(9 years, 5 months ago)
Lords ChamberThe Government take seriously their responsibility to consult people about serious and important matters of policy, and that includes consulting Members of your Lordships’ House. I am sad to hear what the noble Lord said but this is usually something that we do very well indeed.
My Lords, I have the figures here. Can the noble Baroness confirm that we have almost as many Members whose main residence is overseas as we do Members who come from the east Midlands? Is it not time for a moratorium on the appointment of new Peers from London and the south-east so that we can rebalance the membership? Come to think of it, should we not have a moratorium on all appointments? Can she confirm that it is her and the Prime Minister’s intention to pack her Benches with yet more Conservative Peers in the next few weeks?
New appointments are a matter for the Prime Minister and I am not going to speculate on that. However, this is more complex than just a question of where we come from and where we live. One interesting thing in the data from which the noble Lord is quoting is that there are more Labour Peers than Conservative Peers with London addresses. As an example, I live in London but am from Beeston, just outside Nottingham. Although I do not represent Beeston, I like to think that I bring some knowledge and experience of where I was born and brought up, and I hope that that adds to my contributions in this House.
(9 years, 9 months ago)
Lords ChamberMy Lords, this has been an excellent debate. I warmly welcome the noble Baroness, Lady Bowles, and, of course, my noble friend Lord Darling, to the House. I congratulate them both on excellent maiden speeches. Right at the start, at about 3.35 pm, the noble Lord, Lord Strathclyde, said that this debate goes to the heart of the work of the Lords as a revising Chamber. Of course, that is true.
Interestingly, as we have developed during today, what has become clear is that, whatever view one has about the conventions, financial privilege and what happened in October, this debate is really about the role of Parliament and the fears that many Lords have expressed about the encroaching approach of the Executive seeking to gain more control over the legislature. That is why we have to be wary, at the very least, of giving up our veto on the strength of what, in the noble Lord’s report, are essentially vague possibilities that the Government will reduce their use of statutory instruments or even that the other place might take statutory instruments rather more seriously in the future.
We are, of course, highly indebted to the noble Lord, Lord Strathclyde, for his report and for opening the debate. Clearly, he has a new role ahead as chairman of numerous public inquiries. But he will know that, like my noble friend Lord Grocott, we cannot accept his arguments. We did not break a convention; we did not challenge the primacy of the Commons; there is no constitutional crisis. In October we overwhelmingly declined to support a fatal Motion. Instead, we asked the Government to reconsider and bring forward changes. As the noble Lord, Lord Lisvane, pointed out, the Government had many options for doing that, either through primary or secondary legislation. They chose not to do so. The Chancellor accepted the logic of the Lords position, as the noble Lord, Lord Forsyth, pointed out. As my noble friend Lord Haughey said, there was no victory or defeat, common sense just prevailed.
My noble friend Lady Hollis remarked that it was not our vote on tax credits that strained the conventions, but the Government deploying a statutory instrument in the first place to introduce by the back door highly controversial measures affecting millions of people and, essentially, to avoid proper debate in the other place. My noble friend Lord Cunningham put it so well. The resulting fit of pique by the Government is not the basis on which to make far-reaching changes without a careful examination of the long-term consequences.
So we come to the detail of the report by the noble Lord, Lord Strathclyde. For me, the most important part of that report is the last paragraph, on page 23, concerning the appropriate use of statutory instruments as opposed to primary legislation. Many noble Lords expressed worries about the increased use of statutory instruments, in particular the growing use of what are now being called skeletal Bills, backed up by a host of statutory instruments including Henry VIII powers. The noble and learned Lord, Lord Judge, made a most telling contribution. My noble friend Lord Williams spelled this out: 34 Acts since 2010 contained such Henry VIII powers. Let us be frank: the Government of which I was a member was also guilty of that.
In that paragraph, the noble Lord, Lord Strathclyde, said that,
“in order to mitigate against excessive use of the new process”,
which he proposes under option 3, he believed that,
“it would be appropriate for the Government to take steps to ensure that Bills contain an appropriate level of detail and that too much is not left for implementation by statutory instrument”.
It is the most important point he makes in the report. The question I put to the Leader of the House is this: how is that to happen? What guarantees are there for this House were it to give up its veto on secondary legislation? I hear what the noble Lord, Lord Young, said, but in this case warm words are simply not enough.
We then come to the question of the role of the Commons in dealing with statutory instruments. It has been confirmed by many Members of your Lordships’ House who have come from the other place that the way the Commons deals with statutory instruments is frankly nothing short of disgraceful, with minimal interest, discussion and scrutiny. The Lords would be asked to take an awful lot of things on trust were it to accept the recommendations of the noble Lord, Lord Strathclyde. Will the noble Baroness tell us what guarantees we have that the House of Commons is seriously going to change its ways in dealing with statutory instruments?
I want also to ask her about the details of the noble Lord’s report, in particular his option 3. There have been a number of detailed questions and criticisms of some aspects of that recommendation. My noble friend Lady Hollis raised the importance of a set period of delay. Without such a set period, what on earth would make a Government take notice of anything the Lords said on such an instrument? There are other questions: how will the Executive engage with noble Peers on statutory instruments? How will the view of the Lords be conveyed effectively to the House of Commons? Will the resolution be preceded by debate on the Floor of the House of Commons? How much time would be allowed for it? Would it be more than the five minutes a day on average that currently occurs? Will the matter be subject to deferred Division in the Commons, as is the case with many statutory instruments now? Will statutory instruments continue to be started from both Houses, because it certainly has an impact on whether the House can ask the Commons to think again if the Commons has not thought about something in the first case? Will amendments be allowed? This is a very important question about amendments in relation to statutory instruments. The noble Baroness, Lady Fookes, made an excellent contribution and put forward many excellent ideas in relation to how we might take the scrutiny of statutory instruments forward.
In listening to the debate I sense that most noble Lords on all sides of the House are not opposed to a careful examination of how we might improve the way we scrutinise secondary legislation and of how the relationship between the two Houses might be more carefully effected in the future, alongside a review of what most appropriately constitutes primary legislation as opposed to secondary legislation. However, the House does not wish to give a blank cheque to the Executive or to proceed without fully understanding the long-term implications. It is here that we look to the Leader of the House. She is, of course, a government Minister and is Leader of the Conservative group of Peers in your Lordships’ House. However, as Leader, she has a wider responsibility to guard the House’s interest and to ensure that its role is cherished and enhanced.
