(12 years, 6 months ago)
Lords ChamberMy Lords, I am informed that, in practice, almost all electoral registration officers are already checking 100% of postal votes, although they are currently required by law to check only 20%.
My Lords, coming back to the point raised by my noble friend and the issue of potential impersonation at polling stations, does the Minister recognise that in some places, particularly Birmingham, there are instances in which large crowds of men gather outside schools and intimidate some voters to prevent their going into vote? Does the noble Lord agree that that is what attention should be focused on and that the police need to be advised that they should take action when it occurs?
My Lords, I do a lot of my politics in Bradford, as the noble Lord knows, and I am well aware of the differences between the local problems we have with the voting system. One of the reasons that the new regulations allow for police community support officers to be present in polling stations is precisely to deal with that sort of occasional outbreak of intimidation. There is, as we all know, a problem of registration fraud—ghost voters being put on the register—but, again, it is localised. As I am sure all noble Lords know, this is much more of a problem for local elections than for parliamentary elections.
(12 years, 9 months ago)
Lords ChamberMy Lords, I am delighted again to applaud my noble friend for raising this matter and I hope that we can look forward to a positive response from the Minister. My noble friend Lord Turnberg explained the science and it is clear that there is very credible support for my noble friend’s position. The Scientific Advisory Committee on Nutrition’s 2006 report recommended mandatory fortification of flour to the Government. That was endorsed in 2007 by the Food Standards Agency board. More recently we have all, I think, had a briefing from the British Medical Association which also supports folic acid fortification of flour. I thought that the BMA was very much to the point when it argued that the current guidance to women to take folic acid supplements has a number of limitations. As the noble Countess, Lady Mar, said it does not take account of unplanned pregnancies and, given that almost half of all pregnancies in the UK are unplanned, it is clearly an inadequate response. It is also a fact that poor compliance with the advice to take supplements means that women planning a pregnancy only marginally increase their compliance with folic acid supplement use. The noble Baroness, Lady Grey-Thompson, made some very powerful points about this and about the very hard decisions parents subsequently have to make.
Noble Lords have already dealt very effectively with the concerns that have been raised about the links between folic acid and cancer. The Scientific Advisory Committee on Nutrition, which advises the Food Standards Agency, said that the evidence in relation to bowel cancer was insubstantial and that any increase in cases could be down to improved screening. It recommended that those deemed to be at greater risk of colon cancer should receive precautionary advice on taking extra supplements containing folic acid and that the situation should be monitored. The Chief Medical Officer then requested further investigation by the Scientific Advisory Committee on Nutrition into the potential link between folic acid and colorectal cancer. The committee upheld its previous recommendation, with an amended recommendation to clarify the advice on supplement use for particular population groups.
We roll forward to January 2013, when the noble Earl, Lord Howe, told the House:
“Additional advice on folic acid and cancer risk was requested by the then Chief Medical Officer and provided by SACN in 2009. The papers underpinning the advice from SACN have not yet all been peer-reviewed and published in a scientific journal. Ministers need to very carefully consider this complicated issue and would like to see all information in the public domain before making any decision”.—[Official Report, 8/1/13; col. WA 44.]
I am a great admirer of the Department of Health, having enjoyed many happy years there, but I recognise long-grass briefing when I see it and that is the kiss of death. I hope that the Minister, if she cannot say that the Government are going to go down this route, will at least give a timetable for when the Government will make a definitive decision, or must we wait, month after month, for every single paper to be peer-reviewed? I think that that would be a great pity.
In conclusion, I shall ask the Minister a rather more general question coming back to the issue of advice given by health visitors and midwives in relation to vitamins and minerals generally. The reason I do so is that in September 2012 in another place my honourable friend Kate Green secured a Westminster Hall debate about the rise in the incidence of rickets. She talked about vitamin D deficiency across large sections of the population and quoted a study by the Clinical Effectiveness Unit at Stockport which found a surprising lack of awareness among health professionals about vitamin D across eight acute and six primary care trusts in the north-west. Only 24% of health visitors and just 11% of midwives reported having had training in vitamin D supplementation. I realise that this is a little distant from folic acid, but since the Government now put such reliance on advice given to women, does the Minister think that, as part of a wider response to the issues raised by my noble friend tonight, more needs to be done to ensure that midwives and health visitors are adequately trained in providing advice in relation to vitamins and minerals in pregnancy and before?
That is not a substitute for the action that my noble friend wants, and I very much hope that the Government will recognise that this would be the right thing to do. I hope that the Minister will be able to make a happy announcement.
My Lords, I am telling noble Lords what I have been briefed. I am more than happy to write to noble Lords and, if they are happy for me to do so, leave the letter in the Library for everyone to check. I will also need to respond to the noble Lord, Lord Rooker, on his question regarding terminations.
The noble Countess, Lady Mar, asked about the risks and benefits, and assessing impacts, of fortification, giving due consideration to the implications of additional recommendations by SACN. We will take into account the views of the Chief Medical Officer, who raised the issue in her annual report, and of the devolved Administrations. The other point raised by the noble Countess was on ensuring that NTDs are avoided in pregnancy and on preventing vitamin B12 masking. We need to get this right. SACN considered the amount of folic acid to recommend and also recommended developing guidance on supplement use for particular population groups, along with implementing measures to monitor evidence of long-term exposure to intakes of folic acid. We are carefully weighing the benefits and risks of SACN’s recommendations and will take account of all views.
The noble Baroness, Lady Grey-Thompson, asked what foods would be considered for fortification. Currently, breakfast cereals are voluntarily fortified with folic acid in the UK. The FSA considered other foods, including soft drinks, fruit juice, milk and chewing gum, when it made that recommendation, but the consumption rate of these products is not considered to be universal across women of child-bearing age and would therefore not be suitable for fortification. Other foods were also considered. Bread was finally decided upon as the universal food as—to answer a point raised by both noble Baronesses—it is universally consumed across the population and all socioeconomic groups: more than 90% of households eat bread. Fortification of wheat flour would also include other wheat-based products such as pizzas, pastries and biscuits.
I think I have replied to several points that were raised.
My Lords, will the Minister write to noble Lords—clearly the Government will have to consider this—and set out a timetable on when they will come back to Parliament with an answer?
