European Council

Lord Hunt of Kings Heath Excerpts

Monday 10th March 2014 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I thank the noble Lord the Leader of the House for repeating the Statement made by the Prime Minister in the other place. I join him in expressing deep concern about the situation in Ukraine. Since this matter was discussed last week, we have seen an illegal referendum announced in the Crimea, OSCE observers prevented from crossing into the region by Russian forces for four days running and, yesterday, violence on the streets against anti-Russia demonstrators.

We support the twin-track approach of encouraging dialogue and, at the same time, maximising pressure on the Russian Government. However, no one looking at the unfolding situation on the ground would conclude that this is yet having the desired effect. It is on that basis that we should examine the discussions taking place, the outcome of the EU summit and the steps that should be taken in the days ahead. Of course, getting agreement among the EU 28 is always difficult, particularly when a number of member states are vulnerable to Russian action on issues such as energy. However, as we agreed last week, this is a test of EU resolve and of its commitment to uphold the rule of law, democracy and human rights—values that it prides itself upon as an institution.

I would like to ask the noble Lord the Leader of the House about the Prime Minister’s talks with the German Chancellor. I welcome the proposal for a contact group involving President Putin and the Ukrainian Government. Does the noble Lord agree with me that Russian co-operation in the establishment of this group is an absolutely necessary, though not sufficient, signal of its willingness to resolve the crisis by diplomatic means? I welcome the things that were agreed at the EU summit. These include the unity of the EU in condemning Russia’s actions and the decision to provide support and encouragement to the Ukrainian Government, including €11 billion of aid.

The Prime Minister also made reference to the suspension of both visa talks and a new agreement on EU-Russia relations. These are welcome although they had already been announced on 3 March before the further developments had taken place that I referred to at the start of my remarks. Does the noble Lord therefore accept that the evidence from recent days suggests that these measures alone will be insufficient to get Russia to change course and that further action will therefore be required?

Turning to what more needs to be done, I welcome the European Council’s decision to look at further measures, although the agreed language is weaker than we would have wished in that the communiqué merely committed to “take forward preparatory work”. I welcome what the noble Lord said about asset freezes and travel bans. Will he confirm that there will be a timeframe of days, not weeks, for their implementation, particularly given that the United States is already committed to action on this?

On the EU-Russia summit, unless there is an immediate change of course by the Russian Government, surely at the very least it makes sense to suspend preparations, as has already been done for the G8 summit. Beyond this, we welcome the Prime Minister’s Statement that we need actively to look at other measures. I urge the Government in the days ahead to build support for further measures among our European and other allies to prepare for the eventuality that they may be required. Specifically, if Russia does not change course, will the noble Lord confirm that the Government will consider working with the G7 to suspend Russia from the G8, something that the Prime Minister specifically called for at the start of the crisis in Georgia?

Following the announcement that the UK Government are reviewing every outstanding arms export licence to Russia, will the noble Lord confirm the timescale for the conclusions on this issue? Will he say what scope he believes there is to get an EU-wide agreement on the issue of arms exports? Will he confirm not only that the Government are open to wider economic and trade sanctions but what the circumstances are in which he thinks they would be required? Will he specifically confirm whether he would regard it as an appropriate response to Russia using the referendum to tighten its grip on the Crimea? This would clearly represent a major step and should not be done without consideration of consequences, but does he accept that it may be necessary if we do not see the change of course that is needed from Russia?

Let me say in conclusion that we should continue to use all possible channels to facilitate dialogue, encourage the Ukrainian Government to be as broad-based as possible and recognise the constraints on the Prime Minister in seeking to reach EU-wide agreement. However, we urge the Government, particularly as we approach the referendum in Crimea, to apply maximum influence on our allies so that, in turn, maximum pressure can be applied on the Russian Government. Hesitancy or weakness on the part of the EU about its response will send the wrong message. The UK has a vital responsibility in making sure that that does not happen and that, instead, the EU and the US stand together in clear and united resolve. The Opposition will provide the Prime Minister with all the necessary support as he seeks to achieve this.

House of Lords: Size

Lord Hunt of Kings Heath Excerpts

Thursday 12th December 2013 Lords Chamber

[Lord Tyler (LD)]

My Lords, I congratulate my noble friend Lord Norton of Louth on this very timely debate. He and I gave evidence to the Select Committee of the other place that looked at this issue, and I shall briefly refer to its report because it was rather useful for people outwith this House to look in, although it has to be said that very many distinguished Members of this House gave evidence to that committee. My noble friend referred to some of the issues looked at—for example, the proposal that there should be legislation to expel Peers who have been convicted of a serious offence. I do not think that reform would produce a serious decrease in the size of the House; I would hope not.

The committee recorded strong agreement that action should not be taken in two areas: first, in relation to the introduction of a long-term moratorium on new Peers, and secondly, in relation to the introduction of a compulsory retirement age. It specifically said that it did not think either of those things were appropriate or would receive proper support in either House. The committee went on to say that there seemed to be some widespread support for no longer replacing hereditary Peers in the House of Lords when they died. That has proved very contentious in this House, so maybe there was a certain naivety at the other end of the building on that issue. On the other hand, the committee quite sensibly pointed out that tackling the issue of persistent non-attendance is by definition not particularly useful in dealing with problems of overpopulation in this House. It is a classic non-solution. Finally, it said that it thought that the evidence about introducing fixed-terms appointment for Peers suggested that it would prove to be just as controversial as some of the more major reforms that both Houses have been looking at in recent years.

The chairman of that Committee, Mr Graham Allen MP, said in introducing the report:

“Establishing a consensus about the principles that should determine the relative numerical strengths of the different party groups in the House of Lords, and for codifying such principles, is probably the most contentious of all the issues we considered in this inquiry, but it is also the most crucial to any further progress. We call upon the Government and political parties in the Lords to set out their positions on this matter and to engage in dialogue that will establish a consensus before the next General Election, so that both Houses can act upon an agreed reform”.

