Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(14 years, 1 month ago)
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Lord Howarth of Newport
Does the noble and learned Lord accept that the determination of the size of a constituency affects not only the right to vote but, subsequently, the nature of the relationship between constituents and their Member of Parliament? In the case of Orkney and Shetland, where there would be only 37,000, and that of the Western Isles, where there are only 22,000, would their local and private rights not be differently treated by a Bill which otherwise created constituencies of 76,000, plus or minus 5 per cent? Would it not mean that the relationship between the Member of Parliament and his or her constituents in these two constituencies was fundamentally different from that of the Member of Parliament to his constituents elsewhere? Does that not therefore indicate that local and private interests are differently treated by the Bill? In that case, have we not passed the low threshold? I remind the House of what the Speaker said in the 1962-63 Session:
“I accept the true position to be this, that if it be possible for the view to be taken that this Bill is a Hybrid Bill it ought to go to the examiners. There must not be a doubt about it”.—[Official Report, Commons, 10/12/62; col. 45.]
Have we not cleared the low threshold?
Lord Lloyd of Berwick
I have already dealt with the threshold point. I accept and have always accepted that the threshold is low, but in this instance I suggest respectfully to the House that the threshold has not been crossed. As to the rest of the noble and learned Lord’s argument, it seems to go much further than the simple point that I am trying to make, which has to do with the meaning of “private interest” in the relevant Standing Orders. On that, I find myself in complete agreement with the views expressed by the Clerk of Public and Private Bills. I expected to be asked whether I had read the opinion of the leading counsel, who appears to have expressed a different view. I have no doubt that if I had read that opinion I would be better informed than I am, but I am not altogether sure that I would necessarily be any wiser. Certainly, doing the best that I can, it seems that the Bill is not hybrid.
Baroness Scotland of Asthal
My Lords, noble Lords will also know what happened to that Bill. There is still time for discussion: we will be discussing the new Bill now. I say very clearly that this is not merely a political instrument being used for pernicious purposes, which is what has been suggested and what has made me feel very disappointed in noble Lords opposite.
Lord Howarth of Newport
My Lords, does my noble and learned friend agree that the Bill comes to us not only fresh but substantially unexamined in the other place? Very important elements—Clauses 3 to 6 and Clause 11—were entirely unexamined in Committee and on Report. Is it not incumbent on this House to make absolutely certain that we follow the correct procedure to ensure that this extremely important constitutional legislation is examined in the appropriate manner?
Intelligence and Security Services: Treatment of Detainees
Lord Howarth of Newport Excerpts(14 years, 5 months ago)
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Lord Strathclyde
My Lords, I thank the noble and learned Lord for what he has said. He says it from a most authoritative position, with all his experience in reviewing terrorism legislation in the past. I am insufficiently well versed in these matters to know whether or not the Law Commission presents an exact precedent but, if the noble and learned Lord says that it does, I am happy to accept it. I also agree with him—this is important for those who might make comparisons with the Saville inquiry—that the scope of this inquiry is very different from that laid out by Saville. As we said at the time, we do not wish to see any more open-ended inquiries of that style. Again, I agree with the noble and learned Lord: there is no reason why it should not be able to complete within the next 12 months.
Lord Strathclyde
Again, my Lords, it is encouraging to receive the noble and learned Lord’s welcome and support for the principles that underlie the Statement. It is important, when we are dealing with these matters of national security, that there is as wide an agreement across the parties as possible. The noble and learned Lord’s experience in this matter will give a lot of encouragement to others who are involved.
His first question was whether the inquiry will look at the reasons behind Guantanamo. I expect that it will be up to the inquiry to take a view about how important that is, and I cannot answer for the inquiry. I do not suppose that the topic will be excluded, but if it is, I shall write to the noble and learned Lord.
Secondly, on the timing of the inquiry, we would like it to start as soon as possible but it cannot begin until most of the legal proceedings have been dealt with, hence the reason for coming forward with mediation. It depends on the satisfactory resolution of the other legal proceedings. I also agree with what the noble and learned Lord said: the longer it is delayed, the more difficult it is to have this inquiry, so it is in everyone’s interest to reach the start date as soon as possible.