That sounds eminently sensible. I am happy to write to noble Lords to give them that information. I hope that I have provided reassurance—I am not convinced that I have—that the Government are committed to reaching the right decision on the fortification of flour with folic acid, doing proper justice to the work of SACN and others and ensuring that, while seeking to deliver the benefits, we minimise the potential risks. In the mean time the Government will continue to raise awareness of the need to take folic acid supplements and are supportive of all those who are raising awareness of this issue. I thank the noble Lord for securing the debate.
(12 years, 9 months ago)
Grand CommitteeI, too, thank the noble Lord, Lord Higgins. It has been an excellent debate. I have to say to my noble friend Lord Lea that I plead guilty as charged, although I hope that the Minister will also plead guilty. I notice that he left the Conservative Party office charge sheet, which rather disappointed me, but perhaps he just felt short of a bit of time.
I thought that the Clerk of the Parliament’s report was excellent, particularly paragraphs 36 and 37 in relation to a strengthened leave of absence scheme, including minimum levels of attendance and enforced leave of absence. Will the Minister state clearly what the Government actually intend to do to progress this? As noble Lords have said, the Leader of the House has already indicated that he is not in favour of it, but I think the House and the Committee are entitled to a proper explanation of why this should not be taken forward.
I also ask the Minister about the statement made by the noble Baroness, Lady Northover, at Question Time this morning. She made what seemed to me to be a new statement of government policy in relation to the balance between the parties. I would be grateful if he would expand on what the Minister said in the Chamber.
Thirdly, I come to the point raised by my noble friend Lady Hayman. We have what I think is a ludicrous coalition agreement policy of saying that in one Parliament the membership of the House should reflect the votes cast at the last election; clearly, we have seen lists of new Peers being announced in order to make progress towards that. Our estimate is that the Government will shortly have a political majority in the Chamber of more than 100. What is the point of it? We are a revising Chamber; if the Government cannot be defeated, revisions cannot take place. In my own experience as a Minister, as my noble friend Lady Hayman will know—
The noble Lord is definitely my friend, but in procedural terms in this House he is not my noble friend.
My Lords, I am duly dealt with on that. The noble Baroness was also a health Minister. I would have expected to lose five or six votes on any health Bill that I took through, and I took through rather a lot. This does not happen any more, and I want to ask the Government whether they expect to win every vote. Is this the intention? If it is the intention, frankly, I do not see the point of your Lordships’ House. If the Government are not defeated on a fairly regular basis, we cannot send matters back to the House of Commons and there is no point to us. I am increasingly of the view that in that scenario the only way out is to get rid of the House. I do not think that the Government realise the significance of this. We cannot revise unless the Government are defeated a healthy number of times.
We should look at other reports, as well as the Clerk’s. My noble friend Lord Foulkes has given the game away, in the sense that there is a Labour group looking at some of these issues. The House of Commons Political and Constitutional Reform Committee has produced a very interesting report, with a number of suggestions as to how we might deal with these issues. We may not agree with all of them, but I particularly draw your Lordships’ attention to recommendation 10, on determining the relative numerical strengths of party groups in the House of Lords. In the end, surely we need to have sensible discussions and reach an agreement which will enable us to get a proper balance, allow the House to do its proper job in revising, and keep the numbers at a reasonable level.
My Lords, this is for the first time a coalition Government and part of the issue is whether you count the entire coalition of both parties as one or as two. The Government do not have an overall majority in this House because we have a large number of Cross-Benchers. If I may say so, one of the first things I learnt when I entered this House was that if you want to defeat the Government, what you need is a speaker from each of the four main groups, because at that point the Government will recognise that they are about to lose. The noble Lord, Lord Cormack, is occasionally very good at being part of those groups which challenge his own Government. That is the way the House of Lords behaves.
With respect, my Lords, there is one Government and the numbers are clearly added together in your Lordships’ House. I should like to put a question to the Minister. What would happen in 2015 if the Labour Party were to win the general election with a majority? It would be faced with a majority of 100 Conservative and Lib Dem Peers over the Labour group in your Lordships’ House. There would then be a dissolution list, to which I assume both Mr Cameron and Mr Clegg would contribute. What advice would the noble Lord give to a Labour Government about the number of Peers they should appoint?
My Lords, we are getting into very difficult constitutional questions here. Again, I have heard discussions about this among some of my noble friends. A Labour Party that wins a majority of seats in the House of Commons on perhaps 35% of the vote and a 60% turnout raises the question of whether that is really a majority or not.
We need some quiet discussions among the parties and I am glad to hear people suggesting that what we need is another committee. I am sure that the noble Lord, Lord Hunt, would love to serve on another committee looking at some aspects of Lords reform; he has a great appetite for it.
(13 years ago)
Lords ChamberMy Lords, I speak as an occasional supporter of Forfar Athletic and as a season ticket holder of Birmingham City. The noble Lord, Lord Birt, talked about the joys. Supporting Birmingham City mainly teaches you to come to terms with the disappointments of life—except for one game against the Arsenal.
It is a great pleasure to take part in this debate. I have no doubt that the noble Lord, Lord Bates, is right that we should celebrate the magnificence of the Premier League. The excitement is clearly palpable; the statistics quoted by the noble Lord are indeed impressive. I have no doubt that he is right about the contribution that it makes to the image of our country and to its coffers. He is right, too, to celebrate some of the successes. However, there are also some downsides and I thought that some of the points put to the House by my noble friend Lord Lipsey were very pertinent.
I share with a number of other noble Lords real concerns about issues to do with governance in football that go beyond the Premier League to other league clubs as well. I commend the fantastic work in this area of Supporters Direct. Its concern is that so many sports clubs are being put in jeopardy because of vested interests, poor financial management and inadequate standards of governance. This has been backed up by the CMS Select Committee, which has done some magnificent work in this area. It has real concerns about the ownership of clubs and about the fact that the ability of league authorities to investigate ownership issues seems to be very limited and at risk.
