she and the Speaker presided, as well as the more intimate ones on her own in the Reading Room, particularly the one that both the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Wallace, mentioned, when Jimmy Carter came to talk to us about his work to eradicate the Guinea worm disease. My recollection of that event is that she took the risk at the end of the lecture of asking whether anyone had any questions on what he had been talking about. Anyone who has chaired a lecture knows how risky that can be. I still remember the look on her face when a wholly irrelevant and really rather naughty question was asked by a journalist: “Trump or Clinton, who will it be?”. That was six months ago, long before we knew who the final candidates would be, and I remember the look of sheer relief on her face when Jimmy Carter dealt with the cheeky question head on, generously and at length, instead of refusing to answer it—although, of course, skilled politician that he is, he did not really answer the question.

The noble Baroness did us proud on these occasions, charming our visitors with her grace and the warmth of her welcome. There were hard times for her, too, as the holder of any great public office must experience from time to time. Whatever she felt inside, she bore them with remarkable courage and fortitude. We have much to be grateful for. All of us on the Cross Benches wish the noble Baroness well on her retirement from the many responsibilities that she has borne so well. We look forward very much indeed to welcoming her back to these Benches, where she still has so much to contribute.

We welcome, too, the return to these Benches of the noble Lord, Lord Laming. Let us be clear that it is certainly not because of what he has done that the role of Chairman of Committees has been reformed. He brought to that office a charming mixture of kind, self-deprecating humour and quiet efficiency. Committee meetings under his chairmanship, for which he always prepared very carefully, were always a pleasure and he struck exactly the right tone when presenting his committee’s reports to the House. We have much to be grateful for and I know that I have the support of all of those who are with me on the Cross Benches when I say how much we appreciate what he has done in that role. As has already been said, we are very fortunate indeed that he has agreed to serve from these Benches as the first chairman of the Services Committee as it settles into its new responsibilities. So, as I am sure he knows only too well, the work that he is doing for the House is not yet over.

On behalf of these Benches I also extend a very warm welcome to the noble Lord, Lord Fowler, as our new Lord Speaker and to the noble Lord, Lord McFall, in his new role looking after the committee system, which has been so carefully reformed. We look forward very much indeed to working with them both in the future.

[The Archbishop of Canterbury]

My Lords, on behalf of the Lords spiritual I join in the tributes to the noble Baroness, Lady D’Souza, and to the noble Lord, Lord Laming. The noble Baroness, Lady D’Souza, has been a great friend to the Lords spiritual, who normally arrive with even more trepidation and less familiarity with the processes of a House such as this than anyone else coming here. She has been assiduous in seeing new bishops and advising them, and then advising them later when they did not quite make it—something that I appreciated on more than one occasion. She always did it with the greatest tact and courtesy and I think that we would all say that she was an encourager of great aptitude.

I associate these Benches with the tributes to her for her work in publicising the work of the House in schools and further afield, and for her work in bringing forward the place of faith in public life. I remember well her hosting the visit of the Grand Imam of al-Azhar in her state rooms in 2015. It was a challenging and difficult meeting which, as always, she handled with extraordinary skill. She was also continually prodding us to make sure that the presence of women on these Benches became both a possibility and then, through the women bishops Bill, which she supported, a reality.

House Committee

Lord Hope of Craighead Excerpts

Thursday 21st July 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, support the Motions moved by the noble Baroness the Leader of the House. The point made by the noble Lord, Lord Balfe, with regard to Members’ allowances will be very much on the agenda of the new House of Lords Commission, as it has been recently on the agenda of the House Committee.

With respect to the Procedure Committee report, I, too, welcome the fact that the pilot scheme for having ballots during recesses for Oral Question slots has now been put on a permanent basis. The pilot schemes have shown that this works and helps those who live outwith London. I also very much welcome the fact that we are to have Clocks showing seconds, as I think that will help to get us through debates. If noble Lords are given an advisory speaking time of seven minutes, there is a tendency—this is only natural—when we see seven minutes up on the Clock to think that we are still within the advisory time when, in fact, we have run over. The noble Baroness the Leader of the House mentioned the Clocks being replaced. Can she indicate when the Clocks are likely to be replaced and we will have Clocks showing seconds?

With regard to the recommendations of the Leader’s Group on Governance, I echo what has already been said. I pay tribute to and thank the noble Baroness, Lady Shephard, for the work that she and her group did on this matter, and, indeed, the previous Leader of the House the noble Baroness, Lady Stowell, who set all this in motion and gave it the impetus to see it through to the Motions before us today.

My noble friend Lady Maddock made an important point and I hope that, when she replies to the debate, the Lord Privy Seal will be able to offer some reassurance on it. My recollection of the governance report is that it indicated the intention that there should be a Speaker’s advisory committee. I think that continuity in that regard was anticipated. However, if the noble Baroness can offer reassurance on that point it would be very welcome.

If we are to perform our duties in this House in scrutinising the Executive, we need facilities and services to enable us to do it. Therefore, it is important that when we take decisions on how we administer these services and facilities they are taken in an open, transparent and accountable way, and they meet high professional standards.