Many noble Lords have quoted the Hansard Society paper that we received this morning, and a very good paper it is, too. However, it concluded:
“The complexity of the delegated legislation process, the lack of understanding amongst parliamentarians … all point to a system that is no longer fit for purpose”.
As noble Lords have said, the Hansard Society argues for an “independent expert inquiry” and certainly adds weight to the case for a constitutional convention. My noble friend Lord Darling made a persuasive case for that in describing the problems arising from a piecemeal approach to constitutional change.
We are not elected. We are the second Chamber. We accept without question the primacy of the other place. However, we are the only part of Parliament that takes secondary legislation scrutiny seriously. Therefore, in the light of our debate, I hope that the noble Baroness the Leader will tell us what she is now going to do. However rarely it is used, we currently have an unfettered right to veto secondary legislation. I believe that is a safeguard for both Parliament and the public. Does the Leader want to be the person to remove that right and hand yet more power to the Executive? I hope not. I certainly hope that she will listen very carefully to what noble Lords have said before she takes any such precipitous action.
Many noble Lords have suggested that we appoint a Joint Select Committee of both Houses to look at this issue in the round. The work of my noble friend Lord Cunningham is an excellent example of how that might be done. It would also enable us to embrace the very interesting point made by the noble Lord, Lord Crickhowell, about the need to reflect and understand the views of Members of Parliament.
I say to the noble Baroness that this has been a rather remarkable debate. Different views have been expressed, but I think that there is an urge in the House to try to find sensible consensus on the way forward. She would find huge support on all sides of the House if she said tonight that she would agree to the appointment of such a Joint Select Committee of both Houses. Having heard this debate, I am convinced that is the right way forward.
(9 years, 10 months ago)
Lords Chamber
To ask Her Majesty’s Government, further to the comments made by Baroness Chisholm of Owlpen on 3 November (HL Deb, col. 1516), how Lord Strathclyde and his review team will take account of the views of Members of the House of Lords.
My Lords, my noble friend Lord Strathclyde has written to the Members of both Houses inviting them to submit their views. A number of Peers from around the House have already made submissions to his review or shared their views with him in person. I have no doubt that he will consider carefully all representations from Members of this House.
My Lords, I am grateful to the Leader for that reply. Can she assure me that, when the noble Lord, Lord Strathclyde, has reported, there will be an opportunity for the House to debate the contents of the report before the Government come to any conclusions? Can she also say whether, in view of the 1994 resolution of this House that we have an unfettered right to vote on secondary legislation, which was confirmed by the Joint Select Committee on Conventions, if the noble Lord proposes reducing the powers of this House, she will ensure that a further Joint Select Committee of both Houses is established to consider the consequences both for this House and the other place?
I certainly do not want to pre-empt my noble friend’s conclusions when he comes forward with his response to the Prime Minister, but it is worth me reminding the House that he is looking into the constitutional issues that were raised by the proceedings in this House in October. They were unprecedented; they did raise serious questions.
(10 years ago)
Lords ChamberMy Lords, I must apologise, too, that I shall speak in the gap. This has been an excellent debate and I hope that the Leader will be able to respond to the substantive points raised.
Like the noble Lord, Lord Kerr, I pay tribute to the Leader—I do not think that she has an easy job—but she needs to convince us tonight that the Government are at least paying some attention to the points raised by your Lordships, because, so far, there is scant evidence of it.
I do not want to go into the circumstances of the failure to respond to our request that a Joint Select Committee be established, but it is a very serious matter that there has been no response. The Leader has prayed in aid Mr Allen’s amendment. Although it may be considered tomorrow, there is no guarantee that the Speaker in the other place will choose it. The noble Baroness prays in aid the amendment as a reason for not responding to your Lordships, but of course her colleagues in the other place will then do everything they can to determine that, even if it is called, it will be defeated. That is not a satisfactory response.
I have noted the point that Chris Grayling made, that he wishes to see our Constitution Committee work with the Commons Procedure Committee, but what does this mean and what if the two committees disagree? If he wants the committees to work together, why on earth not establish a Joint Select Committee?
Of course, we are very grateful to the noble Lord, Lord Lang, who made a helpful intervention informing us that his committee has agreed to accept the task that it has been asked to do.
It is not being suggested that we work together with one of the committees in the other House; we all work independently and we would be more concerned with the output that came through to this House rather than what goes on down there.
My Lords, I fully understand that, but the question I am raising is: what happens if the two committees reach different conclusions? That is why I think it would have been much better if there had been a Joint Select Committee. From what the noble Lord has said—and I hope that the Leader will agree with me on this—it is clear that accepting this proposition and agreeing to do the work does not mean that the committee is saying that it endorses EVEL or the way in which the Government have chosen to do it.
So many risks are involved in the changes—so many risks to our constitution and so many risks to the union—yet the noble Baroness describes them as simply a matter of procedure and the property of the other place. It is a terrible precedent to use Standing Orders in the other place to make what is a huge constitutional change. We have heard that the contrast between the position of Scottish Members here—the noble Lord, Lord Forsyth, was very clear on this—and in the other place is not simply a matter of procedure, and nor is the role of the Commons Speaker. The noble Baroness, Lady Boothroyd, spoke eloquently about the problems of a Speaker being embroiled in hugely controversial political decisions. The 31 pages of memorandum from the Cabinet Office that we have seen are mostly about the Speaker’s role. There are dangers in involving the Speaker—even with the aid of two wise people, as the health docs used to say—and sharing that decision does not fill one with confidence.
The noble and learned Lord, Lord Wallace, raised an important point. A Bill passed by your Lordships’ House goes to the Commons and is passed there, but is vetoed by English MPs because of the lack of a double majority. The constitutional implications of that are profound.
The noble Lord, Lord Butler, made a pertinent point on whether Scottish MPs are to be given a veto in the circumstances he described. My noble friend Lord Reid gave us wise words about the dangers of establishing a series of grievances that put the union at risk, and they should be a warning to us all.