The Select Committee found, for instance, that while the Premier League was able to invest more in procedures and specialist assistance to find out the identity of the ultimate owners of some of the clubs, the Football League was not in such a good position, relying only on information provided by the clubs themselves which is then checked against records in the public domain. Remarkably, neither league is prepared to provide to fans the information that it holds and put it in the public domain.
I mention this because it is extremely relevant to the plight of two clubs in the West Midlands. They are not in the Premier League at the moment—so I hope that the noble Lord will forgive me—but they have been and aspire to be again, although when is a matter of some conjecture. I refer noble Lords to Coventry City, who won the FA Cup, remarkably, some years ago. On Saturday, thousands of supporters marched through the city centre protesting at plans for the club to play its home games at Northampton Town, 30 miles away. No wonder the fans are angry at the contemptible way in which they have been treated by the club owners. I refer noble Lords to a debate in the other place on 12 March in which Mr Bob Ainsworth raised this issue and talked about the financial difficulties of Coventry City. He said:
“Five years ago, when it had lost its ground … and most of its assets, the club was sold to the hedge fund Sisu … Sisu specialises in acquiring distressed assets, and under Sisu the club’s ownership is multilayered, opaque and partly offshore in the Cayman Islands”.—[Official Report, Commons, 12/3/13; col. 63WH.]
It is clear that the interest of supporters is right to the last as a priority.
My own club, Birmingham City, is owned by a holding company based in Hong Kong and registered in the Cayman Islands. We have a major shareholder, Carson Yeung, who is at the moment on trial in Hong Kong on charges of £60 million of money laundering. The holding company, Birmingham International Holdings, was censured by the Hong Kong stock exchange for breaching rules in September 2012. There have been major delays in presenting the audited accounts of the club. Very recently, the Birmingham Mail reported that the parent group of Birmingham City has been told to demonstrate its plans to sell the club or it will not be allowed to trade on the Hong Kong stock exchange again. Stock market chiefs demanded to know what plans Birmingham International Holdings Ltd had for the club and how it was going to deal with “management integrity concerns” regarding Mr Yeung, who, as I have said, is now standing trial for money laundering.
While this dreadful ownership problem has been going on, the club has been relegated, the players have been sold and there is real concern about the future. The supporters, who turn up through thick and thin—or thin and thin, as it sometimes is—seem to be considered least. They are the heart of the club yet they are treated with absolute contempt by just about everyone concerned. What are the football authorities doing about this? Can one turn to the authorities to intervene? The answer is no. They do not intervene and they do not disclose information about ownership. They do not seem to respond to the needs of the supporters at all.
What is the Minister going to do about Birmingham City? More generally, the Select Committee recommendations are right in relation to ownership and the involvement of supporters on the boards of clubs in the future. The Minister for Sport has made some excellent responses to this issue but the football authorities are completely unable to govern themselves. That has been staring us in the face for years. I do not want to see statutory regulation in sport but in relation to football they are not going to be able to sort it out for themselves. They cannot see that their interest, first and foremost, should be the supporters or the interest of the national team. I am afraid that the time has come for statutory regulation.
(13 years, 8 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they accept the advice of the Civil Service Commission that the final decision in the appointment of Permanent Secretaries should be made by a selection panel independent of ministers, to safeguard a non-political civil service.
My Lords, in view of some of the exaggerated comments in the press in the last few days, it is perhaps best if I quote the statement by the First Civil Service Commissioner earlier this week:
“We agree that Ministers should have significant influence on the appointment of senior civil servants with whom they work closely; and, as more senior jobs are opened up to competition, we have developed a more active role for Ministers in top appointments than is generally understood”.
In paragraph 8 of the accompanying explanatory note on Recruiting Permanent Secretaries: Ministerial Involvement, it says:
“Under the terms of the Constitutional Reform and Governance Act 2010 the final decision whether or not to appoint the recommended candidate rests with the Prime Minister”.
I am sure that the House is grateful to the noble Lord for reading extracts, but he has been rather selective. The fact is, his right honourable friend Mr Maude is essentially bullying the Civil Service Commission and threatening new legislation in order to give Secretaries of State the power to appoint Permanent Secretaries. Why are the Government going down that route? Do they not accept that it puts the political neutrality of the Civil Service at peril?
My Lords, we do not. I quote the right honourable Jack Straw, who said:
“I welcome his proposals for greater involvement by Secretaries of State in the appointment of their permanent secretaries”.
He went on to say,
“in each of the three permanent secretary appointments that I made”—
that is, Mr Straw—
“in the Home Office, the Foreign Office and the Ministry of Justice—I insisted that there was a shortlist of at least three candidates from which I should choose. There was not the least allegation that I had acted in a partisan or cronyist way”.—[Official Report, Commons, 19/6/12; col. 749.]
(13 years, 10 months ago)
Lords Chamber
To ask Her Majesty’s Government whether further appointments to the House of Lords are expected to be made during the remainder of the current Parliament.
My Lords, any appointments will continue to be made in line with the commitment in the coalition programme for government to reflect the share of the votes secured by the political parties at the most recent general election.
My Lords, yesterday the Leader of the House, the noble Lord, Lord Strathclyde, made it clear that, regrettably, he and the Government will not support the Bill of the noble Lord, Lord Steel, in the other place. Given that, and given the size of this House, is the Minister really saying that the Government are determined to make dozens more appointments, to increase the size of the House and to shore up the political majority of the Government? Surely not.
My Lords, the idea that we are packing the House with coalition Peers is a little idiotic. Of the 122 appointments made since May 2010, nearly one-third, 39, have been Labour Peers. That is not packing the House on one side. The largest group in the House remains the Labour Benches.
One of the ways in which we wish to maintain a vibrant House is to refresh the House from time to time. The committee on retirement has proposed that the statutory retirement scheme is now available. We regret that only two Peers have so far availed themselves of it. However, 20% of this House is now over 80 and, as we know that life expectancy in this House is very good, we encourage others to consider that scheme.
(14 years, 1 month ago)
Lords ChamberMy Lords, I, too, warmly welcome the Bill and I hope that we can agree to send it to the other place as soon as possible after due scrutiny. I commend the noble Lord, Lord Steel, on explaining to the House in his introductory remarks that his Bill is neutral concerning the Government’s Bill in the sense that it is neither complementary nor competitive. It should be treated on its merits as a stand-alone piece of legislation. I very much support that.