During the consultations that were undertaken by members of the Leader’s Group, many people on the Back Benches in particular spoke of the need for some radical change. I believe that this is what the report came forward with and what we are now delivering. We have a strong senior committee and now two other very important committees, the Finance Committee and the Services Committee. It is important that they examine the culture of committees as well as basic administration and the way that it is undertaken.

I hope that all members of the new committees will embrace this philosophy and find new and innovative ways of working that engage more Members from right across the House in the decision-making processes. I know that my noble friend Lady Doocey—I am delighted that she will be chairing the Finance Committee—is keen to explore how to do things differently. I am also delighted that the noble Lord, Lord Laming, who has given such service in particular in the last year, will be chairing the Services Committee. I also congratulate the noble Lord, Lord McFall, of whom I have been a colleague in both Houses; I know that he will discharge his duties as Senior Deputy Speaker in a way that will engage colleagues. I therefore confirm my support for the recommendations from the Leader’s Group and for the Motions before the House today, which implement these much-needed reforms.

[Lord Hope of Craighead (CB)]

My Lords, I just add a word from these Benches in support of the Motions that the Leader of the House has moved and endorse all that she has said in introducing them. For my own part, I emphasise two points. First, on the identity of the two key people chairing the Commission and the Services Committee—and also the Finance Committee, because so much rests on its shoulders to progress into the new system—the fact that the noble Lord, Lord Laming, will chair the Services Committee is particularly important because he can carry through into the new system his knowledge and understanding of how the previous committees worked.

The other point that I stress is one that the noble Baroness made in her few remarks—that built into this approach is a commitment to reflect on its operation at the end of the forthcoming Session. It is important that we should have that amount of flexibility, so that we can assess exactly how things are working out. Inevitably with a new structure, one has to set up the structure first to see how it works in practice, given the personnel who make it work. I endorse exactly what the noble Baroness said about the reassurance that Members who may have some concerns should feel, given the willingness of everybody involved in these new structures to look again at whether they need any changes—they might not—and to see that everything is working as we would wish. Without repeating them, I also endorse the remarks made by the noble Baroness, Lady Smith of Basildon, and the noble and learned Lord, Lord Wallace of Tankerness.

[Baroness Evans of Bowes Park]

My Lords, I am grateful to all noble Lords for their contributions and I shall pick up on a couple of the points raised. In relation to the comments of the noble Baroness, Lady Maddock, the new Lord Speaker will be working with the old committee to consider the best way to proceed but continuity, as the noble and learned Lord, Lord, Wallace, said, will be an important consideration. As the noble Lord, Lord Campbell-Savours, said, the Services Committee chair can help with that—we will certainly look forward to working closely with her.

My noble friend Lord Balfe mentioned the election of Back-Bench Members. We do not operate elections for any other committees in this House but, if it is something that he wishes to pursue, I suggest that the new Senior Deputy Speaker would be the appropriate port of call, with apologies to him for handing over that grenade. I am sure that he would be delighted to have a conversation, although he is not looking so happily at me. We have got off to a good start.

The noble and learned Lord, Lord Wallace, asked about Clocks. I am afraid that I do not have a timescale but it is apparently likely to be months rather than years, which I hope will please him. As the noble Baroness, Lady Smith, and the noble and learned Lord, Lord Hope, said, we want to make sure that these structures work and we need to reflect—I agree that we need to have a period of reflection. There will be an opportunity at the end of the Session to consider whether there are worthwhile changes that we can make.

On that note, I again thank all noble Lords and I wish everyone a very relaxing Summer Recess. With that, I beg to move.

Motion agreed.

Government: Ministerial Changes

Lord Hope of Craighead Excerpts

Monday 18th July 2016 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, from these Benches I pay a warm and special tribute to the noble Baroness, Lady Stowell. She and I first worked closely together on the Bill to which the noble Baroness, Lady Smith of Basildon, referred, the Marriage (Same Sex Couples) Bill in 2013. I certainly remember very well the evening when she tackled what was a difficult issue with great humour and was able to explain it in a way which, at the end of the day, everyone understood. It received Royal Assent three years ago last week. That was a productive and friendly working relationship, and one that continued not only during our time together in government, when I served as her deputy as Deputy Leader of the House, but since the general election last year when, although on opposite sides of your Lordships’ House, we still had to meet regularly, always with cordial co-operation, albeit that we did not always agree.

The skill that the noble Baroness demonstrated in steering that Bill through the House and dealing with the many difficult issues during her time as a Minister in the Department for Communities and Local Government put her in good stead to lead your Lordships’ House. During her tenure as Leader, the noble Baroness constantly looked to see how we could improve the ways in which we operate to ensure that we are as effective as possible in how we conduct ourselves—as has been said, it is never easy. I know from our many conversations that she was ever mindful of trying to safeguard the reputation of your Lordships’ House, particularly when we are understandably under so much public scrutiny.

The noble Baroness also recognised some of the shortcomings of our domestic governance arrangements and set up a working group under the direction of the noble Baroness, Lady Shephard of Northwold, to review and make recommendations for new ways of working. The final Motions to put those changes into effect are due to be put before the House on Thursday, and I am sure these new structures will serve as a lasting legacy to the work of the noble Baroness, Lady Stowell, and her determination to ensure that this House always looks to improve itself and to be the best it can be.