My noble friend the Leader of the House may be able to respond to that challenge. I was disappointed that the committee did not see fit to take evidence from my noble friend because on a number of occasions in this House he has given a very effective, robust and rigorous analysis of the issue of active membership of this House, which is not fully explored in the Library note, which is otherwise excellent.

The search for consensus is fascinating in politics, not least in this building. My very good friend Dr Chris Ballinger of Exeter College, who has given evidence to a number of committees, said recently that,

“seeking a perfect reform through consensus is a fast track to inertia”.

I suspect that is where we are again today. Already we can see that Dan Byles’s Private Member’s Bill, which has now come to our House and is based on the previous Bills introduced in this House by my noble friend Lord Steel of Aikwood, whose Bill was passed by this House, and the noble Baroness, Lady Hayman, is likely to be squeezed out in the current Session by the Conservative high command’s insistence on giving precedence to the European Union (Referendum) Bill. Is there really a chance of making progress in this Session—I doubt it—or the next Session, a few months before a general election? Presumably we can now confidently assume that all three major parties will reiterate their previous and repeated manifesto commitments to full reform of this House. It would presumably be perverse if Labour failed to commit itself to legislation which incorporated all the main features of Jack Straw’s White Paper of July 2008, including specific recommendations on the transitional, steady reduction in the size of the House. I am delighted to see the noble Lord, Lord Hunt of Kings Heath, in his place this afternoon. He was not only a crucial author of those proposals; I think that he was really the godfather—I mean that in the nicest sense, not the Italian sense.

[Lord Hunt of Kings Heath (Lab)]

I just say to the noble Lord that I continue, with him, to seek consensus in this matter.

[Lord Tyler]

We may both of us lose more hair before that happens; even so, I welcome his support.

There was in both Jack Straw’s White Paper and the Bill a specific, careful, planned reduction in the size of the House. Can we expect those proposals in the Government’s 2012 Bill to see the light of day again? There is a mystery here. I heard just recently in your Lordships’ House a distinguished Member—indeed, a distinguished former Member of the other place—say that the Government’s Bill had been defeated. Not so: that is a myth. It was not defeated. On 10 July 2012, the House of Commons gave the coalition government Bill a record majority at Second Reading of 338 votes. Even more significantly, there was a substantial majority of supporting MPs in all three major parties: 193 to 89 Conservatives; 202 to 26 Labour; and 53 to zero Liberal Democrats.

As we all know, the Labour leadership, understandably perhaps, refused to support a programme Motion—any programme Motion—so the Leader of the House had to announce that no progress could be made. The Prime Minister sought agreement to press on but failed to achieve it. The Bill was pulled, not defeated. Indeed, had Labour not sacrificed its principles and manifesto promises on the altar of temporary expediency, there would now be a reform Act, or one on its way, as a result of the Parliament Act. The problem of the long-term size of the House would have been solved, but by the votes of our fellow citizens rather than by the contrived patronage or blackballing of party bosses.

We can all speculate about the outcome of the next general election in May 2015. Maybe there will be a dramatic swing to the right. Maybe it will end up with a coalition between UKIP and the Conservatives, but I think that that is unlikely. It therefore seems to me that in May 2015, which is not that far ahead, the noble Lord, Lord Hunt and I may well see a consensus in the other place that we should make progress on a Bill with that considerable support. This problem, so well identified by my noble friend Lord Norton of Louth, may therefore be on its way to a solution, not because of what the parties say but because of what the people say.

Winston Churchill was once a great Liberal—some people think that he lost his way later on in life—and at one point he said, “Let’s trust the people”. I think that that would be my position.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, I, too, welcome the debate and particularly thank the noble Lord, Lord Norton. We are indeed fortunate in having such a constitutional expert as a Member of your Lordships’ House. As the noble Lord, Lord Cormack, said, while I do not always agree with all the emanations from the group that the noble Lord, Lord Cormack, chairs, there is no doubt that it has added very much to our knowledge and enabled us to debate some of the very important issues that we must when it comes to reform of your Lordships’ House.

I tend to agree with the key point made at the beginning by the noble Lord, Lord Norton, that your Lordships’ House has grown, is growing and ought to be reduced. I think I share the following point with a number of noble Lords: while the size of the House is important, much more crucial is the question as to whether it is effective in acting as a check on the Executive and as a revising Chamber, and in adding to the effectiveness more generally of parliamentary scrutiny.

As ever in your Lordships’ debates, most noble Lords who asked that question have tended to come to a view in the affirmative. Of course, we all understand the strengths of your Lordships’ House but we ought to examine its effectiveness in the context of the impact of coalition government. We have a situation where the coalition parties in your Lordships’ House have a political majority over the opposition. I would argue that that threatens the effectiveness of the House. I know that the noble Lord, Lord Hill, when he comes to wind up will refer to the defeats that his Government have suffered here but the rate of defeat is much less compared to the period of 1997 to 2010. I know that it is a little early to draw conclusions from the impact of the latest appointments to your Lordships’ House but, certainly from this side of the House, it would appear that the Government are able to win votes which in normal terms they would not have done. The problem with that is that if a Government are no longer able to be defeated in your Lordships’ House on a regular basis, this can no longer call itself a revising Chamber. We need to consider that very carefully.

I also agree with the noble Lord, Lord Maclennan, on substantive reform in the sense that we surely need to see the outcome of the referendum in Scotland and any constitutional fallout from it. Substantive reform of your Lordships’ House cannot be considered in isolation from either wider constitutional issues or the impact on the primacy of the Commons. At the risk of tempting the noble Lord, Lord Tyler, to get up and remind me of my past sins, in the joint working group chaired by my right honourable friend Jack Straw—the noble Lord is right that I served on that, with its cross-party talks—there was a failure, which the Deputy Prime Minister repeated, even to contemplate how an elected second Chamber fits with a House of Commons when there is a pretty consensual view that we wish to retain its primacy. That failure, in my view, led to the failure of Mr Clegg’s Bill. In the end, that was a failure; it was quite clear from what was happening in the other place that it did not stand an earthly chance of getting through.