My time is up. I would simply ask the noble Baroness to really convince us that the Government are going to listen. The profound threat to our union and the integrity of the United Kingdom is very apparent in the debate tonight. Procedures in the Commons are not the way to do it.
I will come in a moment to ping-pong and how amendments made by this House are considered by the other place, but I disagree with the noble Lord about his interpretation of what I am saying. I am very clear that there is a difference between somebody having the power to stop something and somebody having the power to force something through that others are not in agreement with.
Moving on to this House, and to pick up the point raised by the noble Lord, Lord Tyler, as I have already said, our powers remain exactly the same and our procedures are not affected. We will be able to consider legislation in the future in exactly the same way as we do now. When we amend legislation and we send a Bill back to the other place, the Speaker will have to certify our amendments again. He will certify whether the amendments that have been made—
The Leader says that what has been proposed does not change anything in this House. My question is: why not? I go back to the point raised by the noble Lord, Lord Forsyth. This is a most extraordinary situation, where his MP will not be allowed to take part in key decisions, whereas he, as a Member residing in Scotland, is. We have yet to hear any convincing argument about why the two Houses are being treated differently.
Although my noble friend does not agree with the reason why the two Houses are being treated differently, he answered his own question, which is that we are all Peers of the United Kingdom. We do not represent any particular part of the United Kingdom. As I said when I first repeated the Statement that introduced these proposals a few months ago, as much as I am proud to come from Beeston and wanted to take Beeston in my title, I do not represent Beeston. None of us represents any particular part of the country, so that is why we are treated differently.
When our amendments go to the other place, the Speaker will be asked to certify whether they apply only to England or England and Wales. The other place will consider our amendments in the Chamber in exactly the same way as they do now: the whole House of Commons will consider the amendments made by your Lordships’ House. When MPs come to vote on any such amendments, the votes will be counted for a double-majority. If the amendments that we have made to legislation affect only England or England and Wales, it will be necessary for those MPs to approve our amendments as well as the whole House of Commons.
The noble Lord says, from a sedentary position, that that is a veto. But we have to take a step back for a moment and remember that what we are introducing here is English votes for English laws. We are saying that we want Members of Parliament who represent English constituencies to have a stronger voice. It would make a mockery of that if MPs from those constituencies were not able to have a stronger voice when asked to consider amendments that affect only their constituencies.
This is not the process for amendments that apply to the UK as a whole, but for those that apply to England or England and Wales only. If the House of Commons as a whole votes in favour, but the English or English and Welsh MPs do not support measures that apply only to their constituencies, we will receive back a message that says the House of Commons does not agree with the amendments that we have made. The key point is that we will receive a message in exactly the same way as we do now, with a reason why the House of Commons has decided not to accept the amendments. It will be up to the Government, as they are now, to consider very carefully what has been said by the House of Commons and to consider what we might want to put forward to this House. This House will then decide what it wants to do. If this House still does not agree, it will send the message back again—so our amendments will be considered in exactly the same way. But we cannot introduce English votes for English laws without the MPs who represent English or English and Welsh constituencies having the stronger voice that they deserve when this House wants to introduce something that will affect only those places.
(10 years, 1 month ago)
Lords ChamberI am very happy to be corrected later on, perhaps by the Leader of the House.
More importantly, I am not sure that numbers have ever counted for much in the House of Lords. In every single Parliament between 1945 and 2001, Labour were in a small minority in the House, particularly in the 1980s and 1990s. Yet, when in government they were always able to carry the Queen’s business—as did the Conservative Party—but perhaps more important than that, when in opposition they were extremely effective. In fact, I have always thought that the Labour Party was better in opposition in the House of Lords than in government.
One of the reasons for that is that we all recognise the limits of our power in the House of Lords. Yet, this century we have been testing the limits of that power. While we as a House might have become more relevant, and perhaps more political, I am not sure that we have become more powerful as a House, and nor should we. The House of Lords defeats the Government from time to time, but what is much more powerful than defeat is the strength of the argument that is deployed and the influence that is brought to bear, particularly if there is a sign of a rebellion from the party in government.
My Lords, I am most grateful to the noble Lord for giving way. I recollect that during his time as Leader of the Opposition in your Lordships’ House, he and other Opposition parties defeated the Labour Government on, I think, 33% of all the votes. Is he now recanting from that?
When the noble Lord reads my words, he will see that I said that far more powerful than defeating the Government was the strength of the argument. I maintain that that was the case even when we defeated the Government when I was Leader of the Opposition.
As other noble Lords have said, what also counts is that this House should do what it is asked to do: holding the Executive to account; scrutinising and revising legislation; debating the great issues of the day and informing the Government and the people of our collective views; holding great committees of inquiry that take evidence; and thinking through the solutions to the difficult issues that face our country. The noble Baroness the Leader of the Opposition indicated that that might not be complementing the work of the House of Commons, but that is exactly what my noble friend the Leader of the House meant when she said that we should complement the Commons. I very much welcome the fact that the Leader of the Opposition is still in post. It is a great relief to us all that she was reconfirmed.
My Lords, there has not been one speaker who does not agree that the House of Lords has become too big and needs to reform if it is to survive as a respected revising Chamber. The age-old question is how. There are perfectly respectable arguments for an elected second Chamber, for an appointed Chamber and perhaps even for no second Chamber at all. The recent attempt in the last Parliament, with some elected and some appointed Peers—one could call it the “Clegg plan”—fell through the gap in the middle and was quite rightly rejected by the House of Commons.
We have heard that some would prefer a retirement age and some a limit of service, all with their advantages and disadvantages, which are well understood by your Lordships. There is also the suggestion of only one in when two, or perhaps three, leave, which might take quite a long time to work. What is clear is that reform of this House must now come from this House. It must be acceptable to the main political parties and to the House of Commons. The alternative is probably, one day, abolition by the House of Commons, unless we come up with a solution.