I also take the opportunity to welcome the noble Baroness, Lady Evans of Bowes Park, to the role of Leader of the House. She takes on this role at a momentous time for our country as the Government negotiate our withdrawal from the European Union. I know your Lordships’ House will take a keen and particular interest in these negotiations as they progress, and I am sure the weight of experience in this House and the very valuable work done by our European Union Committee will be of assistance to her as she represents our House in government.

When I welcomed the noble Baroness, Lady Stowell, to her role as Leader on 15 July 2014, I noted that later that afternoon she would have to attend her first meeting of the House Committee. The noble Baroness, Lady Evans, will have to wait a bit longer for that particular perk of office—it will be tomorrow afternoon. Indeed, when I saw on today’s Order Paper the Motion substituting the noble Baroness, Lady Evans, for the noble Baroness, Lady Stowell, on a whole range of committees, I recalled that when I succeeded my noble friend Lord McNally as leader of the Liberal Democrat Peers, the previous Chairman of Committees moved a similar Motion and said that he did so with commiseration. Aspiring candidates to succeed me on these Benches may wish to take note.

I look forward to working with the noble Baroness, Lady Evans, for a few more weeks still, and wish her the best of luck in her new role as Leader of Your Lordships’ House.

[Lord Hope of Craighead (CB)]

My Lords, on behalf of my colleagues on the Cross Benches, I, too, associate myself with the warm and well-deserved tributes that have been paid to the noble Baroness, Lady Stowell, and wish her well as she returns, as I am sure she will, to the Back Benches. Like others in the House, I confess to having been taken aback by the speed of events last week. The first indication I had that she was no longer to be Leader and Lord Privy Seal was when I arrived at her office at midday on Thursday for one of my regular fortnightly meetings with her to be told for the first time ever by one of her secretaries that she was too busy to see me. Unexpectedly, the meeting had had to be cancelled. As I returned down the corridor to walk back to my office, the expression on the faces of various people whom I passed who already knew more than I did suggested that there was much more to it than that. The sadness at what was happening was very evident.

I know from my many meetings with her during the past year in my capacity as Convener, which I very much valued, how much she cared for this House. Her sudden departure has meant that some of the things that she wished to do will have been left undone, but she has done much, as the noble Lord, Lord Wallace, said, to promote and carry through fundamental reform of the committee structure by which the business affairs of the House are to be governed, and that can indeed be regarded as her legacy. She brought home her concern for the traditions and customs of the House to me on a personal level, too. On several occasions, when it seemed to her that I had said or done something that was not quite right, she was quite candid—to adopt the adjective used by the noble Baroness, Lady Smith. She would tick me off. I can assure your Lordships that this was always done with a smile on her face, in the most tactful manner. As a newcomer to the arcane arts which I have now to perform on behalf of my colleagues on these Benches, I valued those gentle reminders, and I was grateful for her guidance and encouragement. They were a reminder to me, too, of how much she cared for the traditions and best interests of this House. We wish her well and look forward to the contribution that she can certainly make to our work in the future.

I take this opportunity to welcome most warmly to her very important role the noble Baroness, Lady Evans of Bowes Park. She brings to its responsibilities a very evident spirit of energy and enthusiasm—and, dare I say it, unusually for a Member of this House, she has youth on her side, too. These are challenging times, when those qualities will be much needed. On behalf of the Cross-Bench group, I look forward very much to working with her in my capacity as Convenor, and I wish her all success as she enters into the duties of her office.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, first, I echo the tributes paid to my noble friend Lady Stowell. I know that she was incredibly proud to be Leader of your Lordships’ House and was unwavering in promoting our role in the parliamentary process. Noble Lords have referred to her outstanding work on the equal marriage Bill in the Chamber, and as Leader she was just as tenacious, making the case for your Lordships within government. She saw an essential part of the Leader’s job as maintaining the legitimacy and credibility of the Lords as a revising Chamber, while also making sure that the Government secured their business. She wanted us to focus first and foremost on complementing and refining the work of the other place, helping to give the public confidence in the parliamentary process. She can be proud that, in her time as Leader, that spirit shone through in everything she did. Indeed, it is greatly to her credit that the legislative programme of the first Conservative Government for nearly 20 years was delivered, despite there being no Conservative majority in this place. As a Whip on several much-debated Bills, I have the battle scars to prove just how difficult that was.

My noble friend was just as relentless in striving to ensure that, as a House, we did whatever was necessary to meet the expectations of the people whom we serve. She worked hard behind the scenes to make sure that the Hayman Bill had a fair wind, and nobody has done more to promote the cultural shift that we have seen with the introduction of retirement, whereby the 50 Peers who have stood down exemplify our ability as a House to adapt. My noble friend will continue as co-chairman of the committee looking at the future of the Palace of Westminster, which is further testament to her respect for this House.

Personally, I am privileged to call my noble friend a friend. She has been incredibly supportive to me since I came into your Lordships’ House, for which I am truly grateful, and was always ready with words of encouragement, serving as a great role model for me. I was fortunate to serve under her and, on behalf of all noble Lords, I sincerely thank her for her service.

