Devolution: English Cities

Lord Hunt of Kings Heath Excerpts

Wednesday 17th July 2019 Grand Committee

[Lord Hunt of Kings Heath (Lab)]

My Lords, it is a great pleasure to wind up the Back-Bench speeches. I am not sure whether the Whips are punishing me or rewarding me by giving me this position. Like every noble Lord who has spoken, I welcome the report by the noble Lord, Lord Heseltine. He analysed the historical role of cities in driving this country’s development and economy. If we compare English city regions to the devolved authorities, they have less clout and less resource. Yet, if we are to make progress in very difficult times the noble Lord is surely right that the potential for city regions, like mine in the West Midlands, to help drive forward the economy of the country again is very powerful.

I do not think that all noble Lords quite agree with the structure the noble Lord, Lord Heseltine, proposed, with a very powerful department of the regions in Whitehall and mayors and combined authorities locally that will take this forward, but I do not think we have to agree with the structure to agree with his powerful premise about the role of city regions. The noble Lord, Lord Turnbull, put his finger on it when he said that it will not happen unless we change Whitehall’s view that it is superior in every way to local government and local public bodies. Having spent 10 years as a Minister espousing the Whitehall supremacy philosophy, I recognise the challenge that we face if we are to see changes. As the noble Lord, Lord Butler, pointed out, centralising pressures in this country are very strong. Most pressure groups are nationally based and put huge pressure on Ministers to intervene and make sure there is no variation at the local level.

The noble Lord, Lord Butler, mentioned social care. Health and social care are the areas for which I had the most responsibility. The noble Lord, Lord Heseltine, did not mention health and social care in his speech, save, I think, in relation to the “condition of the people report”, which he wants mayors to publish and which would have stats on health, social care and well-being. The National Health Service presents in a nutshell some of the dilemmas about what we mean by devolution. The NHS is a huge employer. It has major responsibilities for the health of a population and has links to R&D investment, life sciences and the pharmaceutical sector. It is crucial to our economy. Any mayor must want to embrace health and social care in any development plan they have; they would be very foolish not to do so. On the other hand, we know that the public regard the NHS as a national service. We know that if we were to suggest the devolution of the NHS and that we could change it from being free at the point of use—that is the implication of devolution —there would be major opposition. We also know that concepts such as postcode prescribing are deplored by the public, pressure groups and just about everyone.

If we think that devolution will really cover most of our great services, we then come to the issue of how we would deal with the NHS. Greater Manchester has made a start and it is a useful model. Interestingly, in the report by the noble Lord, Lord Heseltine, the submission from Greater Manchester claims that health and social care was devolved in February 2015. In fact, nothing was devolved to Greater Manchester relating to health and social care. What happened was that the responsibilities of the Department of Health and Social Care were delegated to Greater Manchester. Greater Manchester has some responsibilities related to budget and some to operational management, but it has to carry them out within the rules set by the Department of Health and Social Care. That seems a very sensible first step because it maintains the concept of a national NHS but gives the mayor and combined authority more say over strategy and how it is to be run. If we extend this, it may well be that the national aspect of some services means that we cannot devolve them in a way that we could other parts of the economy. At PMQs today the Prime Minister answered a Question about the reconfiguration of services in Shropshire. It brings home that, while devolution sounds great in principle and is a route worth taking, when it comes to actual services it will be hard to work through.

I finish on a point raised by my noble friend Lord Rooker. Of course the report by the noble Lord, Lord Heseltine, has no chance of implementation unless there is a new financial settlement. The noble Lord, Lord Lansley, rightly pointed out an example in Cambridgeshire of why greater flexibility is needed if we are to make sense of the combined authority there and the huge potential for developing the economy that there clearly is. At one point in his report, the noble Lord, Lord Heseltine says,

“the government should allow mayoral authorities to raise local taxes and charges”.

He then says,

“it is ludicrous for British tourists to pay to visit historic collections and buildings abroad while millions of visitors to this country enjoy free access”.