As for the three provisions, it seems very sensible to allow voluntary retirement. It builds on the work of the noble Lord, Lord Hunt of Wirral. We had some very interesting comments from my noble friend Lord Soley and the right reverend Prelate the Bishop of Ripon and Leeds about the benefit of retirement. Given that the average age of your Lordships’ House is 69, I am not sure that the precedent of bishops retiring at 70 is one that we altogether warm to. I certainly agree that there may come a time when some noble Lords may feel it is time to move on to other places. I do not think it should be forced on Members of your Lordships’ House, but it should be an option.
On non-attendance, it seems absolutely right that unless there are sound reasons, due perhaps to illness, for a Member not attending for a whole Session, he or she ought no longer to be a Member of your Lordships’ House. I very much take the point raised by a number of noble Lords that some Members have been appointed who have hardly come here at all. It raises the issue of what conversations take place between the Prime Minister, Downing Street and some noble Lords about the commitment that they were asked to give.
I know we are not really meant to talk about—as my noble friend Lord Soley said—the war, but the Government seem to have got themselves rather mixed up about whether they actually want noble Lords or Members of the House in future to attend. Any noble Lord who has carefully gone through the calculation on the cost of the proposed new second Chamber will note that, remarkably, the Government seem now to want Members of the reformed House to be part-time Members. Indeed, in the calculations that they have made, they are calculating that elected Members would attend only 75% of the time. This goes along with the other remarkable suggestion from the Government that elected Members of this House would not seek to represent their constituents. Seeing that the noble Lord, Lord Wallace of Saltaire, is here today to answer this point, I would like him to comment on the Government’s expectation for attendance, either in your Lordships’ House now or in an elected House in the future.
There is general agreement in relation to the forcible retirement of those convicted of serious offences, but my noble friends Lord Davies and Lord Wills have raised some important points. Will the noble Lord, Lord Steel, agree to meet my noble friends between Second Reading and Committee so that these matters may be satisfactorily resolved?
On retrospection, the wording of the noble Lord’s Bill follows the terminology in relation to the Commons. I understand what he is saying, but it would be helpful if the noble Lord, either in winding up today or in discussions after the Committee stage, could clear up that point to make it absolutely clear that retrospection is not to be applied.
I come to the question put by the noble Lord, Lord Fowler, and my noble friend Lord Wills about whether we prefer omnibus change or incremental change. Your Lordships’ House has not been very good at omnibus change since it has never been able to achieve it. Certainly, there is a persuasive case that if substantive reform is unlikely, then sensible incremental change ought to be made. No one sitting here today could say with certainty that the Government are going to get their Bill through or in what form they are going to get it through. Even the noble Lord, Lord Strathclyde, that champion of democracy in your Lordships’ House, has been heard to say in recent weeks that he thinks the Government have only a 50% chance of getting the Bill through.
I am grateful to the noble Lord for giving way. I seem to remember the noble Lord, Lord Strathclyde, standing manfully at the Dispatch Box week after week calling for consensus and, looking around the House, it seems to me that he has achieved it. It is just not the consensus that he wanted.
My Lords, having sat in the place where the noble Lord, Lord Wallace, is now sitting on many debates on House of Lords reform when my party was in government, the only compensation I ever got from defending our position was looking at the faces of the colleagues of the noble Lord, Lord Strathclyde.
The argument that incremental change is important and should take place in this context is persuasive. None of us knows what the outcome of the Government’s proposals will be. The proposals of the noble Lord, Lord Steel, are entirely sensible and I hope that we can give them support.
The noble Lord, Lord Fowler, raised Mr Clegg’s rather pejorative remarks about your Lordships’ House. Well, we are grown up, and I think we can take them. I saw the video clip of him speaking to a group of young people in which we were being condemned for our age, if not for other sins. I wonder why Mr Clegg does it. What is it that he hopes to achieve? Whatever one’s views on whether the second Chamber should be elected, surely no one could doubt the integrity of your Lordships’ House in the effective scrutiny of legislation. I hope that, whatever our views on Lords reform, we will hold our heads up high about the quality of the work that we do.
On the question that the noble Lord, Lord Fowler, raised about conflict between two elected Houses, I know that we are not really talking about the substantive Bill, but I think I should put it to the Minister that the claim has come from the Deputy Prime Minister that the primacy of the Commons is not affected by the Bill. I refer him to the new Clause 2, which is actually worse than the old Clause 2 because it removes the preamble to the 1911 Act. The significance of the preamble is that it recognises that the Parliament Act was developed to govern the relationship between an elected Chamber and an unelected Chamber. The preamble also states that when an elected Chamber arose, the powers of the second Chamber would essentially have to be codified and restricted. In taking away the preamble, the Government are saying that an elected second Chamber would have all the legitimacy to be as assertive as possible within the constraints of the Parliament Act. Therefore, it could reject every piece of legislation that was brought here. It could take huge chunks out of legislation that was brought here. It could veto every piece of secondary legislation. Given that and given that the reformed House would be elected by proportional representation, how long would it be before the conventions died and the claim came from elected Members that the second Chamber had more legitimacy than the Commons because it more neatly matched the votes cast at a general election? As someone who has supported reform and an elected House, I think the Government owe it to this House and to the nation to set out exactly how their proposals will not eventually challenge the primacy of the House of Commons.
Finally, does the noble Lord not concede that his Government’s proposals are a substantial constitutional change to this nation? Given that, what are they so frightened of that they refuse to call a referendum? Surely, in the end, the people should decide. In the mean time, we wish the noble Lord’s Bill godspeed.
My Lords, this is the sixth sitting day since Easter for us to enjoy being able to discuss aspects of Lords reform. It is a pleasure to hear a number of positive speeches about some degree of Lords reform being made around the House. The noble Lord, Lord Soley, opened up the wonderful prospect of a whole series of extremely modest Bills carrying on for several years, slowly and gently putting through little bits of Lords reform. I am not sure whether that would take more or less time than one comprehensive Bill but it is at least an interesting prospect.