Finally, I thank noble Lords from across the House for their messages of support since my appointment. While I am, I know, a relative newcomer, I have a deep appreciation and admiration for the important role that this House plays in governing our great country. I am honoured to have been asked to be a member of the Cabinet by the new Prime Minister, but I am particularly proud to be Leader of the House of Lords—and by that I mean Leader of the whole House and not just the Conservative Benches. I assure your Lordships that I shall work tirelessly to do this House proud, building on the excellent work of my noble friend.

House of Lords: Domestic Committees

Lord Hope of Craighead Excerpts

Monday 9th May 2016 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I also thank the noble Baroness the Leader of the House for initiating this debate and congratulate the noble Baroness, Lady Shephard of Northwold, and the other members of her group—including the noble Lord, Lord Turnbull, from these Benches, who unfortunately cannot be here this afternoon—on their helpful and constructive report. I congratulate the noble Baroness on the compelling way in which she presented the report and the reasons for the conclusions that were reached.

At first sight, this is perhaps not the most exciting topic for a debate, but keeping our systems for organising how this place is run effective and up to date is a matter of first importance. I am very glad we have been given this opportunity to discuss what the report recommends. I am sure that both the Leader and the noble Baroness, Lady Shephard, will be encouraged by the number of noble Lords who have remained in their places to listen to their speeches and, indeed, will be present for the rest of the debate.

I think one must have a basis of knowledge and experience to subject a report of this kind to constructive criticism. I am very conscious that I am a relative newcomer to the work of the domestic committees. It was not the practice for the Lords of Appeal in Ordinary to be asked to serve on them when I was serving here as a Law Lord. Then, for four years, on moving to the Supreme Court as its Deputy President, I was disqualified from taking any part in the work of the House and my interest in what was going on here diminished accordingly. My disqualification was lifted in July 2013, after my retirement from the court, and suddenly, on taking up the post of Convenor last October, I found myself a member ex officio of two of the committees concerned with the governance of the House—the House Committee and the Administration and Works Committee—as well as of the Procedure Committee and the Privileges and Conduct Committee, with whose work the report is not concerned. So I have that advantage. I follow the noble and learned Lord, Lord Wallace of Tankerness, in expressing my admiration for the work of the committees of which I now find myself a member and all those who contribute to their discussions.

As I am not a member of the three other domestic committees—the Refreshment, Information and Works of Art Committees—I have no first-hand experience of their work; nor do I have any experience of their work at second hand as, unless I am very much mistaken, there are no arrangements for the work of these other committees to be subjected to regular scrutiny by the House Committee, as the governance structure in figure 1 on page 9 of the report suggests it ought to be. I may not have been paying attention. If that is the case, I apologise, but I simply cannot recall the kind of communication between these committees in either direction that one might have expected. During my time on the House Committee I have not had to consider anything about the works of art with which that committee is concerned.

I have no doubt that the officials on whom we depend so much for what goes on in this Building are well in touch with each other, and that the high quality of their work is not affected at all by any defects that may have been drawn attention to in the noble Baroness’s report. But my experience suggests that there is a lack of clarity about how the committees should work with each other and the roles of the Members who serve on them. Given my experience, I do not require much persuasion that there is a real problem here that demands our attention.

Another feature that perhaps should be stressed is the relationship with the House of Commons. I have become aware through my membership of the House Committee of what is going on in the House of Commons. About two-thirds of our services are shared and, as the report points out, there is a growing need for a sense of cohesion and shared purpose between the two Houses. Those who serve on the House Committee at least are very much aware of this and of the work that is being done to achieve this where it is in our interests to do so. The main driver for this, no doubt, is the need to achieve efficiency savings right across the board in public expenditure, but working together is not just about saving money; the increased efficiency that it brings is a virtue in itself.

The recently introduced governance structure in the House of Commons, which is set out in figure 2 on page 12 of the report, has been designed in the interests of efficiency. In comparison with what the other place now has, our governance structure does look rather out of date. I agree with the report that greater clarity is needed, especially about the role of the senior committee. I do not think we should copy precisely what goes on in the other place but I agree with the report that greater similarity between the overall structures of our respective domestic committee systems is desirable. That should make the process of decision-making in the areas of shared and joint services simpler and easier to achieve. I also welcome the recommendation that the work of the senior committee should be supported by two non-executive members with suitable boardroom experience. In an increasingly complex world, we need to keep pace with the outside world in how the managerial functions of such a body are and should be conducted.

Lastly I welcome, too, the emphasis on the need for behavioural changes on the round-table approach to our meetings. Rather like the noble and learned Lord, Lord Wallace, I do not think I am giving away a secret when I say that at the last meeting of the House Committee, which was chaired by the Lord Speaker, we were shown how those could work effectively. We were invited to the River Room and served with biscuits and tea, as we sat around a table with a white tablecloth to discuss the business of the committee. It was a welcome change and, perhaps, an example of what can be achieved to make our discussions a little more friendly and constructive.

In principle, therefore, I agree that the structure recommended in this report should be implemented. I hope this can be done without delay but I should like to mention a number of points of detail. They are concerned with what the Leader of the House referred to as the next phase. For that reason, they are matters not fully set out in the report but I suggest that we need to give careful attention to what lies ahead and I offer these thoughts with that in mind.