The question of size was discussed by the committee of the noble Lord, Lord Hunt, on which I had the honour to sit. It came up with a proposal to allow Members of your Lordships’ House to retire and it has been enormously successful, as noble Lords will know. I think we have not quite yet reached double figures but one is ever hopeful. The Hunt committee said that the problem with an ever increasing size is that it risks the reputation of the House, that it probably makes conducting business more difficult and that the effect of the additional Members on the resources of the House and its ability to do its job would also be adversely affected.

We are right to ask the noble Lord, Lord Hill, the Leader of the House, what the Government’s intention is with regard to any further appointments between now and the general election. Are the Government intent on implementing what was in the coalition agreement or have they stood back from that commitment? Does the Leader of the House accept that the general view of Members of your Lordships’ House is that there should be very few appointments between now and the general election? Does he agree with the noble Lord, Lord Norton, that there ought to be a cap on membership, and will he institute cross-party discussions as suggested by the noble Lord, Lord Tyler? The noble Lord, Lord Cormack, suggested that there might be a Select Committee of your Lordships’ House and there is an argument in favour of the political parties and the Cross-Benchers discussing these matters in a small group or in a more formal Select Committee. It would surely be useful, in the run-up to the election, for there to be some discussions across the House.

Does the noble Lord, Lord Hill, agree that if the size of the House is limited, in the end there have to be questions as to how to achieve a party balance? It is not possible to have a cap without some general agreement on how the parties should be balanced in your Lordships’ House. That would also need to reflect on Cross-Bencher representation and on the number of Bishops who should remain in your Lordships’ House in the event of such agreement.

Does the noble Lord, Lord Hill, take the point raised by the right reverend Prelate the Bishop of Leicester that if we see women bishops, as many of us devoutly hope, will there be a way of accelerating them to membership of your Lordships’ House? I am not sure whether this is a question of law or of practice, but no doubt the noble Lord will be able to inform us of that.

My next point is one that was raised by the noble Lord, Lord Norton: what advice would the noble Lord, Lord Hill, give to an incoming Government in 2015 faced with a political majority against it? How many noble Lords does he think an incoming Government ought to appoint if we are to keep to the mantra that he has stuck to over the past three and a half years? I must say that I rather warmed to the reference by the noble Lord, Lord True, to Tony Benn’s 1,000 Labour Peers; that has a certain ring to it.

I want to ask the noble Lord, Lord Hill, about time and the question of whether a fair wind will be given to the noble Baroness, Lady Hayman, on the assumption that she takes through Mr Dan Byles’s Bill. I was rather shocked by the suggestion from the noble Lord, Lord Tyler, that the time taken for the European Union (Referendum) Bill might crowd out Mr Byles’s Bill. I do not think that that would be the will of the House; I think that the will of the House would be that the noble Baroness should be given a fair wind.

Lastly, I want to ask the noble Lord, Lord Hill, about finance. I have been riveted by the debate on the recommendations of IPSA regarding MPs’ pay, but I noted the Prime Minister’s comment that he wished to see the cost of politics reduced. Although I accept that the costs of your Lordships’ House are rather modest compared with the other place, I wondered whether the noble Lord thinks that the Prime Minister making all these appointments is consistent with wishing to reduce the actual amount that our politics cost us.

House of Lords: Size

Lord Hunt of Kings Heath Excerpts

Tuesday 19th November 2013 Lords Chamber

[Lord Hill of Oareford]

I am keen that we should have alternatives to the Grim Reaper. I shall certainly keep an eye on progress. The whole House will share my gratitude to my noble friend Lord Steel for his persistence in taking forward these issues. Therefore I am pleased, as I know he will be, that, following representations from a number of people, not least himself, the Government’s position has moved to one of support for the Private Member’s Bill sponsored by Dan Byles. The whole House will welcome that. It will deliver the benefits to which my noble friend referred.

[Lord Hunt of Kings Heath (Lab)]

My Lords, has the noble Lord read the study by UCL that shows that if the Government go ahead with their intention to rebalance the Lords according to the votes cast at the most recent general election, the size of this House would reach 1,200 or more? That would be a nonsense. Will the noble Lord reassure the House that no more political appointments will be made to your Lordships’ House until the next general election?

House of Lords: Membership

Lord Hunt of Kings Heath Excerpts

Thursday 28th February 2013 Lords Chamber

Moved by

[Lord Hunt of Kings Heath]

To move, as an amendment to the above motion, to leave out from “that” in line 1 to the end and insert “this House affirms the recommendation in paragraph 67 of the First Report of the Leader’s Group on Members Leaving the House, chaired by Lord Hunt of Wirral (HL Paper 83, Session 2010-12), that “restraint should be exercised by all concerned in the recommendation of new appointments to the House”; and calls on Her Majesty’s Government to support proposals, in line with legislation passed by this House, to.

(a) allow members of the House to retire permanently from the House;

(b) provide for the exclusion from the House of any member who does not attend the House during a Session save where that member has leave of absence in respect of the Session in accordance with Standing Orders of the House, or where a Session is less than six months long; and

(c) provide that a member who is convicted of a serious offence and sentenced to a term of imprisonment of more than one year shall not attend the sittings of the House.”.

[Lord Hunt of Kings Heath]

My Lords, in moving my amendment to the Motion of the noble Lord, Lord Steel, I mean no criticism of the noble Lord. Indeed, I—and, I am sure, all Members of the House—are grateful to him for his determination to bring this matter back to your Lordships time after time.

The substantive point, surely, of what the noble Lord has said is that we have a pressing issue today concerning the size of the House, appointments and recruitment. We need to deal with this matter now, rather than let many more years go by before we engage, as the noble Lord has said, in sensible housekeeping.