The right reverend Prelate is a very brave man to raise the question of age limits and whether one’s relevant and current expertise and responsibilities should be taken into account when considering continuing membership of the House. I have sometimes wondered whether, if the possibility of retirement were put to a vote, the proposal that 95 should be the age limit would pass the House. No one has yet tried; perhaps the noble Lord, Lord Soley, will try it with a Private Member’s Bill in the next Session if it is needed at that stage.
I intend to take to heart the opening comment of the noble Lord, Lord Steel, that the less said about the other Bill in this context the better. We are discussing a Private Member’s Bill and this is an extremely modest proposal. I will simply answer a few of the questions that have been raised, particularly by the noble Lord, Lord Hunt.
The Government’s response to the Joint Committee does indeed say in paragraph 53:
“The Government agrees with the Joint Committee that allowing individuals to maintain relevant professional expertise and attracting individuals who would not want to commit to a full-time role would strengthen the reformed House, as it does the present House. The Government therefore accepts that it is desirable that appointed members should not necessarily be expected to attend every sitting day of the reformed House”.
I do not have to hand the figures for how many Members of the House of Commons attend every day. Of course, Members of the House of Commons often argue that constituency work is more important than attendance at the House every day.
My Lords, the Government have also said that they do not expect elected Members of your Lordships’ House to dabble in constituency work. The whole purpose of these elected Members is to be here in Parliament. The calculations do not show 75% attendance by the 20% of appointed Members; they show 75% attendance by Members of the reformed House. It is quite remarkable that the expectation is that elected Members will attend your Lordships’ House 75% of the time when their sole purpose will be to be here to scrutinise legislation.
My Lords, that is precisely the point that the Government’s response deals with. We have a House that consists of a large number of Members who continue to have other aspects to their lives outside. The point has frequently been made on the Labour Benches that the last thing that we want is for Members of a second Chamber to spend a great deal of their time on constituency work. This response deals with that area. However, at present, I do not wish to be drawn further into discussion of a different Bill from the one before us. I merely draw attention to the excellent article by a Conservative—
(14 years, 3 months ago)
Lords ChamberI agree that it would be difficult for Parliament to say no in that event. I do not totally rule out the idea.
Let me first refer the noble Lord back to the report on referendums by your Lordships’ Constitution Committee. In the debate in this House on that report, it appeared to be generally agreed by almost all noble Lords present that referendums should be rare and that there were significant problems with holding them—not least the propensity of the electorate to vote in response to a different question from that which appeared on the ballot paper. However, the report concluded that it would be appropriate to hold a referendum if abolition of either House of Parliament was considered. It is probably on that basis that some noble Lords consider the justification for a referendum. Yet when we look back to the 1911, 1949, 1958 and 1999 Acts, they were never considered to be Acts of abolition, even though they significantly changed both the powers and the composition of the House.
Gradually reforming composition does not amount to abolition. The draft Bill and the proposals of the Joint Committee suggest a transitional period that would not be complete before 2025—some 114 years after the 1911 Act and 15 years after all main parties promised in their manifestos to work for such an outcome. Ending the hereditary principle, removing patronage from party leaders and allowing people to choose their legislators do not amount to abolition of this House, so I do not see any case for a referendum before 2015. In the mean time, I believe that in 2015 we should begin the first phase of real reform by electing a small proportion of the membership of your Lordships’ House and finally ending completely the hereditary basis for membership. There may be more of a case for a referendum later, on proceeding to the second or final stages of reform.
I also want to address briefly another important constitutional issue in the gracious Speech—
Can the noble Lord clarify that? Earlier in our debate, the proposition was made that the coalition is now considering a new option, which is essentially to go for a small number of elected people in 2015—rather following the Wakeham and Irvine proposals at the beginning of the previous decade—and then pausing to ponder whether we move on from that position, perhaps by referendum. If the noble Lord is saying that, it is important, given that he speaks with a great deal of authority on those Benches.
My Lords, I hope to speak with authority, but I have to say that I speak for myself on this issue. It is logical that if we were to consider a reform which meant that 92 hereditary Peers were no longer Members of your Lordships’ House—which was of course the aim of the 1999 legislation—and if, for the sake of argument, we were to elect 120 Peers in 2015, that would not be a great change. It would not be revolutionary and it would not justify a referendum. We might consider it at some point in the following Parliament—perhaps on the same day as the country was voting in the European elections in 2019, to minimise the cost of a referendum. Then, when people saw the House working effectively without an hereditary element—although I have great respect for many hereditary Members of this House—with a small elected element of, say, 120 Members, that would not be dissimilar to the initial proposals of the commission of the noble Lord, Lord Wakeham. We could then say, “That is how it is working. Do you want to proceed with the remaining life Peers going in phases and a wholly elected House?”. We could vote on that at some point. Complete change is abolition of this House. I suggest that if we were proceeding along that way by 2015, there would be no need for a referendum before then.
I have spoken a number of times about the important issue of individual voter registration. I would like to say little about that as it was also referred to in the gracious Speech, but I will be brief. It is of considerable importance in all elections that we have a complete and accurate electoral register.
(14 years, 3 months ago)
Lords ChamberMy Lords, my noble friend Lady Andrews is right to say that this has been a fascinating debate. I, too, pay tribute to my noble friend Lord Richard, his committee and the clerks for the work that they have done. However, we are also indebted to those members of the Select Committee who produced the alternative report. Taken together, they provide an invaluable reference point for our future debates on reform of your Lordships’ House.
In this excellent debate many noble Lords have questioned the priority that the Government are giving to Lords reform when our economy is in such a perilous position. I agree with that. Over these two days of debate some noble Lords have argued that reform of the second Chamber cannot be considered in isolation from other constitutional issues such as a referendum in Scotland and other changes that the Government are making or have made. I agree with that. However, we will have further ample opportunity to debate those wider issues when we discuss the Queen’s Speech. I would like to focus my remarks on the role and powers of an elected second Chamber and its relationship with the Commons. The Joint Committee has identified this, as have most other noble Lords, as going to the heart of the controversy over Lords reform.