As for the noble and learned Lord’s third question, about the future and intercept evidence, I have my noble friend Lady Neville-Jones, our Security Minister, next to me here. The whole issue of intercept evidence still has to be resolved.
Lord Strathclyde
My Lords, the noble Lord is experienced and knows full well about the bravery and work of our security services. As far as extraordinary rendition is concerned, there is no barrier whatever to the inquiry looking into such issues and the matter of Diego Garcia if that should be pertinent to it.
Lord Strathclyde
The Green Paper is a Green Paper. It will be published next year. Because of that, we have not yet decided what will go into it.
Lord Howarth of Newport
My Lords, I was a member of the parliamentary Intelligence and Security Committee for four years. My whole disposition is to believe in the good principles and integrity of the agencies, and in their competence as they go about their crucial work which, as the Statement reminded us, often comes at a high price to them and their families. Is it not the case that because of the real danger of terrorist assaults on our people and of weapons of mass destruction getting into the hands of terrorists or irrational regimes, we live in a permanent state of emergency, and that the secret state is no less powerful now than it was in the Cold War? Will the Government ask the panel of inquiry, if it should find that there have been failures of standards, to propose reforms to the apparatus of deception and secrecy—necessary deception and secrecy—so as to make sure, as far as possible, that there would not in the future be covering up of embarrassments; concealment of crimes; circumvention of parliamentary oversight; and, at worst, manipulation of Ministers and disabling of the proper processes of policy-making?
Everybody must surely welcome without reservation the appointment of Sir Malcolm Rifkind to chair the ISC. Will the Government consider further empowering the ISC so that it can have access to persons and papers as it requires, without having to seek special permission from Ministers, case by case; and supplying it with a stronger secretariat to enable it to use those powers, so that if the parliamentary committee has the political will, it will be better able to do the job of exercising oversight and ensuring accountability to Parliament?
Lord Strathclyde
My Lords, it is because all those who have spoken today and the Government care so much about the integrity and reputation of the security services that we have made this Statement. It is not just about their reputation in the United Kingdom. What is so important is the international reputation of the security services. That is why we need to find out the truth of the allegations. When the inquiry comes to its conclusions, we will be able to see what action, if any, needs to be taken. None of us is in favour of anything being covered up, whether the defence is in the public interest or not. We wait for the inquiry to reach its conclusions.
As for the ISC, I am glad of the noble Lord’s welcome for the chairman, Sir Malcolm Rifkind. I think we all agree that he will do an extremely good and useful job. On the ISC generally, the Government are committed to maximising the role of the oversight mechanism, which is why the Prime Minister has appointed a strong and experienced chairman who has committed to serving for the full parliamentary term and to undertaking a serious work programme, including public hearings. What “maximising the role of existing oversight mechanisms” means at this stage is something that will be reviewed in due course.
Energy: Renewables
Lord Howarth of Newport Excerpts(14 years, 5 months ago)
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Lord Marland
I thank my noble coalition colleague for that question. For some people who may not have the noble Lord’s knowledge, anaerobic digestion needs to be encouraged. It is a recycling of waste—sewerage, animal waste and food waste—that creates biogas. It is a very important development. My honourable friend in the other place, Mr Greg Barker, has organised a stakeholder event in the Recess to discuss the development of this kind of renewable energy.
Lord Marland
I am very grateful to the noble Baroness for her question. She is quite right; the planning process is fundamental to renewable energies and we have to put great emphasis on it, and I am afraid that we have to accelerate it because it had become stuck in a mire. I am not sure that the IPC is the right method for doing that. We shall put energy into reforming that area. I am grateful to the climate change committee for recommending it.
Lord Howarth of Newport
My Lords, in seeking to pursue their laudable aim of increasing the proportion of energy consumption supplied by renewables, how will the Government ensure that the landscape of this country is not disfigured by a rash of ill-planned wind turbines?
House of Lords Reform
Lord Howarth of Newport Excerpts(14 years, 6 months ago)
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Lord Howarth of Newport
My Lords, an elected second Chamber is the wrong answer to the wrong question. Even those who accept the Prime Minister’s melodramatic characterisation of our politics as broken cannot claim that dissatisfaction with the House of Lords so much as registers among the public’s concerns—notwithstanding the grubby efforts of the Mail on Sunday and the Sunday Times. Public dissatisfaction with our political culture arises mainly, I believe, from two other sources.