I cannot resist adding my thoughts to those of other noble Lords on a solution. It is somewhat similar to the proposal put forward by my noble friend Lord Jopling. It would involve legislation, but as we know from the experience of the noble Lord, Lord Steel, it is possible to get one’s legislation through—it is a long and tortuous process, but one gets there in the end. I believe that this House should remain appointed. Its role must be to hold the Government to account and to revise, but ultimately the Government must always be able to get their legislation through this Chamber. We must not be able permanently to block legislation; the Government must always get their business through. I believe that the composition should be no more than that of the House of Commons—say, 600 or whatever the House of Commons turns out to be. The Cross Benches should be limited to about 100.
After every general election, the leaders of the political parties in this House shall agree numbers based on the numbers of MPs elected to the House of Commons in their respective parties. They shall then hold a ballot, similar to the ballots conducted by the hereditary Peers, to limit numbers within their respected parties. This way Peers elect themselves; they know best who should continue to serve in this House. Leave it to noble Lords to decide who stays; they know best. It worked for hereditary peers when we had that reform. My noble friend Lord Strathclyde said that it was a painful process, but I do not think it was painful; I think that it worked rather well. I should say that that is perhaps because I was elected—I think largely because, having a name beginning with “A”, it came top of the list; had it been further down, God knows what would have happened, but luckily it was in alphabetical order. If a Peer cannot remain in this House for whatever reason, there could be a by-election among the political parties. During a Session, the Prime Minister would be able to advise Her Majesty to create further Peers, either to become Ministers in this House or to top up numbers.
I am sure that the Lib Dems and now UKIP want it to be based on share of the vote. I do not think that that would work because it would produce a House very different from the House of Commons. It would undoubtedly lead to a logjam of legislation, and it would not stand the test of time.
I also believe that we should look at the Bishops’ Benches. They should also limit their numbers of who should attend. I have always believed that we should find some way of ensuring that other faiths are better represented in this House than they are now.
The result of my modest proposal—it is simple, which is important—is that the Government would have a majority, but they could be easily defeated by a combination of opposition parties and the Cross Benches. We would still be a revising Chamber; we would still have clout. We might be respected, so that we might even be able to persuade the SNP to nominate Peers to attend this Chamber.
I hope that the opposition parties and the leader of the Cross Benches will work with the Government to consider proposals. Time is of the essence and we must not lose it. I understand that the position of the Lib Dems is that they do not feel bound by the Salisbury convention. If that is correct and they oppose or wreck government Bills in alliance with the Labour Party or whoever, that will put the final nail in the coffin of a second Chamber. I hope that when he comes to wind up on behalf of the Lib Dems the noble Lord, Lord Paddick, can enlighten us on their position. I do not think that the Commons would stand it.
We also have to wonder what the position is of the Labour Party. It has not been made clear. I am not sure whether its new leader is in favour of an elected second Chamber or its abolition. I am sure that the noble Lord, Lord Hunt, will reveal all when he comes to sum up for his party.
My Lords, I am sure that he gives thought to little else than Lords reform.
I am delighted to hear that. I very much look forward to the noble Lord, Lord Hunt, telling us what the views of his new leader and of his party are.
There is a small window of opportunity. We should be brave and grab it. I am convinced that reform must come from this House. If it does, we have a chance of putting together a second Chamber that will stand the test of time.
My Lords, I am delighted to wind up for the Opposition. I, too, would like to pay tribute to the right reverend Prelate the Bishop of Lichfield, who made his valedictory speech. He has made a rich contribution to your Lordships’ House and he will be much missed in his retirement.
This has been an excellent, highly significant and encouraging debate. Of the many discussions that noble Lords have had about the future of this House, few have displayed such a unanimity of view on the need to constrain the size of the House, while enhancing our crucial scrutiny role.
The fact that the Government wanted to have this debate today and to postpone other important business suggests that they have been stung by the criticism of the latest list of appointments. Up to now, they have turned their face against substantive reform and rejected the widely supported proposal for a constitutional convention through which the whole future of the House of Lords would be looked at in the context of wider constitutional change. To noble Lords who hark back to the last Government and the ill-fated proposals of Mr Clegg, I say that the reason why they ultimately failed was that the Bill that was presented made no reference whatever to the relationship between an elected House of Lords and the House of Commons. That issue needs to be grappled with and the question of the respective powers of those two Chambers resolved. All the other issues that noble Lords have discussed concerning Scotland, Wales and devolution in general need to be looked at before we can hope to come up with any substantive proposal about the future of your Lordships’ House. That is why it is so important to have a constitutional convention. We remain committed to having one. My right honourable friend the Leader of the Opposition has appointed a specific Member to take forward our proposals on such a constitutional convention. I hope that reassures the noble Viscount, Lord Astor, about the continuity of policy in this important area.
Let us come to the question of size. Size is not everything. I take the point that the noble Lord, Lord Wakeham, made and I pay tribute to him again for his royal commission report—which was so sensible that, as he said, unfortunately the political process made sure that nothing would be done with it. I take his point about not talking down our achievements, but the threat of an ever-increasing size is now putting our reputation at great risk.
We have all looked at the outstanding work of Meg Russell. She has examined what the impact would be if the coalition policy were still in place relating to securing a second Chamber reflective of the votes of political parties at the preceding general election. The Leader of the House has made it clear that that was a coalition Government policy and that the Government have moved on from that. We have seen that the Prime Minister appears keen on further appointments, and we seem to have a new policy, enunciated in Singapore, that the second Chamber should match the make-up of the Commons. We know from Meg Russell’s work that eventually, this would lead to a House of more than 1,000 Members. I suspect that, unlike the last time we had over 1,000 Members, we would have 1,000 pretty active Members, which would become unsustainable. If you then take the point made by the noble Lord, Lord Pearson, and add seats for the minority parties, clearly you reach a ludicrous position.
The noble Baroness, Lady Hayman, talked about the public reaction to events over the summer, and there is no doubt that size has something to do with that reaction. We also know that many times under different Governments—too many times over the past few years—sensible incremental change has been postponed or rejected on the altar of substantive reform. However, substantive reform never came, and it ain’t gonna come any time soon. Therefore, the argument for making progress on the issue of size is persuasive and very clear tonight.