The failure of Mr Clegg’s substantive Bill on reform surely means, as the noble Lord has said, that it will be a matter of years before a substantive proposal for reform could be put into practice. Indeed, if one took the proposals of the current coalition Government and those of the previous Government, it would be 2020 even if a substantive Bill were presented and passed after the next election—both of those being subject to some uncertainty given the history of Lords reform over 100 years.

We need to make progress on incremental, sensible changes to your Lordships’ House. I detect a real consensus for some progress to be made today. We are already experiencing considerable tensions as a result of our size. We have had the proposals from the Chairman of Committees, speaking for the Privileges Committee, on reforming the system of Oral Questions because of the problem of the number of Peers wishing to ask them. Often noble Lords are not even able to get into the Chamber for Question Time, which is surely much of the focus of our daily activity.

It is disturbing that there are rumours around this place that the Government intend to appoint dozens more new Peers in the next few days or weeks. I am sure that the noble Lord the Leader of the House will point to the coalition agreement. The noble Lord, Lord Steel, has also referred to it. We were certainly not party to any such agreement before the last election. I am mindful of the paper from Meg Russell, the distinguished academic from UCL, who wrote in April 2011 that the objective of a House of Lords membership that is proportional to general election vote share is unrealistic. She said then that it would require the appointment of, at a minimum, 269 new Peers, and that this would have disastrous consequences for the operation of the Chamber, would be unpopular with the public and would be a foolish and unsustainable course to pursue. It if were continued as a principle at every subsequent general election, the size of the House would spiral ever upwards unless some mechanism for removing Members were also adopted.

I understand that there clearly is a need for fresh blood to be introduced into your Lordships’ House from time to time. I certainly also understand that if the coalition Government were finding that their core legislative proposals were not able to get through your Lordships’ House, their case for making more appointments would be stronger. However, that is not the case. The coalition is winning most of the votes that take place. My understanding is that, in this Parliament so far, the Opposition have won about 22% of the votes. That compares to the Opposition winning about 30% of the votes against the previous Government. Even from the Government’s point of view, it is difficult to see the argument that they need a huge number of new Members because of difficulties in the process of getting their legislation through.

[Lord Dykes]

Is the idea of large numbers coming in even not more reprehensible when a very high incidence of those would be financial donors from the business community, which is tantamount to giving bribes to political parties to become Members of this House?

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, that is certainly a point of view. However, I am hoping today that the House might adopt a rather consensual view because I sense that, whether we come from one of the parties or from the non-aligned or Cross Benches, there is a genuine concern about the need to sort out issues to do with the size of the House and retirements and appointments. I will therefore desist from responding to the noble Lord’s intervention.

The Leader of the House enjoys enormous respect here and rightfully so. I ask him to take note of this debate, put aside further large-scale appointments to the House, and work with others in the House to suggest a sensible way forward that deals with the issues raised by the noble Lord, Lord Steel. The fact that rumours of large-scale appointments have been with us for many months suggests that the Government know it is not the right thing to do.

The sentiments behind the Motion in the name of the noble Lord, Lord Steel, are perfectly understandable and I am most grateful for his acknowledgement that he is prepared to support my amendment. I put my amendment down because I did wonder whether it was right for the House to seek to prevent the introduction of new life Peers who had already been appointed by the Queen on the advice of the Prime Minister. As the noble Lord, Lord Steel, has such a distinguished pedigree, I did wonder what Mr Asquith would have made of his Motion, given that, with the King’s approval, Mr Asquith threatened to flood the place with new Members if the House resisted the Parliament Bill in 1911. At that time the House agreed to let it through. I wonder what Mr Asquith would have made of the Motion of the noble Lord, Lord Steel, if their Lordships had prevented the flooding of the House in that period. I am also aware that the noble Lord has received a letter from the chairman of the Appointments Commission, the noble Lord, Lord Jay of Ewelme, who is concerned that if the Motion were to be put into effect Cross-Bench appointments would not be allowed to take place.

We all agree with the sentiment behind the noble Lord’s Motion. My amendment deals with these matters in a sensible way. Above all else, this is not about politics but is an attempt to achieve consensus and to recognise that many Members of your Lordships’ House wish to see progress made. It is an indication to the Government that they need to desist from making large-scale appointments at a time when the House is already full. I beg to move.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I am always in favour of people knowing about the things that they are talking about. I always listen with great care to what my noble friend Lord Elton says.

[Lord Hunt of Kings Heath]

My Lords, I shall respond very briefly. I welcome the willingness of the Leader of the House to seek advice from Members of your Lordships’ House. He is a fresh pair of eyes and we very much look forward to working with him. I also very much support his work in trying to encourage Members who perhaps are not as active as possible to participate more in the future. Ultimately, though, I was disappointed with his response. He started to trade statistics and there always seems to be a risk in doing so. My general conclusion is that whatever Government are in power, in general and over time that governing party will tend to see an increase in the number of seats they hold in the House of Lords. I certainly agree that we need fresh blood form time to time, and I actually agree that restraint has been shown so far. As the noble Lord, Lord Elton, said, the issue is the future. The rumours which have been around this House for quite a long time now are that the Government want to make a very large number of new appointments in the next few weeks or months. Above all, I hope that the noble Lord will consider this. The plea of restraint is very much directed at those future appointments.

The noble Lord, Lord Cormack, and the noble Baroness, Lady Hayman, helpfully reminded the House of my own views on Lords reform. I was hoping that my noble friends behind me might forget that, but they are right—I have consistently voted in favour of an elected House. However, the Leader of the House essentially says that because the Commons voted at Second Reading for Mr Clegg’s Bill, that means that it would be wrong to put to them proposals for incremental housekeeping. As someone who favours an elected House I strongly refute that. First of all, that Bill did not go through. Secondly, under the proposals of Mr Clegg, or indeed those of my right honourable friend Mr Straw, if a party pledged an elected House of Lords and that party came into power in 2015, the first element of elected Members would not come to your Lordships’ House before 2020. That is seven years away. For the Leader of the House to say that no useful housekeeping or incremental change can take place before that moment is a matter of regret. I think that is the implication of what he said.