First, people think that power is excessively centralised in London. Too few decisions are taken locally. Too much political power resides in Downing Street. Associated with that is a widely held view that the House of Commons is excessively dominated by the Executive. There is good will towards the coalition, a hope that it may portend a fresh politics, but that sentiment has not dissipated the folklore that Members of Parliament are too biddable by their leaders and Whips and, as exposed by the expenses crisis, venal. Unfair though this is, the House of Commons has a lot more to do to vindicate itself to the people. We are entitled to retort to the eager proponents of Lords reform in the other place, “Physicians, heal thyselves”.
We can applaud the new localism professed by the coalition, but if and only if it means a revitalisation of democratic local government and not a marginalisation of it. Reform of the House of Commons and renewal of local government are the right priorities for constitutional reform. Reform of the House of Lords will, at best, do nothing to mitigate public disaffection from politics and, if it is to mean a second elected Chamber—costly, docile, weak and otiose—it will actually make it worse.
The second principal source of malaise is the malfunctioning of the media. Our politics suffers profoundly from the relentless cynicism, triviality and sloppiness of so much political journalism. There is no solution to this at the disposal of constitutional reformers. The best we can hope for is that we might, over time, have better educated citizens who will insist on better political journalism.
Why would people want to create an elected second Chamber? For some MPs, it is good enough that it looks progressive and deflects public indignation from the House of Commons. For Mr Cameron, embarking on it at this stage is a price worth paying to have Mr Clegg on board. For some Ministers, it will be attractive no longer to suffer the inconvenience of a second Chamber that does revise their legislation and from time to time blows the whistle on seriously misguided policy. Rather than those independent Cross-Benchers and former senior parliamentarians, how much easier to have a second Chamber of elected placemen, placed by patronage on the party list under PR, people more like Prufrock,
“an attendant Lord, one that will do
To swell a progress ...
an easy tool,
Deferential, glad to be of use,
Politic, cautious and meticulous;
Full of high sentence, but a bit obtuse;
At times, indeed, almost ridiculous”.
If those explanations are too harsh or fanciful, it is difficult not to take the view that, in the present circumstances of our country and the world, for senior members of the Government to be channelling their energies into abolition of the House of Lords is displacement activity, a frivolity. In the scale of things, reform of the House of Lords is neither here nor there; that, I am quite sure, is the view of the public. People will stop worrying about political institutions if they become confident that the politicians they have elected are making wise judgments about the big issues, tackling them with determination, courage and effectiveness and offering inspiring political leadership; that is the proper path to democratic renewal.
None of this is to say that reforms of the House of Lords are not still needed, following the major reforms since 1999: the removal of most of the hereditary Peers and the establishment of a Supreme Court, separate from this House. We are proud of this institution, but we are not complacent.
My own agenda is fourfold, aligned with that set out in the latest Bill and the Motion tabled by the noble Lord, Lord Steel of Aikwood. We need to open the way to abolition of the hereditary principle for membership of the legislature. We need to place the Appointments Commission on a statutory basis and task it to improve further the representativeness—representativeness of civil society—of your Lordships’ House, a House which is already more diverse in terms of experience, gender, ethnicity and disability than the House of Commons. We need to disqualify from membership Peers guilty of serious criminal offences. And we should introduce a term for membership. I would go further than the noble Lord, Lord Steel, in not only making provision for retirement, but abolishing the right to sit in the legislature for life.
The reforms proposed by the noble Lord, Lord Steel, and backed by so many of us on both sides of the House, are reforms that the previous Government would not countenance and nor would the noble Lord, Lord Strathclyde. He showed no sign today of becoming any more pragmatic in office than he was in Opposition. If he would only abandon his dogmatic attachment to an elected second Chamber, he could carry the House in support of a substantial set of reforms.
What most noble Lords seek is not abolition of the House of Lords, as advocated by the Leader of the House of Lords, but reform to consolidate and enhance the existing capacity of this House to do the job that the public want it to continue to do: to scrutinise legislation thoroughly and rigorously and offer amendments; to debate the issues before the country with expertise and relative impartiality; to advise; sometimes to propose restraint to overweening central government and a House of Commons that finds it hard to shake free of party conformism; to prompt second thoughts and a pause to get things right. This is the contribution that we make as a House of Parliament. The problem is not a lack of democracy at Westminster. So long as this is an unelected House, we will not defy or block the democratic House of Commons. Would it not be sensible to settle for this kind of complementarity?