I am glad that the noble Baroness the Leader offered today to convene cross-party talks, including the Cross-Benchers. That is welcome, and Her Majesty’s Opposition are glad to take part. I hope she will respond to my noble friend Lady Taylor, who asked her to spell this out in a little more detail, and I am sure the House would welcome that. There is a great body of work to draw upon: that of the noble Lord, Lord Hunt of Wirrall; the work co-chaired so ably by my noble friend Lady Taylor; the work undertaken by the noble Lord, Lord Cormack, which he talked about; and as we know, the Lord Speaker has also convened a working party. We have heard some very interesting and wide-ranging proposals tonight. I do not agree with all of them, but surely the options and parameters are now pretty clear. The stage is set for progress.
I want to emphasise a point made by the noble Baroness, Lady Hayman. This will not work if the Government stick to the principle of the Prime Minister’s Singapore edict. One way or another, the noble Baroness the Leader of the House will have to make it clear that the Government have no intention of seeking anywhere near a political majority in your Lordships’ House. Agreement on a scheme to reduce the number of Members will have to be predicated on an agreement on the appropriate balance between the different parties and the Cross Benches, plus the level of discretion to be given to any Prime Minister after a general election. If you look at all the options proposed for reducing the size of the House—whether it is age retirement, activity level, length of service, election or a combination of all those—the question of balance cannot be ignored. That is clear from research done by the Lords Library.
If we look at the outcome of retirement at 75, 80 or 85, the results are different for each option with regard to party balance. On the elections option, I know that the hereditary Peers opposite, who went through it, think that life Peers ought to be made to suffer in the same way; I have always recognised that that is a factor. I gently warn the House of the consequences of elections: the risk is that those with independence of thought might be put at some disadvantage. I do not need to spell that out to politicians in this House; if I mention the terrible word “slates”, they will know what I mean. If elections is the chosen option, you will still have to decide how many seats each party and the Cross Benches are going to get, and to do so you will have to reach a long-term agreement; otherwise, it just will not fly. At some point, the noble Baroness the Leader will have to face up to that. There is no point in going into discussions about a scheme of reduction without knowing how it will work out as regards balance.
This is also tied in to the effectiveness of this House as a revising Chamber. The noble Lord, Lord Strathclyde, is right. Our reputation depends on the power of argument, and often we have very powerful arguments but, as he found when he was Leader of the Opposition, and as I found to my cost as a government Minister at the time, the power of argument is not half supported by the power of votes. My goodness me, he was very happy to use those votes. Our ability to revise legislation is in direct proportion to the House’s ability, within the widely understood conventions, to ask the Government to think again by passing amendments or by the Government making concessions because of the risk of being defeated. The noble Lord, Lord Naseby, was absolutely right on that point. Getting an appropriate balance is crucial to resolving the problems of size.
I end by saying that I am very proud to be a Member of this House. I am proud of what it does. I am proud of the fact that we improve legislation. I have no doubt whatever that we safeguard the public interest. In recent months our reputation has taken an awful knock. Every Member of the House has had to listen to comments made by friends, colleagues and members of the public, and frankly those comments have not been very kind. I thought the noble Lord, Lord Dobbs, was absolutely right. We have all been damaged. The noble Lord, Lord Norton, is right too. Size is much less important than function, of course, but size is harming the way people look at us. It is part of what my noble friend Lord Soley called the perfect storm. It is upon us. The ball appears to have been put into our own court. Surely we should now accept the challenge and run with it.
(10 years, 9 months ago)
Lords Chamber
To ask the Leader of the House what discussions she plans to hold on reviewing the governance of the House of Lords in the light of the report of the House of Commons Governance Committee.
My Lords, I discuss governance of the House in my meetings with the leaders of the other party groups, the Convenor, the Lord Speaker, the Chairman of Committees, the Clerk of the Parliaments and others, including the noble Lord himself, and will continue to do so. The report to which he refers will help to inform conversations on this subject in future.
My Lords, the noble Baroness will know that, among other recommendations of the Select Committee which have yet to be accepted by the Commons, it recommended that there should be a review of shared services between the two Houses and that there should be a drawing up of a medium-term programme towards a single bicameral services department. Does she accept that there is merit in providing joint services between the two Houses, provided that the House of Lords is an equal partner? Does this position of equality extend to discussions in future about the refurbishment of the estate?
The noble Lord is right to highlight in the report from the Commons committee a recommendation for us to explore the prospect of more shared services. I certainly support reviewing the scope for extending shared services between the two Houses when they would deliver greater value for money and lead to more effectiveness.
It would be premature for me to express a view on having a single department. Let us focus on what is possible and what would make sense in terms of us working together on those shared services. As the noble Lord rightly says, in any such arrangement, as exists already on shared services, the House of Lords must be an equal partner with the House of Commons.
(10 years, 9 months ago)
Lords ChamberMy noble friend makes an important point. I believe that the quality of government responses to reports is the most important thing. I also say to the House that the written responses to Select Committee reports are not the only way that we should judge how the Government are responding to inquiries undertaken by Select Committees. If you look, for instance, at the Mental Capacity Act inquiry, which was another post-legislative scrutiny report, that committee made some very important recommendations that the Department of Health has responded to and acted on. Some changes that are important to the people affected are now taking place.
My Lords, I notice that one of the responses that we are waiting for is on a report of the Communications Committee on broadcast general election debates, which was published on 13 May last year. Are we still awaiting the government response? The election is only a few weeks away, so I would have thought it would be timely for us to have a debate—or is the Prime Minister frit?
I think the noble Lord is stretching the point here. The report he highlighted as one that has not yet been responded to has not been raised with me. If the relevant committee wanted to raise that as a concern with me then clearly I would raise it with my colleagues in government.
(10 years, 9 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Trefgarne, would have made a very good shop steward.
It is a great pleasure for me to wind up for the Opposition and to congratulate my noble friend Lord Williams. He has stimulated a very high-quality debate. Turkeys we may be, but pretty erudite turkeys at that.
I support my noble friend in asking the Leader of the House to encourage discussions within the appropriate committees of your Lordships’ House on the issue of size and, by definition, retirements, but I should say from the Opposition’s point of view that any discussion about size and retirements cannot be divorced from equally important considerations about the balance of parties and Cross-Benchers in your Lordships’ House and any implications that might have for an incoming Government after May 2015. Nor can such a discussion be divorced from more substantive discussions about the future of your Lordships’ House.