First, I have some questions about structure and timing. Reference is made in paragraphs 64 to 69 of the report to the need for clarity in delegation and the setting of targets. I of course welcome the emphasis on both. The first task of the senior committee is to be for it to define its terms of reference and report them to the House for ratification. Only after that has happened, it seems, can the terms of reference of the supporting committees be approved and the appropriate delegations take place. This sounds very sensible but how is it to work in practice? Which committee is to be set up first? I assume it will be the senior committee, as the services committees cannot start work until their terms of reference have been worked out for them—and that cannot happen until the senior committee’s terms of reference have been ratified.

If I am right about this, however, the phasing of the transfer of responsibility from the old committees to the new will require careful planning. The existing committees will have to remain in being until the committees to which they will transfer their responsibilities have been established. We must remember that we are talking here about real people and the contribution our Members, from all groups, make to the running of the House. The work of the officials will no doubt go on as normal but for the Members it is different, as the scrutiny committees on which they serve are created or cease to exist. In their interests I ask: what is the timing to look like? Can each of the committees be given a business plan for this, so that the whole process is completely understood and properly co-ordinated?

Then there are the criteria for appointments, to which paragraph 88 of the report refers. I see merit in the proposal that there should be more stringent criteria for nomination and that the chairs of the two supporting committees should have an input into that process but here, too, there are questions about timing. When and how are the chairs of these committees to be appointed? As they are to be members of the senior committee as well, it would seem that they need to be identified and appointed at the outset, when that committee is being set up. But for the recommended process to make sense it would seem that their appointments should precede the nomination of the other members of their respective committees. Is that what is intended?

It would seem to follow, too, that they would need to be appointed before the terms of reference of their respective committees have been worked out and that they should be able to contribute to that process. That would seem a sensible way of dealing with the matter but, again, is this what is intended?

Lastly, I suggest that we need a little more clarity as to who is to take on the responsibility of presenting the reports to the House from the domestic committees when the post of Chairman of Committees—whose present holder does such an excellent job under our current arrangements—is brought to an end, as recommended in paragraph 70. In that paragraph, it is said that the holder of the new post—let us call him the senior deputy speaker—should concentrate on areas of procedure and conduct. But if that is to be so, who will be answerable to the House for the work of the other committees—the senior committee and the services committees? I suppose the chairs of the services committees should fulfil that role in their individual cases, but at least one of these chairs is likely to come from the party groups. What about the senior committee, which most of all needs someone to speak in the House on its behalf?

At first sight, the choice would seem to lie between the senior deputy speaker and the Lord Speaker, but of course under our current arrangements the Lord Speaker does not have a speaking role. It was otherwise when we had a Lord Chancellor—I remember very well debates being conducted with great skill from the Woolsack—but those days are past and it may very well be a step too far for the Lord Speaker to assume the responsibility of speaking on behalf of these committees. Does this then mean that the responsibility for answering for the work of the committees should be given to the senior deputy speaker? If it is, following the comment of the noble and learned Lord, Lord Wallace, would that affect the salary that that post might be expected to attract?

I throw these points out for further thought, well understanding that the Leader is not in a position to provide answers to them. It suggests, however, that a great deal of thought is still needed, and discussions will no doubt take place to find proper answers. I am sorry to have detained your Lordships for so long with these points. This afternoon we are really looking at the recommendations in principle, and I offer from these Benches my support for what the report has recommended to us.

House of Lords Appointments Commission

Lord Hope of Craighead Excerpts

Thursday 21st April 2016 Lords Chamber

[Baroness Stowell of Beeston]

It is very important that all Peers make a proper contribution to this House in a way that enables us to give the public confidence in the laws that Parliament makes. However, it is absolutely appropriate and proper that the party leaders are responsible for ensuring that those they nominate will make their contribution effectively, and that they are held to account for that. The process and service that HOLAC provides is important. When it makes recommendations, no Prime Minister, whether this one or any before him, has ever ignored that commission’s advice.

[Lord Hope of Craighead (CB)]

My Lords, there is nothing wrong, as the noble Lord, Lord Forsyth, has been indicating, with the powers of the commission as far as the Cross Benches are concerned, but there is an issue about numbers and maintaining a fair balance between the Cross Benches and the other groups in the House. Would the Leader of the House be prepared to give an indication that that balance, which is approximately 20% of the House, will be maintained? Ultimately, the decision on numbers depends upon a communication between the chairman of the commission and the Prime Minister, so the Government do have a part to play in seeing that numbers are maintained.

[Baroness Stowell of Beeston]

And the number of Cross Benchers as a proportion of this House has been pretty stable for about three decades now. There is not actually a specific formula for the number of Cross Benchers, but the noble and learned Lord makes an important point about the importance of the Cross Benches to our work. That is why, alongside other appointments that the Prime Minister has made in recent times, he has made important appointments to the Cross Benches of noble Lords who are making an active contribution to our work, and that is something I know he will continue to do.

Her Majesty the Queen: 90th Birthday

Lord Hope of Craighead Excerpts

Thursday 21st April 2016 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, from these Benches, I am delighted to add our good wishes and congratulations to Her Majesty the Queen on this very special occasion of her 90th birthday. Her Majesty has had, and continues to have, an extraordinary life which she has dedicated in service to our country.