What motivates so many of us, who value this House, to oppose its replacement by an elected Chamber is not self-interest but a deeply held belief that such a change would be damaging to Parliament and the quality of government. As I have said again and again, the onus should be on those who propose an elected House to explain how it would improve the performance of Parliament. None of them has yet been able to do so.
G8 and G20 Summits
Lord Howarth of Newport Excerpts(14 years, 6 months ago)
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Lord Strathclyde
My noble friend is right to draw attention to development aid, a matter which very much dominated the discussions of the G8. That delivered for the first time a comprehensive accountability report which assessed transparently the G8 progress against its development-related commitments. In the communiqué the G8 leaders reaffirmed their commitments on overseas development aid, on aid effectiveness and on HIV/AIDS. Furthermore, however cynical one is—and I am not suggesting for a moment that my noble friend is cynical when it comes to these matters—about a very serious attempt to give a new priority to these initiatives, the House will recognise that there was an agreement in the Muskoka initiative which means that funding for maternal, newborn and child health will be the new priority.
On the question of climate change, I can understand why my noble friend should feel aggrieved that this could be debated and discussed with one group but less successfully with another. However, there are those at the G20 who felt that it was not appropriate for it to be discussed at that level and that it should remain with the G8. However, there is the climate change conference in Cancun later this year. An enormous amount of work is taking place between now and then to give effect to a global agreement.
Lord Howarth of Newport
My Lords, on global imbalances, the Statement referred only to the modest, although welcome, adjustment that the Chinese authorities have allowed to the exchange rate of the renminbi, but surely the Government do not think that that will be enough to solve adequately the problem that is being generated by the continuing propensity of certain major economies, notably China and Germany, to invest and export very powerfully, and the propensity of other major economies, notably that of the United States of America and our own, to borrow and consume excessively. Is it not inevitable that if we continue with these imbalances, the trade surpluses of the exporting countries will be recycled to create excessive liquidity in the economies of countries such as our own that tend to consume too much, leading to another manic and unsustainable boom followed by a miserable bust? What were the Prime Minister’s suggestions at the G20 for averting this outcome, and what response did he receive?
Lord Strathclyde
I could not possibly comment on the noble Lord’s direct question at the end, but the whole issue of global imbalances concentrated the minds of the G8, and indeed of the G20. The new flexibility in the Chinese arrangements is an important step in the right direction. It is the kind of flexibility that we have been looking for for some time, it will make an appreciable difference—so we all hope—and it is recognition by the Chinese authorities of China’s importance to the world economy as a trading nation and as an increasingly important currency. The noble Lord might say that this is a very small step, but it is at least a small step in the right direction.
UK: International Competitiveness
Lord Howarth of Newport Excerpts(14 years, 6 months ago)
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Baroness Wilcox
The Office for Budgetary Responsibility was established to form independent judgments on the overall shape of government finances, not to provide policy advice on different taxes. Beyond a technocratic assessment of the methodology and central assumptions of measures, including tax, the OBR has no remit on tax policy.
Lord Howarth of Newport
Will the noble Baroness explain to the House how reducing capital allowances, imposing a levy on the banks, increasing VAT and shrinking domestic economic demand at a time when demand in some of our most important export areas—notably the eurozone—is contracting, will assist the international competitiveness of UK firms?
Baroness Wilcox
I am afraid that noble Lords have heard this answer before and will hear it again. We are where we are. Given the fiscal plans that this Government inherited, I am afraid that we would put the recovery at risk if we did it any other way. Threatening higher tax and interest rates would affect not just the Government but families and businesses. The noble Lord could have answered that question himself a few months ago.
House of Lords: Post-legislative Scrutiny
Lord Howarth of Newport Excerpts(14 years, 6 months ago)
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Lord Strathclyde
My Lords, that is the nub of a decision that was taken in March 2008 by the Leader of the House of Commons, committing the then Government to enable post-legislative scrutiny for all Acts of Parliament passed during and after the calendar year of 2005. Since then, six or seven of these memoranda have been published, although many are left in the pipeline. We wait to see what attitude the Select Committees in another place or, indeed, in your Lordships’ House will take to these memoranda.