The noble Lord, Lord Tyler, teases me about my position and that of the Opposition. I make it clear that the Official Opposition support reform of your Lordships’ House. We are proud of the legislation that we introduced in 1999, which removed most of the hereditary Peers. In the years since, this House has become ever more effective as a House of scrutiny and revision. It is this House that has held Ministers properly to account and has so often saved Governments from themselves. Would the other place have acted similarly? I want to see reforms make us better still. The Official Opposition support an elected House. However, that must not be at the expense of primacy of the Commons, nor must it threaten gridlock or detract from our role as an effective revising Chamber. Further, these changes should take place only with the specific consent of the British people.
Mr Clegg told the other place on 20 March 2012 that nothing in his plans would change the primacy of the Commons. Remarkably, he denied that there was an automatic link between changing the composition of the Lords and changing the balance of power between the two Houses.
My Lords, I would like to refer to the noble Lord’s work on this issue as we have been through so many of these discussions together. The 2008 White Paper on an elected second Chamber states:
“There is no reason why any further increase in the authority and effectiveness of the second chamber following elections should undermine the primacy of the House of Commons”.
I suspect that the Prime Minister and Deputy Prime Minister are quoting the noble Lord. If he would like me to go through all the other ways in which he has endorsed what is now in the draft Bill—for example, as regards the 80:20 ratio—I would be very happy to do so, but he should reread his own work.
My Lords, I am most grateful to the noble Lord for reminding me of the heroic efforts that I, other noble Lords and Members of the other place made in producing that White Paper. However, that was work in progress. We tried to reach consensus. The problem we have is that when Mr Clegg took over responsibility for this matter he convened a joint group of all the parties and when my noble friend raised the issues of powers and a referendum, that group met no more. We now have the benefit of the work of the Select Committee and of the alternative group, which has taken the debate on powers and primacy further than it has ever been taken before. We need to listen to what those reports say.
We should remember that very few noble Lords agree with Mr Clegg’s view. There is now an overwhelming consensus that an elected House would affect the balance of power. Whether it affects primacy is another question but it would certainly affect the balance of power between the two Houses. We heard the noble Lord, Lord Ashdown, say yesterday that he would like an elected second Chamber to be able to veto the UK going to war. We heard a statesmanlike speech from the noble Lord, Lord True, but even he, too, talked about Houses that are co-equal. The problem that we have comes back to Clause 2 of the draft Bill, which states:
“Nothing … affects the status of the House of Lords … the primacy of the House of Commons … or the conventions governing the relationships between the two Houses”.
The problem, as the Select Committee itself pointed out, is that, “a major difficulty” with Clause 2 is that it,
“seeks to establish a series of negative propositions”,
in relation to “key terms”, such as,
“status, primacy, powers, rights, privileges, jurisdiction and conventions”.
There is no existing body of statute defining these key terms.
The Government have clearly rejected at this point proposals to set out in statute the powers and relationships between the two Houses, and to amend the Parliament Acts. The reason is that a complete statutory codification would lead to tensions as to where the boundary lay between Parliament’s own processes and the courts’ interpretation of statute law. I understand that argument, but my point is this: those tensions will be nothing as to the tension between two elected Houses vying for supremacy—and they will vie.
We are clear that Clause 2 will not do. My noble friend Lord Richard tells us that Clause 2 will not do. I hope that the Minister, when he responds, will not simply say that we can tinker around with Clause 2. The overwhelming argument put to him in this debate is that the Government have to go away and think again about how to define the powers of and relationship between the two Houses.
I should like to come back to the Parliament Acts and the preamble to the 1911 Act. It suggested that for a Chamber constituted on a popular basis new proposals would be needed,
“limiting and defining the powers of the new Second Chamber”.
Why have the Government not made such proposals for limiting or defining those powers? What does the Minister have to say in response to the evidence of my noble and learned friend Lord Goldsmith and the noble Lord, Lord Pannick, that the drafters of the 1911 Act did not intend its provisions to apply in the event of a second Chamber being constituted on a popular basis? The Leader of the House, the noble Lord, Lord Strathclyde, rather ducked that point in his opening speech—but it is a crucial point. It is perhaps the most crucial point of all. Yesterday, my noble and learned friend Lord Morris of Aberavon regretted the absence of the Attorney-General’s advice to the Select Committee on the Parliament Acts. I ask the Minister why that advice was not made available, and will it be put at the disposal of Parliament if a Bill is introduced following the Queen’s Speech?
I turn to the conventions. The committee of the noble Lord, Lord Cunningham, said that in a formal sense the Lords has equal status with the Commons as a House of Parliament in initiating Bills and passing them, subject to financial privilege and the Parliament Acts, and equal status in approving delegated legislation. In reality, as that committee said, the formal position has come to be moderated by conventions reflecting the primacy of the Commons, and those conventions are “flexible and unenforceable”. Indeed, the Joint Select Committee comments that:
“It is paradoxical and self-defeating to refer to conventions in statute”,
as the draft Bill does. The report continues,
“once the meaning of a convention had been legally determined, it would no longer be a convention”.
The committee’s solution is that the two Houses should, following reform,
“establish a means of defining and agreeing the conventions … by the adoption of a ‘concordat’”.
However, by that time it will be too late. What if there were no agreement? In any case, do conventions have anything to offer between two competing elected Chambers, each claiming equal legitimacy?
Meg Russell, of the Constitution Unit at UCL, said that,
“elected chambers … feel free to use their powers to the full, in a way that the House of Lords currently does not”.
The Joint Committee said that if the Lords,
“chose to use its powers, it would be one of the most powerful second chambers in the world”,
and that the reformed second Chamber,
“should have an electoral mandate provided it has commensurate powers”.
However, few would want to see both Chambers locked into endless conflict, and the logical outcome of this is that the role, functions and powers of the House should be determined and agreed before any change is made to its composition.
On the question of a referendum, surely the British people should have the final say. An elected second Chamber would be a major constitutional change. Surely no one could disagree with that. It is rather more important, I suggest, than decisions on mayors—even on the Mayor of Birmingham—or the minutiae of European legislation. It is as important as voting systems for the House of Commons. On all these matters, the Government have recognised the need for the people to decide through a referendum. The Joint Select Committee has so recommended, yet Mr Clegg dismisses it out of hand. What is the Deputy Prime Minister so frightened of?