As we have heard, we are living today in a very different society from the one into which Her Majesty was born 90 years ago today. Then, the sufferings and losses of the Great War were still raw. It was less than a decade since the United Kingdom had emerged from the horrors of the First World War, vowing that such devastating conflict should never happen again. And yet, sadly, it did happen again, when Her Majesty, then Princess Elizabeth, was barely a teenager. As we have heard from the Leader of the House and the Leader of the Opposition, during the Second World War Her Majesty not only served in the Auxiliary Territorial Service but brought comfort to many young people by broadcasting a message to evacuees, urging them to have courage.

Thankfully, today the prospect of war breaking out in the heart of Europe is unimaginable. Today, too, we are living in a world which is far more interconnected than it has ever been. Again, the Queen has fully engaged with this changing world. The metamorphosis of empire and colonial rule into the Commonwealth of free nations has in no small way been achieved by the Queen’s strong personal commitment to that unique institution and force for good in the world. She has kept up with technology and the IT revolutions which have transformed our world. In March 1976, when almost 50, and taking part in a network technology demonstration, the Queen was the first Head of State to send an email, although I rather suspect they did not call it that then.

Throughout the huge change that this country has experienced in the past 90 years, Her Majesty has been a constant, standing with her people whether it be in times of tragedy or times of joy. Her unwavering sense of duty, supported for more than 68 years by the Duke of Edinburgh, and her commitment to the service and welfare of the people of this country are surely an inspiration to us all. When speaking in your Lordships’ House on the eve of Her Majesty’s 80th birthday, my noble friend Lord McNally recalled the vow that the then Princess Elizabeth made in Cape Town on her 21st birthday. She said:

“I declare before you all that my whole life, whether it be long or short, shall be devoted to your service”.

Gladly, it has been a long life and surely no vow has been more dutifully honoured.

On behalf of my Liberal Democrat colleagues, I offer my warmest good wishes to Her Majesty the Queen on this most joyous of milestones for a day full of love and affection from family, friends and a grateful nation. Long live our noble Queen!

[Lord Hope of Craighead (CB)]

My Lords, as the House knows, members of the Cross-Bench group whom I represent seldom, if ever, speak with one voice. I am reminded of that feature of our existence almost every day, but this occasion, surely, is quite different. I know that each member of the group would wish me to say how delighted we all are to be associated in every way with what has been said, and that we join together as one in supporting this Motion.

The Cross-Bench group brings to this House Members with a wide range of experience. Many have spent their entire working lives in the public service. Some, by reason of the positions that they have held, have a much greater appreciation than the rest of us of the volume of work with which Her Majesty has lived for so many years, with such a great sense of dedication and commitment. But all of us, in one way or another, have our own memories of her and of the service that she has given. We can all share in the memories of the great occasions.

Perhaps one above the others that deserves to be remembered today is Her Majesty’s state visit to Dublin in May 2011. Her remarkable speech at the state dinner in Dublin Castle was surely an extraordinary moment in history, which only she could bring about. Her silent tribute in the garden of remembrance the previous day had done so much to settle memories of the past.

One occasion that stands out in my own memory, because I was there, was her Address to both Houses in Westminster Hall on the occasion of her Golden Jubilee. It is hard to believe, but that was 14 years ago in 2002. The then Speaker, Speaker Martin, and the Lord Chancellor, the noble and learned Lord, Lord Irvine of Lairg, who I am glad to see is in his place, presented their addresses and handed them to her after reading them. Then it was her turn. She stood up and went forward to the microphones to read her own speech. There was no table; there was no lectern; she held her speech in front of her as she stood alone, I thought with great courage, on the steps in front of a huge audience. Unlike the speeches at a State Opening, that speech was her own creation—full of warmth and perfect for the occasion. She ended with a triumphant sentence assuring us of her resolve to continue to serve us all to the best of her ability. It was faultlessly read, as always, in a firm, clear voice. She then sat down to prolonged applause, which lasted for well over a minute. She seemed not to have expected that, and was greatly moved by that applause, but it was so well deserved.

Later she joined us for a reception in the Royal Gallery. One of the Law Lords who was with me had his back to her as she reached us. He was tapped on the shoulder by the Lord Chancellor. My colleague had the misfortune to be in the process of eating a large biscuit. Something was bound to go wrong and, indeed, it did. When he turned round, he was so astonished to see her standing beside him that he dropped his biscuit onto the floor right in front of Her Majesty’s feet. Her Majesty, who has a great sense of humour, was much amused. Another Law Lord, a judge from New Zealand, was then introduced. Her Majesty said to him, “I hear that you are about to end your appeals to the Privy Council”. He replied that it would not affect him, as he had already reached the retirement age of 75 and would no longer be able to sit. “When was your birthday?”, she asked. When he said that it was in June, she exclaimed, “You are two months younger than I am”. So much hangs on those words—we can all do our own arithmetic—but those words were as clear a demonstration as there could be that retirement was not for Her Majesty, that it is not and it never has been. How blessed we all are that this is so.