I do not think that we can wait. We need to indicate to the Government that sensible change ought to happen as soon as possible and say that we very much hope that restraint will be exercised in the appointment of new Members. It is important that the House has a way of indicating its support for those intentions, so I will put this to the vote.

Mid Staffordshire Foundation Trust Inquiry

Lord Hunt of Kings Heath Excerpts

Wednesday 6th February 2013 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I thank the noble Lord the Leader of the House for repeating the Prime Minister’s Statement and also for the tone that he has adopted in repeating the Statement. I remind the House of my health interest in the register.

The NHS represents the best values of this country, but what happened at Stafford was an appalling betrayal of those values. We all place trust in the National Health Service. We expect hospitals to be places of the utmost compassion and the highest standards of care. However, at Stafford patients became victims, left lying in soiled sheets, with untreated bedsores, desperately calling for help, but with no response. Relatives who pleaded for assistance were ignored or even made to feel intimidated. I join the noble Lord the Leader of the House in paying tribute to all those former patients, relatives and staff who came forward to speak out, including those who gave evidence to this and to previous inquiries. I also thank Robert Francis for his work on this and his previous inquiry.

What happened at Stafford was not typical of the NHS. Day in, day out, the vast majority of those who work in the NHS deliver great care to patients up and down the country. They are as horrified at all of this as we are. When the first investigation laid bare the facts in 2009, the then Prime Minister apologised on behalf of the Government and the NHS to the patients and families who suffered so badly at Stafford hospital. He was right to do so. I reaffirm that today and our thoughts are with all the victims and their families. What happened has no place in any NHS hospital. We must ensure that it does not and cannot happen again.

Today’s report makes clear that primary responsibility for what happened lay with the board of the hospital. However, there are wider lessons that politicians on all sides must learn, including a lesson for all parties about the dangers of frequent reorganisations of the NHS.

I should like to ask the noble Lord the Leader of the House some specific questions. First, regarding the voice of the patients, effective regulation is essential, but regulators cannot be everywhere, spotting every problem. Patients, their families and staff are everywhere, so we must ensure that they are properly heard. The challenge is to change the culture of the NHS and to support rather than to shut out people who complain. The NHS constitution offers protection for whistleblowers and we support moves to strengthen that. However, the report also highlights criticisms and concerns about both previous and current arrangements for patient bodies. Does the noble Lord agree that, whatever bodies we choose to represent patients, they need to be independent and to have the powers to be an effective voice and challenge to the system. I am sure the noble Lord will have had reported to him last night’s debate on the regulations in relation to local Healthwatch and concern that, as they were drafted, they restrict the activity of local Healthwatch to campaign. I wonder whether, as part of the consideration of the recommendations of the Francis review, the Government would agree to look at the remit and powers of local Healthwatch in order that we might consider strengthening them.

I move to the question of staffing. The basic requirements of any NHS hospital are that there are sufficient staff to look after patients and that they act with compassion. In too many cases at Stafford, this did not happen. Compassion should always be at the heart of nursing, and it needs to be at the heart of nurse training. We support moves to make this more central to nurse training. As Robert Francis has previously said in explaining what went wrong,

“the overwhelmingly prevalent factors were a lack of staff, both in terms of absolute numbers and appropriate skills”.

Does the noble Lord accept the report’s point that we need to consider benchmarks on staff numbers and skills? Can the noble Lord comment on any resource implications that follow from such agreement? Noble Lords will be aware that many NHS trusts are facing severe financial challenges at the moment. Do the Government consider that the NHS has enough resources to ensure that it has the right number of staff in place? This morning the Prime Minister assured the other place that funding is there, but I wonder whether we can be so confident.

My third question relates to regulation. The problems at Stafford should have been picked up much earlier. Monitor and the Healthcare Commission should have worked together much more closely. The Francis report recommends that the two should come together or evolve into a merger. I was rather surprised to read on the Health Service Journal webpage tonight that the Secretary of State has already rejected this recommendation. I was very surprised because in the Statement that the noble Lord has just repeated he said that every recommendation would be studied fully. Can he confirm whether a decision has been made that a merger of Monitor and CQC will not take place? That is a very important matter.

In his Statement the Prime Minister also said that a chief inspector of hospitals would be appointed in the autumn. Can the noble Lord confirm that legislation would be required for that, or is there to be an instruction to CQC to make such an appointment? Is it intended that the remit of the chief inspector of hospitals should cover other parts of the National Health Service? Will there be a chief inspector of primary care? Will there be a chief inspector of social care? Is it intended that the chief inspector will become in effect the boss of CQC, or is this to be a separate appointment? If it is to be a separate appointment, will this person hold independent office, or will he or she be part of the managerial hierarchy of CQC?

Robert Francis rightfully made a great deal of the importance of patient safety. He also referred to the functions of the former National Patient Safety Agency with regard to incident reporting. He said:

“More could be made of this important source of information”.

The noble Lord will be aware that the Health and Social Care Act abolished the National Patient Safety Agency. As part of their consideration of the recommendations of Francis, I ask that the Government consider re-establishing the National Patient Safety Agency as a wholly independent organisation.

I come to the question of healthcare assistants, who do so much important work in our hospital wards and communities. Does the noble Lord agree that we need training and registration to improve standards and safety? In paragraph 1.194 of the summary of Robert Francis’s findings, he makes the point that,

“healthcare support workers … are not subject to any system of registration”.

He says firmly:

“A registration system should be created under which no unregistered person should be permitted to provide for reward direct physical care to patients currently under the care and treatment of a registered nurse or a registered doctor or who are dependent on such care by reason of disability or infirmity in any hospital or care home setting”.