Lord Howarth of Newport
My Lords, is it not particularly important that there should be post-legislative scrutiny in Parliament following this Session, for which the Government have promised—or threatened—a prodigious quantity of legislation, most of which, in the nature of the situation, will be pretty hastily cooked up in Whitehall and which Parliament will have only cursory opportunity to examine properly because of the scale of demands?
Lord Strathclyde
That is really rich coming from the noble Lord, Lord Howarth. He supported a Government who, over the past 13 years, gave rise to an outpouring of legislation quite unlike anything that we have ever seen in our history. Constitutional changes were dreamt up on the back of an envelope and introduced to Parliament with minimal thought and discussion and with no pre-announcement.
Local Government Bill [HL]
Lord Howarth of Newport Excerpts(14 years, 6 months ago)
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Lord Howarth of Newport
My Lords, I declare an interest as a resident of Norwich. I want to put it to the House that there is a strong prima facie case that the Local Government Bill is hybrid, and that it should therefore be referred to the Examiners to determine whether that is so. As soon as they saw it, a number of experienced colleagues said surely this Bill is hybrid.
The noble Lord the Leader of the House just told us the definition of hybrid Bills in the Companion, but perhaps it would help the House if I quoted the words again. The definition states that they are,
“public bills which are considered to affect specific private or local interests, in a manner different from the private or local interests of other persons or bodies of the same class, thus attracting the provisions of the Standing Orders applicable to private business”.
In the next paragraph, the Companion goes on to say:
“It is open to any member who considers that a public bill may be hybrid … to move that the bill be referred to the Examiners. Such a motion is usually moved immediately before second reading”.
These semi-mythological creatures, the Examiners, are the Clerks of Private Bills in both Houses.
I recognise that hybridity is not for amateurs. These are deep waters and a prudent politician does not even get into his bathing trunks, let alone plunge in. But I fear that, unlike my right honourable friend the former Prime Minister, prudence has never sufficiently been my watchword.
I regret that I was unable to give the House more notice of this Motion. The difficulty has been that the Government have advanced this Bill with extraordinary speed. We saw the Bill only on the eve of the long bank holiday weekend. That was followed by a day when the House was not sitting, so I was not able to consult the Clerk of Public and Private Bills until the following day, last Wednesday. I then had to discuss with Norwich and Exeter City Councils whether they wished to seek the advice of parliamentary agents and counsel. The lawyers then worked at top speed, with e-mails flying around all over the weekend and late at night. Counsel's formal opinion and a letter of advice from parliamentary agents were delivered yesterday, and in the light of them I tabled the Motion on the Order Paper for today. We could not have got to this point more quickly, and I have had no desire to wrong-foot the House.
In any case, while the concept of hybridity may be obscure and elusive, the issue before us now is simple. Do we consider that there are sufficient reasonable arguments that the Bill is hybrid to warrant referring it to the Examiners?
Plainly, the Government have sought to draft this Bill so that it is not hybrid. However, they are navigating tricky waters, and the House ought to satisfy itself on this point, since there are major implications for how we proceed depending on it. If the Bill were judged by the Examiners to be hybrid, after Second Reading, as I understand it, the Bill would go to a Select Committee which would receive and examine petitions and question witnesses and then report to the House before following the usual course of a Public Bill.
It seems clear to me that the Bill is hybrid on this ground most obviously, although there are others. Norwich and Exeter are treated differently from other local authorities under this legislation for the following reason. Since the Bill, significantly, does not repeal Section 1 of the Local Government and Public Involvement in Health Act 2007—the Act that permits the Secretary of State to invite a local authority to make a proposal for reorganisation into single-tier government—the Bill contemplates that authorities will in the future, after the Bill has become law, have the opportunity to make such proposals. However, the Bill specifies that Norwich and Exeter—just those two named authorities—are not to become unitary authorities. It seems plain as a pikestaff that the local interests of Norwich and Exeter are especially prejudiced for the future. In the language of the Companion, Norwich and Exeter are affected,
“in a manner different from the … local interests of other … bodies of the same class”—
other councils that may wish to propose unitary reorganisations.