On behalf of all of us on the Cross Benches, I join with the rest of the House in supporting the Motion and wishing Her Majesty a very happy birthday. We offer her our warmest congratulations and our profound thanks. I think it is also right to say that we offer our profound thanks to His Royal Highness the Duke of Edinburgh—always there at Her Majesty’s side and with his own unique sense of humour, as has been said. For him, too, surely, this is a very happy day.

[The Archbishop of York]

My Lords, on behalf of the Archbishop of Canterbury and all the Lords Spiritual, I wish to endorse most heartily the proposed message of congratulations to Her Majesty, by divine providence Queen, head of the Commonwealth and defender of the faith.

At her coronation, Archbishop Fisher placed on the Queen’s wrists two newly-made gold bracelets, presented by a number of the overseas realms and territories as a symbol of the Commonwealth. As he did so, he said these words:

“Receive the Bracelets of sincerity and wisdom, both for tokens of the Lord’s protection embracing you on every side; and also for symbols and pledges of that bond which unites you with your Peoples”.

Today we give thanks for the Lord’s protection that has embraced Her Majesty on every side these many years. We also want to pay tribute to the sincerity, wisdom and devotion which she has consistently manifested throughout her long and glorious reign. They have served greatly to strengthen that bond between the Sovereign and all her peoples.

Since 1952, there have been seven Archbishops of Canterbury and seven Archbishops of York. What Her Majesty has made of that richly diverse and eclectic collection of Primates will no doubt never be revealed. All that I can say, from those of the Archbishops whom I have known, is that each has like me valued the support, interest, faithfulness and prayers of our Supreme Governor more than it is possible to describe. There are very few other people to whom an Archbishop can open his heart, knowing that his confidences will go no further and certain that at the end of the conversation he will go away affirmed and encouraged.

And so let this be a day for thanksgiving and much rejoicing on Her Majesty’s birthday. Long live the Queen!

Housing and Planning Bill

Lord Hope of Craighead Excerpts

Wednesday 13th April 2016 Lords Chamber

[Baroness Gardner of Parkes (Con)]

My Lords, I, too, have served on the Delegated Powers and Regulatory Reform Committee for at least two sessions of three years each. What concerns me is the word “regulations”. Does it mean that this will be another regulation that will come to us in a pre-formed state and we will not have any opportunity to consider its implications? I find it very worrying that we are doing more and more by secondary legislation and less by primary legislation, and I should like the Minister to cover that point in her reply.

[Lord Hope of Craighead (CB)]

My point refers more to what the noble Lord, Lord Beecham, said, although I very much sympathise with what has just been said, because I have been criticising the use of Henry VIII clauses, among other things. I am instinctively resistant to the idea of too many regulations, but there are occasions when a ministerial determination may be more protected if it has parliamentary approval—I am thinking of the risk of judicial review. I do not know enough about the field that we are dealing with to see how real the danger is, but it might be worth the Minister considering whether that element of protection would be of value. There is no doubt that, if it comes in the form of regulation, no judge will question its authority or consider whether it is proportionate or whatever else it is, whereas a determination by a Minister is open to review. It is a point that is worth considering, if the Minister is considering the issue at all, as one of the factors that it would be worth our bringing into play to decide whether it would be right to accept the amendment being proposed.

Strathclyde Review

Lord Hope of Craighead Excerpts

Wednesday 13th January 2016 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, it is a very real pleasure for me to congratulate the noble Lord, Lord Darling, on his fascinating—indeed, outstanding—maiden speech. It is, of course, a much easier task for me than it would be for a shadow Chancellor to try to reply at short notice to one of his speeches from the Front Bench in the other place. At least I have that advantage. I can look back over the noble Lord’s career for over 40 years, ever since he joined the Faculty of Advocates, of which I was already a member, in 1984. For a time he was a member of a remarkable group of members of that body, which included the late John Smith, the noble and learned Lord, Lord Wallace of Tankerness, and the noble Lords, Lord Campbell of Pittenweem and Lord Selkirk of Douglas, who sought to combine practice at the Scottish Bar with politics. He was already a member of Lothian Regional Council, if I recall correctly, when he joined the faculty. Not long after that—I think within three years—he became a Member of the other place for an Edinburgh constituency. That led to a decision, for very good reasons as we now all know, to give up a future career in the law and instead move into politics. It is as a result of that that he comes to this House with a remarkable fund of knowledge and experience. We also owe him an immense debt of gratitude for the work he did as leader of the no campaign in Scotland last year. It was an outstanding service to the country, appreciated very much in this House. It is against that background, too, that we all welcome him to our number. I am sure that we all look forward very much to many contributions from him on that subject and others.

I shall say a few things about the review by the noble Lord, Lord Strathclyde, not in my capacity as Convenor, but in my personal capacity. I begin by drawing attention to points made by the noble Lord, Lord Butler of Brockwell, who unfortunately cannot be here to speak himself, on 17 December last year in reply to the Leader’s Statement on the publication of the review. He pointed out that for many years now there has been dissatisfaction in all parts of the House with the binary choice available to us for either accepting or rejecting statutory instruments. He was speaking, after all, with some knowledge, because he was a member of the commission under the noble Lord, Lord Wakeham, which reported on that issue as long ago as 15 years, and of the Leader’s Group under the noble Lord, Lord Goodlad, which reported a year later. For that reason, he encouraged us to look positively at the proposals as pointing the way forward to resolve a problem that has been with us for far too long. He urged us not to be diverted by the circumstances that gave rise to the review, but rather to concentrate on the way forward. He emphasised, as other Members of the House have today, that the problem is one of long standing that needs to be resolved, and the sooner that happens the better.