I am sure the noble Lord will have been briefed that in our debates on the Health and Social Care Bill as it went through your Lordships’ House we argued strongly for there to be regulation of healthcare assistants. The Government resisted that. In their consideration of the Francis inquiry recommendations, will they now give sympathetic consideration to the registration of healthcare workers?

I come to my fourth question, which concerns foundation trusts. I am the chair of a foundation trust. I am enthusiastic for them, as I think are many noble Lords on both sides of the House. The journey to foundation status has been a beneficial process for many trusts, but in the case of Stafford it was not. Has the noble Lord made any reassessment of the current timetable for a trust to achieve foundation status and whether more flexibility is needed? Can he assure me that no pressure will be put on the NHS Trust Development Authority to speed up the authorisation of foundation trusts?

The original government intention was for all NHS trusts to become foundation trusts by 2014. I understand that that has slipped. I should be grateful if the noble Lord would confirm that the essential requirement is that a trust is ready to become a foundation trust, not having to fit a timetable that would lead to the kind of pressures that the Mid Staffordshire trust clearly felt itself under.

That brings me to targets. It was suggested, in the briefing before the report was published, that targets themselves were to blame. However, today’s report does not support that. It says that,

“it is not suggested that properly designed targets, appropriately monitored, cannot provide considerable benefit to patients”.

Does the noble Lord accept, as Francis’s analysis suggests, that the problem at Stafford was how the A&E target was managed by the hospital, and that many hospitals up and down the country have delivered excellent care while meeting the accident and emergency target? We must never go back to the bad old days when people were left waiting for hours on trolleys and 18 months for an operation.

I turn to integration. The ageing society is bringing a whole new set of demands on to the NHS: a group of elderly and infirm patients who require not just physical treatment for their immediate illness but much greater care and attention for their basic needs. As Francis says, we must address this new challenge that the NHS faces and ensure that we avoid a repeat of what happened at Stafford. Does the noble Lord agree that in every hospital we need to put in place the right support for the whole of a person’s needs, including for our elderly population? Does he agree that that means breaking down the barriers between healthcare and social care? Does he also agree that the cultural change that the Prime Minister referred to in relation to hospitals applies as much to community, primary and social care?

The number of noble Lords who are here at this time of night to listen to the Statement indicates that many noble Lords have a great deal of interest in this. I ask the noble Lord to pursue through the usual channels the opportunity for an early and lengthy debate on the Francis report. That would be very much appreciated by noble Lords.

We cannot turn back the clock and undo the damage at Stafford but we owe it to those who have suffered, to the people of Stafford and to the country as a whole to work together to act on this report and prevent a scandal like this from happening elsewhere. We on this side of the House will play our part in making that happen.

House of Lords: Reform

Lord Hunt of Kings Heath Excerpts

Wednesday 6th February 2013 Lords Chamber

[Lord Hill of Oareford]

I understand that point. I have great respect for the noble Lord, Lord Steel, and am glad that I have already had the chance to discuss his proposals with him and others. I would be happy to do so again. He, I am sure, can use his powers of persuasion with colleagues in his own party, including the Deputy Prime Minister. I know that he will try and we will then see how we get on.

[Lord Hunt of Kings Heath]

My Lords, I would like to take him back to his first Answer. He suggested that it would be difficult to get a consensus in your Lordships’ House on interim changes. Why does he not put it to the test? There are various groups meeting at the moment in this House discussing these matters. There is a great deal of consensus. Why does he not call those groups together, or have a Leader’s Group, to see if we can make progress when there is a clear and huge majority of your Lordships’ House in favour of making sensible interim changes?

[Lord Hill of Oareford]

Again, the noble Lord says there is a lot of consensus around this. The conversations I have had with people so far do not bear out that optimistic gloss. I am keen to talk to Members of this House who have views, and that is something I will continue to do.

Business of the House

Lord Hunt of Kings Heath Excerpts

Thursday 31st January 2013 Lords Chamber

[Lord Campbell-Savours]

My Lords, perhaps I could just add that I have tabled a whole series of Questions to the Chairman of Committees on this matter of availability of resources to the House against the number of Peers to be created. Perhaps the Government might take note of the answers that I am receiving, because clearly the figures do not add up.

[Lord Hunt of Kings Heath]

My Lords, I can see that the noble Lord is looking forward to this debate next week. If I may follow up on the question asked by my noble friend Lord Grocott, at the moment the number of Conservative Peers is anything up to about 39% or 40% of the Peers in this House who carry a political label. Therefore the Conservative Party already has a higher proportion of Peers than of the votes cast at the last election. The noble Lord needs to clarify exactly what the Government are committing themselves to.

[Lord Steel of Aikwood]

Before the Leader of the House answers, perhaps I may reply to him on the question of tabling the Motion. As he knows, I wanted originally to table an amendment to this Motion today, but I thought that would be unfair because the House had no notice of it. There is a better opportunity next week. So I hope that he will acquit me of any discourtesy on that point.

Secondly, as regards the point made by my noble friend Lord Forsyth, the recommendation from the committee of which the noble Lord, Lord Hunt, was a member two years ago was also designed to save money, and it would save money if it were implemented.

Leveson Inquiry

Lord Hunt of Kings Heath Excerpts

Thursday 29th November 2012 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I am grateful to the noble Lord the Leader of the House for repeating a Statement given in the other place by the Prime Minister on the report published today of the inquiry carried out by Lord Justice Leveson. I also say to the noble Lord that I welcome the opportunity for cross-party discussions. For our part, we will seek to convince the Government—or indeed, the noble Lord’s part of the Government—to put their faith in all the recommendations of the report.