I congratulate my noble friend on his ingenuity in suggesting essentially the use of Standing Orders to introduce a limit on the number of active Members of your Lordships’ House. However, I have reservations about that, as does my noble friend Lord Clark. I do not believe that it could be in the gift of this House, through Standing Orders and in the absence of legislation, simply to state that a certain number should be the limit. I also agree with my noble friend Lady Taylor in being concerned that my noble friend Lord Williams’s proposal, as enunciated, would lock in the current balance of this House into the next Parliament. That said, he has surely performed an invaluable function in stimulating an excellent debate.
Of course, many noble Lords—in both this debate and the corridors of the House of Lords—express concern about the growing size of the House. Yet a very full Question Time actually adds to the interest and intensity—as the noble Lord, Lord Cormack, said, certainly by implication, when he talked about the decision of Attlee and Churchill in relation to the size of the Commons. It is certainly true that in some debates speakers are given impossibly short periods of time, but those are a rarity. Overall, the House has responded quite well to the increase in numbers. I suggest that this is not so much a question of the size having an impact on the effectiveness of the House but rather more on our reputation.
Given the patronage power held by the Prime Minister of the day to determine the size and balance of the House, it is always likely to increase in size. The noble Lord, Lord Strathclyde, who was very much welcomed to our debate, welcomed new blood—particularly Tory new blood, because we have had rather a lot of it in recent years. I do not want to go back and repeat what noble Lords said about the coalition agreement stating that the size of the House should reflect the votes cast at the last election. We know from Meg Russell’s excellent work that, if fully implemented, that agreement would have meant that by the end of this Parliament we would have had more than 1,000 Members.
We know that, going forward, if you then take account of changes in the votes cast at the next election, the issues of minority parties and parties that have a reduction in the number of votes cast, that almost becomes the baseline by which you then judge how many seats have to be appointed for the other parties that have increased their votes. That is clearly a nonsense. I hope that the noble Baroness, the Leader of the House, will respond to that point. The particular reason that it is a nonsense is because there is no route for significant numbers of Members to leave the House. Until that is grasped and some kind of understanding is reached about what should be the appropriate balance between the parties and the Cross Benches, it will be very difficult to implement the kind of scheme that noble Lords want.
My party, as noble Lords said, is committed after the election to a constitutional convention that will look at the place of the second Chamber in the context of political reform throughout the United Kingdom. That is a much more considered approach than that of the party opposite and its recent headlong rush to foist an ill-thought-out policy on English MPs without a thought for the wider consequences for the integrity of the union. We have to consider these matters in the round.
Of course, on the assumption that the constitutional convention leads to a successful conclusion in relation to your Lordships’ House, followed by legislation and then implementation, it would clearly be a little time before the substantive change were actually to take place. There are lots of ifs in that journey, so I disagree with my noble friend Lord Maxton. There is a case for the House trying to deal with some of our immediate challenges in advance of that substantial change, if it were to come about.
I hope that the Leader of the House will be able to give some consideration to the points raised by the noble Lords, Lord Sutherland and Lord Forsyth, about procedures and the point raised by my noble friend Lord Foulkes about the role of the Speaker. Governance is another issue. We have just had a report from the Select Committee established to look at governance in the Commons. It suggested more joint working between the Commons and the Lords. At the very least, we should look at that to see how we might respond in a positive way.
Size is clearly another matter that we could discuss now in an interim period, assuming that substantive change will take some years to come. I already said that any agreement on a scheme to set a limit on the size of your Lordships’ House has to take account of an appropriate balance between the political parties and the Cross Benches. That is very important. The noble Lord, Lord Luce, said earlier that the House of Lords is an effective body. However, crucially, for it to be effective, Governments have to face defeat—or fear it —because in the end that is the only way that changes to legislation are made. There is no question that there is a difference between what happened from 1997 to 2010 and what has happened subsequently. The last Labour Government was defeated 528 times in 1,701 Divisions —some 31% of the total. We are now in a new position. With coalition government, it is effectively much harder for an Opposition to win votes. Therefore, the number of votes the Opposition win is less than 31%.
My point is that this is important, because unless Governments really fear defeat, the House of Lords cannot be effective as a proper revising Chamber. When I was a Minister, I knew that if the Opposition combined with Cross-Benchers on key points of concern about legislation, one way or another, we had to respond. Sometimes it would be toughed out through ping-pong, but more often we had to respond. That precious balance between the two Houses ensures the effectiveness of the second Chamber.
I say in conclusion simply that it is right to think about ways in which we can deal with the size of the House, but we must be very careful that in so doing we do not upset the precious balance between the two Houses and the role of the Government and the Opposition in your Lordships’ House. I am most grateful to all noble Lords who have spoken. It has been an excellent debate and we all look forward to the noble Baroness’s response.
When I say “right time”, I mean that it does not have to be all the time. Some of the rarest contributors can be the most valuable Members of this House if they exercise self-restraint, a point well made by the noble Lord, Lord Sutherland.
I am not going to comment on each proposal put forward today and I am certainly not going to rule anything out before there is an opportunity for proper consideration. The noble Lord, Lord Butler, urged me to take this matter seriously and I do, but I also say to noble Lords that we must guard against sounding too defeatist in the way that we speak about this House and the number of Peers who attend. Some noble Lords have used what I thought was rather colourful language, which I would not deploy myself, to describe this House. Right now we are doing a good job. We remain a strong and considered revising Chamber, one where a noble Lord, whether a Minister or a member of the Back Benches, will always have to make a compelling case to win an argument and the support of the House. The Opposition waste no opportunity to highlight that the Government have been defeated over 100 times during this Parliament, so I was a little surprised at the way in which the noble Lord, Lord Hunt of Kings Heath, represented what has happened over the past few years. The other point that is worth making is that in terms of the effectiveness of the contributions made by noble Lords in our debates—
Would the Minister not agree that coalition government changes the dynamic of the second Chamber? We can trade statistics but there is no doubt about it: the Government are winning more votes than the previous one did, and that is clearly because the two government parties together have a large majority over the Opposition. That was not the case under the previous Government. It makes a difference.