Of course, a balance has to be struck. I welcome the careful attention that the noble Lord, Lord Strathclyde, gave to the work of the scrutiny committees—both the Joint Committee and the committee of this House—and that work’s importance. It is vital that it should continue. Of course, for that reason, option 1 is not one that anybody in this House can take seriously at all. To add to the point that others have made, I draw attention to a memorandum that the noble and learned Lord, Lord Walker of Gestingthorpe, sent to the noble Lord’s review, in which he drew attention to some important examples of the use of statutory instruments that now have statutory authority. We have moved far away from the primary purpose of delegated legislation, as set out on page 667 of Erskine May, which is to deal with,

“details of an essentially subsidiary or procedural character”.

The noble and learned Lord gave two examples of that, one from the European Communities Act 1972, where, in Section 2 and Schedule 2, provision is made for remedial legislation to cure incompatibility with convention law; and the other from Section 10 of and Schedule 2 to the Human Rights Act 1998, to deal with incompatibility with convention rights. A mechanism is a statutory instrument. It really would be absurd if this House, in dealing with issues of considerable difficulty and, indeed, possibly constitutional importance, could not comment on and examine them.

I shall say nothing about option 2, except to endorse the point that the noble Lord, Lord Jopling, made, that it really would be a recipe for continued argument. We really do not want that any more.

So we are left with option 3, which certainly has its attractions and which I, for my part, would endorse, but certainly there is more work to be done. I shall mention just one or two points. First, I welcome the point that the noble Lord, Lord Strathclyde, made about the need for clarity over what amounts to a denial of approval. We simply do not want to go through the kind of arguments that we had last term on that point. Although there may be difficulties about a fixed period, it is crucial that we have clarity as to what happens next if the thing goes to the other House. We really need to be sure that something proper will be done, that proper scrutiny will be given and, furthermore, that good reasons are given by the Executive if the decision is to reverse the decision of this House.

I endorse the point that others have made, in particular the noble Baroness, Lady Bowles, about amendment. Amendment has a great value. If you make an amendment it focuses the point of dispute. It requires an answer designed to deal with the particular point raised by the amendment. I hope that that point can be taken very seriously.

Lastly, I go back to the point that the noble Lord, Lord Empey, raised. He drew attention to what would happen if the reform takes the form that option 3 suggests. I think that the noble Lord, Lord Strathclyde, has played down the extent to which use would be made of that option. If given legitimacy, I am sure people would begin to use that route. I am not as pessimistic as the noble Lord, Lord Empey. I do not think that it would be overused, but it would be unwise to assume that it would not be used. I suspect that it would be used quite frequently in circumstances where, in the past, quite rightly, we have shrunk back from something that would, in effect, run the risk of contravening a convention of which we were rather uncertain.

English Votes for English Laws

Lord Hope of Craighead Excerpts

Wednesday 21st October 2015 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I should like to contribute a few words in the gap. One or two others may wish to do so as well, so I shall be as brief as I can. I am sure that the Government are right to address the West Lothian question—or the English democratic deficit, as the noble Lord, Lord Foulkes, called it—but what has puzzled me all along is why they seek to do it in this way and not by primary legislation, or at least under the cover of primary legislation. I should be grateful if the Leader of the House would explain why primary legislation is not being resorted to.

It seems to me that if the Government are to step outside the established procedures for legislation, which have the protection of the principle of the sovereignty of Parliament, they will do so at their peril. There are people outside here—we know who they are—who will seek to undermine, by means of judicial review, legislation that does not have the security of the established procedures. The noble Lord, Lord Kerr, hinted at that point a moment ago.

The problem that I see goes back to a point that the noble Lord, Lord Forsyth, raised about taxation. I do not see how a Government can rely on legislation passed by this new procedure, which is subject to the risk of challenge in the courts, until the procedures have worked their way through the courts. I do not say that anybody who seeks to challenge the legislation is bound to succeed; that is not the point. The point is that so long as there is the risk of challenge, and the delay of waiting for the courts to resolve the issue, the legislation cannot be brought into effect, because of the risk of having to unravel everything if, by some mischance, it is declared to be invalid.

Leaving aside the problems of conventions and so forth, it has always seemed to me that if the Government wish to proceed now, and if they want to take the safest course, they should do so by means of primary legislation. I shall not elaborate on that, but it is an absolutely fundamental point. I should be grateful if the noble Baroness would explain why that route has not been taken, in view of the risks to which the present solution seems to give rise.

Those risks were highlighted by what the noble Lord, Lord Reid, said about the problems of certification. I know from sitting in such cases how difficult it sometimes is to determine whether something is a devolved issue or a reserved issue. These are tricky points of law, and to solve the problem in the way that is being proposed seems to increase the risk of challenge, which is the last thing one would want in the case of legislation that the Government wish to pass to enable them to run the country according to the established procedures.