Democracy, ah! He told the House of Commons on 20 March that a referendum was not appropriate because he proposed to reform the composition of the House, rather than abolish it. Surely that is disingenuous. Whatever our arguments about reform, elections or non-elections, these proposals are fundamental and change the second Chamber. In fact, Mr Clegg’s arguments have moved on since 20 March —understandably perhaps. We are now told that we cannot have a referendum because Lords reform was in the three party manifestos at the last election. However, my party’s manifesto said that we would have a referendum. The noble Lord, Lord Forsyth, reminded us that the Conservative Party manifesto pledged to work towards a consensus for a mainly elected House. I imagine that it related to a consensus in the normal sense of the word, rather than the interesting interpretation made by the noble Lord, Lord Strathclyde, yesterday. The coalition agreement, to which we all dutifully pay obeisance committed only “to bring forward proposals” on Lords reform. Mr Clegg’s arguments are as thin as his draft Bill.
As for the remarks of the noble Lord, Lord Tyler, about his own heroic role on this question, I refer him to page 163 of volume 1 of the Joint Committee’s report, which records the vote that took place on the issue of whether the Government should submit to a referendum the decision on changes to the second Chamber. There were 13 contents and 8 not-contents, and the not-contents included the noble Lord, Lord Tyler.
The noble Lord is really kind, but it was quite clear from the discussion—and of course he was not present—that that was intended to refer to a referendum on the Government’s proposals. I have always said, in common with most of the other decisions taken by this country in referenda, that they should be post-legislative. That was what I was referring to very clearly in my speech today.
My Lords, what the report says is:
“The Committee recommends that, in view of the significance of the constitutional change brought forward by an elected House of Lords, the Government should submit the decision to a referendum”.
That is pretty clear. The noble Lord is being rather pedantic on that point.
Time moves on. We have debated many other issues and I wanted to pick just three from our debates. First, on the question of representation, the noble Lords, Lord Trimble and Lord Dubs, made some excellent points that elected Lords will expect to represent their constituents and should be resourced to do so. That must be part of their accountability to the electorate. We cannot have a situation whereby elected Members of Parliament are discouraged from direct contact with their constituents and almost inhibited from helping them with constituency cases.
On hybridity, I sense strong concern in our debate. One can see why it would be attractive to retain an independent element in an elected House, but I suspect that the 20 per cent appointed Members would feel increasingly uncomfortable and isolated in a House dominated by elected politicians. If the votes of the appointed Members helped to thwart the views of a majority of elected Members, I doubt that they would last very long. I well remember when we were in government, particularly in the early days, that when we lost votes, we put out press notices which showed that it was because of the way that hereditary Peers had voted. The temptation for any political bloc to do that would be overwhelming. Hybridity is a nice idea. One understands why it is being put forward, but I sense that in two days of debate, the argument has fallen.
My Lords, let me be clear about what the noble Lord is saying. Is he saying that the Labour Party’s position is that it would not support a Bill unless it was for a 100 per cent elected second Chamber without the Cross-Benchers?
My Lords, we have always said that we would support a 100 per cent elected House.
Consistently in the new Parliament we have argued for a 100 per cent elected House.
Lord Richard
My Lords, the noble Lord says that we have consistently supported a 100 per cent elected House. I have to tell him that I part-authored a book many years ago in which I called for a two-thirds elected House and a one-third nominated House. I have never resiled from the principle that the majority should be elected but that a minority should be appointed. I do not want to go on about this, but I have always been in favour of what the late John Smith used to call a predominantly but not exclusively elected House of Lords. If the Labour Party’s position has now changed, I would be upset.
My Lords, I am very grateful to my noble friend for his contribution and for his long campaign and support for democratic reform of your Lordships’ House, but I am absolutely clear. I advisedly said that, since the election, the policy of my party is to support a 100 per cent elected House.
Lord Ashdown of Norton-sub-Hamdon
My Lords, it is important that we are clear on this—by the way, of course I agree with that position. Is the noble Lord saying that the Labour Party would not support 80 per cent elected, 20 per cent appointed?
Our position is very clear. If there is to be an elected House, it should be 100 per cent elected. Of course, we also believe that we have to sort out the powers issue, because the two go together.
I come back to the issue of costs. I thought that my noble friend Lord Lipsey put forward some interesting evidence. I thought that it was a bit unfair for the noble Lord, Lord Tyler—his interventions are always enjoyed by your Lordships’ House—and Ministers to dismiss his work as highly speculative, because the Government will not put their costings into the public domain. This can be sorted very quickly if the Minister will offer to the House today to put those costings in the Libraries of both Houses so that we can study them with great care.
As for the suggestions of the noble Lord, Lord Tyler, on salaries, I would have thought that that meant that only rich people need apply, but that is a rather familiar refrain from some parts of the coalition Government at the moment.
We come to the end of our debate. I, too, hope that the noble Lord, Lord Wallace, will provide some reassurance that the Government will reflect on this debate and study both reports with great care. I say again that I hope that the Government will not rush to produce a Bill with minor tinkering around Clause 2. That would be very disappointing.
I also hope that the Minister will explain why, when the country faces so many challenges, not least on the economy, Lords reform is apparently to be a centrepiece of the Government’s legislative proposals in the Queen’s Speech. That is a rather strange sense of priorities. Last night, my noble friend Lord Stevenson referred to the observation of the late Lord Bingham that there is simply no solution to the problem of Lords reform. That is why, Lord Bingham said, despite an immense outpouring of time and talent, no solution has been found. I do not go that far, but I think that in a non-federal state, working out the relationship between two elected Houses is very difficult. The charge that I put to the Minister is that the Government have not begun to think this through.
I hope that the Government will agree to allow for the role, functions and powers of an elected second Chamber to be determined before proposals on membership are made. Above all, I hope that the Government will agree to such proposals being put to the British people in a referendum. In the end, should not the people decide?
My Lords, I have listened carefully to almost the entire debate and particularly to my noble friend’s contribution. Many within the Government will be reading the debate in Hansard. As I said at the beginning, I did not hear much with which I was not already familiar. I suspect that that may be true of many noble Lords. Of course we shall be reflecting on matters and, if proposals are brought forward in the Queen’s Speech, a great deal of what has been said will be reflected in those proposals.