However, I speak merely as a politician and not as a lawyer. Far more significant are the views of learned counsel. I will not attempt to paraphrase either the lengthy opinion of Mr Peter Oldham QC or the shorter but densely argued advice of Mr Alastair Lewis of Sharpe Pritchard, parliamentary agents. Both those documents came in after the Clerk of Public and Private Bills had given his opinion that this particular Bill was not hybrid. I will just say that Mr Oldham concludes his opinion with the words:
“In my view, there are proper and reasonable arguments that this Bill is hybrid”.
Mr Lewis says he believes that a further line of argument that he has put forward,
“represents a strong argument in favour of saying that the Bill is hybrid”.
What I am not proposing to the House in this Motion is that the House should decide here and now that the Bill is hybrid. Nor is this a debate about the rights and wrongs of the Government's policy on Norwich and Exeter—that is for Second Reading. What I am proposing is that the House should recognise that there are various views about whether this Bill is hybrid, all put forward in good faith by serious people—professionals who are competent to make such a case—and agree that all these arguments should be considered carefully and expertly by the Examiners so that they can determine whether the Bill is hybrid in accordance with the procedure that Parliament has provided.
Lord Richard
My Lords, perhaps I may make two or three points. First, this Motion is certainly not about the merits of the Bill. As far as the Bill is concerned, I was not in favour—and I am still not in favour—of Exeter becoming a unitary authority. On the contrary, as someone who spends a large part of his time down in Devon, it is important that Exeter should remain with the rest of Devon. However, that is not the issue. I totally agree with my noble friend Lord Elystan-Morgan when he said that it is a simple point—it is. Where are we? What is the dilemma facing the House? It is simply this: on the one hand, we have the Clerks. They have given their respected, respectful and highly considered opinion which states that the Bill is not hybrid. On the other hand, we are now in a position whereby an eminent Queen’s Counsel, who is experienced in this branch of the law, has also given a firm and unequivocal opinion that the Bill is, or could well be, hybrid. How can we resolve that? We cannot.
I am not in a position this afternoon to argue whether or not the Bill is hybrid, but I am in a position—and I hope that the rest of the House will follow me in this—to say that there is a clear argument as to whether the Bill is or is not hybrid. That being so, the procedures on how to resolve that are perfectly clear: the Bill has to go to the Examiners. The Examiners are there to assist the House in coming to a conclusion. It seems to me that we cannot come to a conclusion today, except by ignoring one or other reputable opinion by reputable people. I am not prepared to ignore one set of views in favour of another; I am not in a position to make up my mind. There is a clear issue here and, that being the case, the Bill should go to the Examiners and I shall support the Motion.
Lord Howarth of Newport
My Lords, it is appropriate that this has been a short debate. The noble Baroness, Lady Hanham, trailed her Second Reading speech but this is not a debate about the merits of the Bill. She told us that the Government strongly believe that the Bill is not hybrid. We know that they strongly believe that but others, equally strongly, take the contrary view. I perfectly respect the views of the Clerk of Public and Private Bills and I respect his role. I make no criticism whatever of the advice that he has given, which I think has been entirely proper. However, I think that it is wrong of the noble Baroness to invite the House to agree with her that the Bill is not hybrid, because that is not the issue or the role of this House.
The question is whether there are reasonable arguments for saying that the Bill is hybrid. The crucial point, made very well by the noble and learned Lord, Lord Lloyd of Berwick, was that opinion that this House should not ignore was provided to us after the Clerk had given his view. Therefore, we cannot question that there is doubt about the status of the Bill. The Speaker’s rulings have made it absolutely clear that, where there is such doubt, the Bill should be referred to the Examiners so that they can determine the matter. The noble Lord, Lord Elystan-Morgan, explained the nature of the doubt. My noble friend Lord Richard, a former Leader of the House and a QC—incidentally, not a supporter of unitary status for Exeter and Norwich—advised the House that it would be appropriate to refer the Bill. I do not think that this House can ignore the advice received from QCs or eminent parliamentary agents, and I very much hope that we will therefore refer the Bill to the Examiners.