I start by echoing the tribute that the noble Lord has paid to Lord Justice Leveson and his team. In particular, I thank them for the painstaking, impartial and comprehensive way in which they have conducted this inquiry. I thank the Lord Justice for the clarity with which he has explained his report today. Most of all, we on these Benches want to pay tribute to the innocent victims who gave evidence to the inquiry—people who did not seek to be in the public eye, who suffered deep loss and grief and who then faced further trauma at the hands of sections of the press. We pay tribute to Bob and Sally Dowler—it is easy to forget now that without their revelations last July about what happened to them and their daughter, and their courage in speaking out, we would not be here today—and to Gerry and Kate McCann, who suffered so much and showed such courage. Kate McCann, whose daughter remains missing, saw her private diary published by the News of the World for the sake of a story. They gave evidence to the inquiry to serve the wider public interest and I pay tribute to them. It is they who should be at the forefront of our minds today.

A free press is essential to a functioning democracy. The press must be able to hold the powerful, especially politicians, to account without fear or favour. That is part of the character of our country. At the same time, we do not want to live in a country where innocent families such as the McCanns and the Dowlers can see their lives torn apart simply for the sake of profit and where powerful interests in the press know that they will not be held to account. This is also about the character of our country. There never was just one rogue reporter. Lord Justice Leveson concludes that a whole range of practices from phone hacking to covert surveillance, harassment and other wrongful behaviour were widespread—all in breach of the code by which the press was supposed to abide.

We on these Benches recognise that many decent people work in our country’s newspapers and that not every newspaper did wrong. However, Lord Justice Leveson concludes:

“it is argued that these are aberrations and do not reflect on the culture, practices or ethics of the press as a whole. I wholly reject this analysis”.

That will not come as a surprise to many people but, as Lord Justice Leveson also concludes:

“there has been a persistent failure”,

by politicians,

“to respond … to public concern about the culture, practices and ethics of the press”.

All politicians must take responsibility for that.

The publication of this report is the moment when we must put that right, upholding the freedom of the press and guaranteeing protection and redress for the citizen. As the Prime Minister himself said at the Leveson inquiry:

“If the families like the Dowlers feel this has really changed the way they would have been treated, we would have done our job properly”.

The Opposition agree very much with that statement.

We should be clear about Lord Justice Leveson’s proposals and why they are different from the present system. He proposes a genuinely independent regulator with effective powers to protect and provide redress for the victims of abuse. He gives responsibility for establishing the system to the press, as now, but he provides a crucial new guarantee which we have never had before. He builds in a role for the media regulator, Ofcom, to ensure that the system that is established passes the test we would all want to see applied to it—that is, that it is truly independent and provides effective protection for people such as the McCanns and the Dowlers. To make this guarantee real, he recommends that both Ofcom’s power and these criteria of independence and effectiveness should be set out in statute, a law of this Parliament, with truly independent regulation of the press guaranteed by law.

Lord Justice Leveson’s proposals are measured, reasonable and proportionate. We on this side unequivocally endorse both the principles set out and his central recommendations. We support this new system of regulation. We support the Lord Justice’s view that Ofcom is the right body to carry out the task of recognition of the new regulator. We support his proposal that Parliament should lay down in statute the role of Ofcom. We endorse Lord Justice Leveson’s proposal that the criteria any new regulatory body must meet should be set out in statute.

Does the noble Lord the Leader of the House accept Lord Justice Leveson’s analysis that his recommendations cannot be characterised as statutory regulation of the press? He argues that what is proposed is independent regulation of the press, organised by the press, with a statutory verification process to ensure that the required levels of independence and effectiveness are met by the system “in order”, as he says,

“for publishers to take advantage of the benefits arising as a result of membership”.

Does the noble Lord accept that analysis? Does the noble Lord, Lord Strathclyde, also not follow the point made by Lord Justice Leveson that it is essential that there should be legislation to underpin the independent self-regulatory system and to facilitate its recognition in legal processes?

Lord Justice Leveson has, I believe, made every effort to meet the concerns of the industry. There are some who will say that this will not work because the press will not co-operate. Does the noble Lord the Leader agree that this arrangement, as Lord Justice Leveson says, will work, but only if the press now come forward to sign up to it with genuine commitment? If we cannot achieve a comprehensive system involving all major newspapers then Lord Justice Leveson has set out the necessary alternative—essentially, direct statutory regulation. Do the Government agree that if the newspapers refuse to adopt the system proposed, this will be necessary and will need to be implemented?

Lord Justice Leveson has genuinely listened. He has acted with the utmost responsibility. Surely newspaper editors and proprietors should now do the same. He also reaches important conclusions on the need to prevent too much media influence ending up in one pair of hands. He proposes that there should be continuous scrutiny of the degree of media plurality and a lower cap than that provided by competition law. Will the noble Lord the Leader say that the Government will now take this forward? Lord Justice Leveson also makes specific suggestions about greater transparency about meetings and contacts between politicians and the press. He says that they should be considered as an immediate need. We agree, and we hope that they can be taken forward too.

As I said earlier, we welcome the Prime Minister’s offer of immediate cross-party talks on the implementation of the recommendations on press regulation, but those talks must be about implementing these recommendations, not whether we implement them. These talks must agree a swift timetable for implementation. They must agree to legislate in the next Session of Parliament with a new system up and running at the very latest by 2015. By the end of January next year, we should have an opportunity for Parliament to endorse and proceed with the Leveson proposals. Does the noble Lord the Leader of the House agree?

We should move forward together. After 70 years, seven reports and many last-chance saloons which have gone absolutely nowhere, now is the time to act. The case is compelling and the evidence is overwhelming. This is a once-in-a-generation opportunity to make change that the public can trust. In doing so, we ought to remember the words of Bob and Sally Dowler at the Leveson inquiry. They said:

“there is nothing that can be done to rectify the damage that has been done to our family… All that we can hope for is a positive outcome from this inquiry so that other families are not affected in the way that we have been”.

Surely, on behalf of every decent British citizen who wants protection for people like the Dowler family, and who wants a truly free press that can expose abuse of power without abusing its own power, we must act.

Business of the House

Lord Hunt of Kings Heath Excerpts

Thursday 29th November 2012 Lords Chamber

[Lord Strathclyde]

On occasions, the different parties of the coalition should be able to make their views known to Parliament, and it looks as though this afternoon is one of those occasions.