My Lords, the Minister says that he has not heard anything new, but would he not accept that in both reports the argument particularly about powers and legitimacy have been developed in a way that we have not seen before? Can he assure the House that we will not simply get another version of the Bill showing marginal changes? He owes it to the House to say that the Government will consider the reports carefully.
My Lords, of course, this is a debate to take note of the Richard report. It has been read extensively within the Government as well as outside. I trust that all noble Lords have read all three volumes, including the splendid compliment made by my noble friend Lord Cormack to the noble Baroness, Lady Young of Hornsey, in which he commented on her extreme youth. The conclusions will be considered within the Government, but the proposals on the table are those on which the Richard report commented.
I recognise that many noble Lords would like some entirely different proposals. Undoubtedly, if the proposals are brought forward, they will be modified by comments made in this House and elsewhere. That is the nature of the to and fro of democratic debate and those are the efforts that we all make in attempting to reach a consensus.
The question is, as the noble Lord, Lord Lea of Crondall, remarked: what is our central problem? Part of the central problem, which the Government aimed to address, was how to increase the legitimacy—
(14 years, 4 months ago)
Grand CommitteeThese regulations enable administrative information already collected by government to be further utilised, but only for the purposes as set out in the regulations—that is, for the improvement of population statistics.
In summary, allowing access to information in relation to individuals associated with certain benefits and Revenue payments will lead to developments in the production of census-type statistics under the Census 2011 programme. Ultimately, it will lead to more accurate resource allocation, policy development and service planning and delivery. Simply put, better statistics will inform better policy-making. I therefore ask the Committee to support these regulations.
My Lords, I am sure that we are very grateful to the Minister for his comprehensive description of the regulations before us. Of course, as he said, the context in which these regulations are being debated goes beyond the 2011 programme established by the UK Statistics Authority, which is testing and establishing alternative models for census-type statistics. Obviously, there is a great deal of interest in that and in the programme, and I should like to come back to that in a moment. However, the Explanatory Memorandum very helpfully says that the effect of sharing social security and Revenue information will be subject to internal review after 12 months and that the legislation may be amended accordingly. Will the outcome of that internal review be made public?
I also take this opportunity to ask the Minister to explain what will happen to the 2021 Census. Can he also say whether there will be parliamentary scrutiny in the event of the Government deciding to replace the current 10-year Census? Will it be subject to a legislative order or primary legislation or to a debate? It would be helpful if he could clarify that for me.
My understanding is that the UK has carried out a Census every decade since 1801, with the exception of the 1941 Census during World War II. It is of course the only time that everybody in the country is counted and the information is used by the Government to determine spending priorities and to track population movements. In addition, academics, charities and religious organisations all use information gathered in the Census, because it asks wide-ranging questions in relation to people’s households, nationality, faith and marital status. The information is also of great interest to many members of the public. The online publication of the 1911 Census, for instance, was a very great success and hugely popular. I understand that 3 million people accessed the data within a few months of its being established.
I would just like to ask the noble Lord to comment on the remarks of Geoffrey Robertson QC, a constitutional barrister, who said the news was regrettable since some sort of count had been carried out by the monarchical government for almost 1,000 years. He said that future historians will be less able to interpret Britain in the Cameron-Clegg era as a result of this decision. He actually went on to say that perhaps that is the reason for this, but I do not accuse the noble Lord of that. I would also refer him to the remarks of David Green, the director of the Civitas think tank, who said the decision was a terrible mistake. It is a question of whether alternatives are reliable. The Census is expensive but he thinks it is worth the money for historic continuity.
My Lords, I thank the noble Lord for those comments and can tell him that the Beyond 2011 programme regularly reports to Ministers and these reports will be published on the ONS website, so they will reported in a form that will be easily accessible to noble Lords and others who are interested. The most important question which he posed is what will happen to the 2021 Census. My clear understanding is that the decision will not be taken until 2014 or later, and the purpose of these data exchanges and this data-sharing is to discover, first, how accurate the 2011 Census has been and, secondly, whether there are alternatives to continuing to conduct a Census of this sort.
There are costs, benefits, advantages and disadvantages to maintaining the traditional Census. As I understand it, the first Census was conducted in 1841. I say this from my historical knowledge since I can trace my family back to 1801, precisely because one of my ancestors was 40 in 1841 so one could get him back to where he had been born.
My Lords, rather like the sixties, does the noble Lord’s memory go back that far?
I hope so. It is possible that censuses have gone back further. I have at the back of my mind something that says a decree went out from Caesar Augustus that all the world should be taxed. That, of course, was a census of some sort which I think was just before they managed to conquer this country, so “all the world” was a bit of an exaggeration.
The problem of the future of the Census is this: the Census of 1911 and earlier ones are tremendously interesting in their historical information for all of us. I have certainly looked at the 1911 Census and in our hall in Saltaire we have lists of everyone who lived in the house every 10 years from when the house was built to 1911. Yet how much money should one spend to provide historical information to the next generation but one? That is one question with which the Government have to be concerned.
We are somewhat impressed that Census information has got less accurate as family circumstances have become much more complicated. Children live in two houses because their parents are separated and people move around much more rapidly. With a much more mobile society in which young people, particularly young males, do not register with doctors or fill in forms, there are substantial problems in counting population. As we all know, for Government and particularly for local authorities, accurate assessment of how many people are living in your area is of considerable importance, so the purpose of this entire ONS programme is to see whether there are better alternatives to provide efficient and differentiated population statistics. It brings together a range of information now available to different government departments under very strict conditions.
In the discussions that I have had with officials on this, I said that it is quite clear that we will need a Green Paper for 2014 to allow Parliament and the public to discuss the costs and benefits of retaining the traditional Census or of otherwise moving towards a different rolling programme. After all, the data revolution is making life astonishingly different from what it was. There are enormous advantages in the amount of data that can now be collected about us. However, we are all conscious that there are enormous dangers in allowing the state to collect too much information, and that is why this statutory instrument and the others in the programme are wrapped around with so many conditions.
I hope that I have provided sufficient reassurances to enable the Committee to accept the statutory instrument.