We do not have a majority because there are Cross-Benchers in this House, as the noble Lord knows well. The point that I was going to add was that we should not measure the effect of the contributions made in this House just by government defeats. A huge number of government amendments are made to legislation as a result of dialogue with noble Lords during the passage of legislation.
Clearly we cannot keep growing indefinitely, and that is one of the reasons why we have introduced a massive change in this Parliament: Peers are now able to retire permanently. That change reinforces our ability to give the public confidence in the laws that Parliament makes. Just as we should expect Members to contribute on occasions when they are especially well placed to do so, so we are now able to support noble Lords who wish to retire when they feel that that is no longer the case for them. Some noble Lords have argued against an age limit; some, like my noble friend Lord Naseby, have spoken in support of one. Consideration about retirement is not just a matter of age; it is also a matter of contribution, a point made by those speaking today.
I am not here to prescribe how or whether a contribution can be specified, because retirement is a deeply personal decision. We were all moved by Lord Jenkin’s valedictory speech, and I am pleased that the noble Lord, Lord Blair of Boughton, quoted from it today. However, if we focus on the purpose of the House of Lords and are committed to increasing our effectiveness as an unelected Chamber, we should be able to support each other in deciding when it is time to retire.
I turn to some of the points that noble Lords made about the need for restraint in new appointments. As has been acknowledged, the Motion of the noble Lord, Lord Williams, focuses on attendance, not appointments. That said, the Prime Minister has indeed exercised his prerogative power to recommend appointments in a restrained way. I dispute what the noble Lord, Lord Berkeley of Knighton, said, not least because my noble friend Lord Strathclyde asked me to confirm whether there are only 34 more Members on the four main Benches than there were in 2007. That is incorrect. In the light of the retirement of Lord Jenkin, today the number is 33. It has gone down.
The idea of a moratorium on appointments was put forward by some noble Lords. As I have already said, and this has been supported by noble Lords today, it is right that there continue to be new appointments to this House so that we may bring fresh views and perspectives to our work. The noble Lord, Lord Hunt of Kings Heath, referred to vote share and the coalition agreement. That was in the coalition agreement. It is and has always been a general aim, not a mathematical equation, but it is worth pointing out that during this Parliament the Prime Minister has appointed 47 Labour Peers as well as Conservative and Liberal Democrat Peers.
Some noble Lords raised questions about the pressures on our practices, procedures and resources. Of course we should try to mitigate them. On specific matters of procedure and practice, I set out my views in some detail during the short debate last month led by the noble Lord, Lord Foulkes, so I shall not repeat them, except to say that I disagree with him about the role of the Lord Speaker. I believe that it is important that we properly respect and uphold our self-regulating nature because it is again about being different from the Commons, and the fact that we are different adds value to what happens in the parliamentary process.
I understand that the noble Lord, Lord Williams, has spoken to the chairman of the Procedure Committee, who has indicated that he is willing to provide the undertaking that the noble Lord is seeking, namely that that committee should consider the issue he has raised with a view to reporting back to the House. I think that that is an appropriate next step as part of an ongoing discussion. My noble friends Lord Strathclyde and Lord MacGregor, the noble Lord, Lord Butler, and others suggested an options paper by the Clerk to inform the discussion of the Procedure Committee. A range of ideas has been put forward today by my noble friends Lord Jopling, Lord MacGregor and Lord Wei, the noble Baroness, Lady Taylor, the noble Lord, Lord Richard, and others, so there is quite a lot to feed in to any discussion that may take place in the Procedure Committee. I would like that discussion to be informed by our purpose of ensuring that there is public confidence in the laws of the land and in what Parliament decides and to consider how we can be clear about what we expect from each other in contributing to that purpose.
I want to be specific in response to any suggestion that taxpayers’ money might be made available to encourage Members to retire. That remains very much a red line for me. That is not something that I want to support at all, for the reasons that other noble Lords have given today. The noble Lord, Lord Clark of Windermere, asked about mechanisms, and the noble Lord, Lord Williams, was clear when he said that any mechanisms that we consider will be voluntary.
My noble friend Lord Cope is right that our powers to self-regulate go far, but they do not override Her Majesty the Queen’s power in the Life Peerages Act to create peerages for life with rights to sit and vote or the Prime Minister’s right to put forward to Her Majesty recommendations for appointments. However, while I am on the matter of regulation, I can respond to the noble Lord, Lord Faulkner of Worcester, who asked about legislation to accelerate the appointment of women Bishops. A government Bill on that had its First Reading in the Commons just before Christmas, so that is proceeding.
(10 years, 11 months ago)
Lords ChamberMy Lords, I thank the Leader of the House for repeating the Prime Minister’s Statement in the other place. I join her in expressing horror and revulsion at the barbaric murder of US aid worker Peter Kassig. Once again, this is a demonstration of ISIL’s evil ideology against innocent people. Our thoughts go out to his family at this terrible time. It reinforces our determination to defeat ISIL.
I will turn to the situation in Ukraine. The ceasefire agreed in September is extremely fragile and there are recent reports, confirmed by the OSCE, of further Russian military vehicles crossing the border. The noble Baroness reported on the Prime Minister’s meeting with Mr Putin. Does she think enough is being done to send a clear message to Russia about its aggression and to support President Poroshenko’s Government? Under what circumstances will the UK be pushing for further sanctions against President Putin and Russia? We are all aware of the way in which a conflict such as the one in Ukraine can generate headlines for a few weeks then be forgotten. This must not become a forgotten conflict.
I turn to the issues raised on the formal G20 agenda. As with any summit, the task is to turn good intentions into concrete measures. Tax avoidance is a problem which affects rich and poor countries alike. In June 2013, at the G8 summit, the Prime Minister promised that all UK Crown dependencies and overseas territories would produce registers on the real owners of shell companies. We are 17 months on from that summit: will the Leader of the House give an update on progress? This weekend, the G20 repeated the G8’s commitment that developing countries would have a place at the negotiating table, as part of the process to reform global tax rules. Can the noble Baroness say what progress has been made 18 months after the G8?