As to the propriety of this House, what we are doing in this House is really quite simple. We are simply repeating Statements that have been made in the House of Commons: one being made by the Prime Minister and the other by the Deputy Prime Minister. As is standard practice on these occasions these Statements were offered to the Opposition, who can agree either to take them or not, or to defer them. Quite rightly, they agreed to take them. If the House does not wish to listen to me or to my noble friend Lord McNally repeating the Statements of the Prime Minister and the Deputy Prime Minister, it really does not need to at all. It will be quite late, after all, on a Thursday afternoon.

As to my noble friend Lord Cormack’s question, the Statements will be taken sequentially. What is interesting is that I am not entirely certain exactly how the Labour Party will approach this. I shall repeat the Statement of the Prime Minister, the Opposition will then reply, and then there will be 20 minutes’ Back-Bench time in the normal way that we wholly understand. After that is over, my noble friend Lord McNally will repeat a Statement of the Deputy Prime Minister. I am full of interest as to whether the Opposition will then say nothing, repeat the reply that they have already made or, more intriguingly, make a different reply to my noble friend’s Statement. There will then be another 20 minutes, if noble Lords wish to comment on it, and then we shall go on to the next business.

[Lord Hunt of Kings Heath]

My Lords, I am very grateful to the noble Lord, Lord Strathclyde, for so eloquently explaining the difficulties that the Government have found themselves in. Presumably that was an offer for me to make a statement—and presumably from the government Benches—because it seems that anyone can speak for the Government on these matters.

This really is a genuine first, when the coalition is so comprehensively divided that we have to go through this ludicrous episode this afternoon. I remind the noble Lord, Lord Strathclyde, that the Companion states:

“Statements by ministers on matters of public importance may be made by leave of the House without notice”.

He has not really answered his noble friend Lord Cormack. When the noble Lord speaks as Leader of the House, will he be speaking for the Government? When the noble Lord, Lord McNally, speaks, will he speak on behalf of the Government? Or do we have two Governments, or perhaps no Government? Is this a precedent for the future? This afternoon in the other place there is to be an energy Statement. Is Mr Davey going to make one Statement on wind farms and Mr John Hayes another? I also do not think that it would be amiss for me to point out to your Lordships’ House that the coalition is not exactly united on Europe. Can we look forward to two Statements on Europe when the noble Lord, Lord Strathclyde, repeats a Statement on Council meetings in future?

The noble Lord, Lord Strathclyde, has been very keen in recent weeks to remind your Lordships’ House of the importance of sticking to the rules, but now we are apparently just waving the Companion away. Indeed, the Companion seems to have become the noble Lord’s flexible friend. Perhaps the real message for your Lordships’ House today is that this coalition Government’s days are numbered—and a jolly good thing too.

--- Later in debate ---

[Lord Strathclyde]

My Lords, I think that my noble friend Lord Cormack is enjoying himself far too much by repeating that word. Actually, I think the whole House is enjoying itself far too much and we really need to bring this very short debate to an end. My noble friend Lord Alderdice had it pretty well. We have a coalition and we are gently feeling our way on occasion as to the right approach.

I do think that the noble Lord, Lord Hunt, protests a little bit too much. I am sure that although from his Front Bench he will make one Statement, he will find a lot of disagreement with what he says from his Back-Benchers in both Houses.

The noble Lord, Lord Dykes, asked when the precedent was. I took a view a long time ago that any precedent from before the Second World War probably was not worth having, so I have not got it at my fingertips. However, I am reliably informed that it does exist. If I thought that we were breaking the rules of the House in doing this I would have said that to the House and then made a recommendation. There is absolutely nothing in the Companion that stops us having an innovative procedure on this, which is precisely what we are doing.

I know that noble Lords—the noble Lord, Lord Richard, and my noble friend Lord Forsyth—are exercised about what, therefore, is government policy. My right honourable friend the Prime Minister set up this inquiry on behalf of the Government. He will make his Statement on behalf of the Government in the House of Commons; I shall repeat it here. However, my right honourable friend the Deputy Prime Minister has taken the opportunity, as I think that both Houses will wish him to do, to make a separate Statement which will represent a view of the second party of the coalition. I think that we have flexible enough rules to be able to deal with that, and I very much look forward to the debate later on this afternoon.

[Lord Hunt of Kings Heath]

My Lords, I do not want to detain the House, although clearly the noble Lord, Lord Strathclyde, is enjoying this debate. However, I would refer him to the Companion. It refers to “a government announcement”—it does not talk about separate government announcements. The noble Lord cannot have it both ways. He has just said that he will be making a Statement this afternoon. He has still not answered the point as to who on earth he is making that Statement on behalf of.

[Lord Strathclyde]

My Lords, this is pedantry. If the noble Lords opposite really did not want these Statements they could have said so and the Statements would not be taking place.

House of Lords: Peers

Lord Hunt of Kings Heath Excerpts

Thursday 8th November 2012 Lords Chamber

[Lord Strathclyde]

My Lords, like the noble Baroness, I think that the most important part of my noble friend’s Bill is that which deals with serious offenders.

[Lord Hunt of Kings Heath]

My Lords, the Leader’s reforming zeal is a matter of great note in your Lordships’ House. However, he will recall that last Thursday we had a very good debate, opened by my noble friend Lord Filkin, on working practices and procedures where many of these matters were discussed. In that debate he was asked to reconvene his Leader’s Group to see whether the House could reach a consensus on these important matters, including retirement issues. I invite him to reconsider his answer and agree to set up such a group.

[Lord Strathclyde]

My Lords, I have already set up a Leader’s Group to look at retirement issues, chaired by my noble friend Lord Hunt. Its conclusions deserve rereading and I am more than happy to re-examine them to see whether any changes could be brought forward given the position that the Government are now in; namely, that there will be no further legislation for this House in this Parliament.