On climate change, I agree with her on the welcome steps on carbon emissions made by President Obama and the Chinese President last week. I also welcome the agreement to support the climate fund designed to help with the effects of climate change. When will the UK be announcing our contribution? Can the noble Baroness explain the delay in doing so? What is she doing to bring more sceptical countries with us for an ambitious agreement in Paris next year, not to mention the more sceptical noble Lords who sit behind her?
On the Ebola crisis, I welcome the UK’s role as the second-largest donor in helping tackle this potential threat to people, not just in west Africa but across the world. The G20 conclusions were short on specific commitments from other countries. What does the noble Baroness think we can do further to encourage other countries, including those in the EU, to ensure we tackle the crisis with aid, equipment and—especially—health workers?
Finally, I turn to the G20 conclusions on global growth. Today, the Prime Minister told us that there are red lights flashing in the global economy. This is what is known as getting your excuses in early. The Prime Minister used to tell us that the problems in the British economy were all to do with the British Government and nothing to do with international factors. Now he wants to tell us that, on his watch, they are all to do with international factors and nothing to do with the British Government.
Is it not true that, even before the Prime Minister went to Brisbane, we already knew his export target was off track and that the trade deficit is the highest it has been for 25 years? Before he went to Brisbane, he knew that Britain’s productivity had stagnated on his watch and that average families are £1,600 per annum worse off. The Prime Minister has gone from saying that everything is fixed thanks to him to saying everything is not fixed but it is nothing to do with him. He should have been listening all along to the British people, who see deep problems in an economy that is not working for them. Is it not time that the Prime Minister stopped blaming everybody else for an economy that is great for a few people at the top but is not delivering for most working people?
(11 years, 1 month ago)
Lords ChamberMy Lords, I am grateful to the noble Baronesses the Leader of the House and the Lord Speaker for readily agreeing to the recall of your Lordships’ House on such an important day. I also echo the thanks of the Chief Whip to the staff of the House and congratulate him on his appointment.
My right honourable friend the leader of the Opposition has made it clear that the Opposition will support the government Motion concerning military action against ISIL in Iraq. We do so on the basis that this is not about ground troops from the UK or UK military action elsewhere, as the noble Baroness has made clear. It is a mission aimed specifically at ISIL.
It is important we understand that ISIL is not simply another terrorist organisation. We have seen its hostage-taking, including innocent British and American citizens, the murder of David Haines and the holding of other British hostages. It is not just British citizens who are being threatened, but people from many different backgrounds, countries and creeds. The accounts we have heard of the actions of this organisation are chilling, and they are often taken against Muslims. As leading British Muslim scholars and imams wrote recently, ISIL is perpetuating,
“the worst crimes against humanity. This is not Jihad—it is a war against all humanity”.
ISIL’s ideology has nothing to do with the peaceful religion practised by people across the world and by many in our country.
It is always a heavy responsibility that falls to us as we decide whether to commit UK military forces, particularly when we are doing so in the absence of a threat to us by another state. When we have considered military action in previous debates in the House, the Opposition have set out criteria by which to assess the case for action. I return to those criteria today.
First, there is a need for just cause in any action we take. We believe that ISIL establishes this case on the humanitarian grounds I have already set out, and on the grounds of national interest. The international instability that will be created by the overthrow of the democratic Iraqi state would clearly have implications for the stability of the region and therefore for the United Kingdom. That includes the possibility that Iraq will become a haven and training ground for terrorism directed against the UK.
Secondly, military action must always be a last resort. Again, we believe this criterion has been met. ISIL has shown that it is not an organisation that could or should be negotiated with. However, any military action must be accompanied by political, diplomatic and humanitarian action against ISIL, including strengthening an increasingly inclusive and democratic Iraqi state. That work is under way. However, to make the political, diplomatic and humanitarian action possible, there must be military action to contain and help to counter the threat of ISIL in Iraq.
Thirdly, there must be a clear legal basis to provide legitimacy and legal force to our actions. As I have said, we support the Motion because we will be responding to the request of a democratic state in Iraq, fighting for its own survival. I believe that the legal case is clear and I echo the comments of the noble Baroness the Leader.
Fourthly, we must believe that there is a reasonable prospect of success before we take the grave step of committing our forces. Therefore, we need to be clear about the aim of the mission, which is to reinforce the democratic Government of Iraq, and to prevent the advance and help to roll back ISIL at the invitation of that democratic Government by using international military air power while the Iraqi army and the Kurdish Peshmerga conduct a ground campaign against ISIL. That is why it is right that the use of air power is accompanied by training and resources to support their efforts. Nobody should be in any doubt that this is a difficult mission and that it will take time, but there is already evidence that the US action is having the effect of holding back ISIL.
The fifth criterion is that there must be broad support in the region for reasons of both legitimacy, because this action must not be seen as a new form of imperialism, and effectiveness, because regional support is essential to the long-term success of the mission. At the end of August the Arab League made a statement calling for comprehensive measures to combat ISIL, and we now see a regional coalition of Jordan, the UAE, Bahrain, Saudi Arabia and Qatar, as well as many other countries.
Finally, the proposed action must be proportionate. We must make sure that innocent civilians are protected. The Opposition welcome the assurances that we received in this regard, including concerning the need, as always, to do everything possible to avoid civilian casualties.
Having scrutinised these six conditions—just cause, last resort, legal basis, reasonable prospects, regional support and proportionality—we believe that they have been met. However, there are also a number of reasons why Britain should act and not stand by. We have been asked to help by the Iraqi Government. Our traditions of internationalism have always meant that we reach out and help others in need. A decision not to join would be a decision not to use our military capability to assist those in desperate need.
As the noble Baroness the Leader said, this is different from 2003. This case is about supporting a democratic state. There is no debate about the legal basis for action in Iraq. There is no argument about whether military action is a last resort, because surely nobody, whatever their view on the Motion being debated in the other place, can argue that there can be negotiation with ISIL. There is broad international support, with all 28 EU member states and the Arab League providing support in one way or another. This is multilateral action prompted by a legitimate democratic sovereign state.
There is no graver decision for our Parliament and our country, but protecting our national interests, security and the values for which we stand is why the Opposition will be supporting the action set out in the Motion being debated in the other place.