I am so keen on this because we have the Commonwealth Games coming to Birmingham in 2022, and 75% of the costs will be met by the Government and 25% by the City of Birmingham, whose finances are not as strong as one might wish. It would like to be allowed to set hotel tax to help contribute. I understand that Edinburgh will be allowed to go down this route. I know that, traditionally, the Treasury will be opposed to this, but, just as a pilot we ought to allow Birmingham to have a go at it and see if it has an impact on tourism and hotel usage. If we are serious about devolution we should take a living example where a city council needs to rate some resources and give it a go. I hope the Minister will at least be able to give some positive words on that.

Affordable Housing: Social Homes for Rent

Lord Hunt of Kings Heath Excerpts

Tuesday 3rd July 2018 Lords Chamber

[Lord Best (CB)]

My Lords—

[Lord Hunt of Kings Heath (Lab)]

My Lords, following on from my noble friend’s question—

[Lord Taylor of Holbeach (Con)]

My Lords, the noble Lord, Lord Best.

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord has done a massive amount in this area. I acknowledge that a lot of my life is spent arguing with the Treasury about various issues, as he can imagine, but I would impress on him that when rent controls were in place, we had a far less vibrant rental market than we do now. We would not want to go back to that sort of control.

[Lord Hunt of Kings Heath]

My Lords, will the noble Lord answer my noble friend’s question? The inheritance of council stock in 1997 was so bad that the resources of the Labour Government had to be put into restoring them to anywhere like living capacity.

[Lord Bourne of Aberystwyth]

I would not acknowledge that. I acknowledge that work was done on that basis but I do not think that the Labour Party or Labour Government should get off the hook on their deplorable record of council house building in that period.

Troubled Families Programme

Lord Hunt of Kings Heath Excerpts

Monday 12th September 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the right reverend Prelate is right about the dangers of silo working. We have sought to obliviate that programme by broadening the criteria. In relation to the number of families being assisted, it is the aim of the second programme that by the end of this Parliament 400,000 additional families—on top of those in the first programme—will have been helped. In the first year, we have so far helped 145,000 families.

[Lord Hunt of Kings Heath (Lab)]

My Lords, can the Minister assure me that his department is concerned with the accuracy of the report, rather than seeking to change either its recommendations or its conclusions?

[Lord Bourne of Aberystwyth]

My Lords, as always, government departments are minded to ensure that the report is accurate. That is true of the civil servants who are working on this. Of course that is the aim; we want the proper information in the public domain. In the meantime, we have learned some of the lessons from the first programme. I believe that the first programme was a success and the second will be even more successful.

Nuclear Reactors

Lord Hunt of Kings Heath Excerpts

Monday 23rd May 2016 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I find myself in total agreement with the noble Lord opposite; I think that it is both, and that is the Government’s intention.

[Lord Hunt of Kings Heath (Lab)]

My Lords, what impact will the development of this technology and its use have on the disposal of nuclear waste? Can the Minister say where we are with the selection of a site for deep geological storage?

[Lord Bourne of Aberystwyth]

My Lords, once again, the supposition behind the question is that it will be plutonium-based; it may well not be or it may be part of the mix, but I say again to the noble Lord that we are running ahead of ourselves. We will scrutinise all these issues, but, of course, decommissioning will be discussed at length in the dialogue that follows those expressions of interest.

Hinkley Point: Chinese Investment

Lord Hunt of Kings Heath Excerpts

Monday 2nd November 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, I was not aware of the noble Lord’s background in this field but I readily acknowledge it. It is true that in the past this has been the case. Sadly, over a period of time under successive Governments, the research and development in this area was run down. We are now making agreements which are subject to stringent security and safety precautions to ensure that we move forward with what most noble Lords will acknowledge is an important part of the energy mix—namely, nuclear. We already take 20% of our energy needs from nuclear. That will continue. We are satisfied, with the conditions that we have in place, that this is the best way forward for the country.

[Lord Hunt of Kings Heath (Lab)]

My Lords, surely the point raised by the noble Lord is exactly why the integrity of the future UK supply chain is so important. My noble friend Lord West raised the issue of Bradwell and future developments. Can the Minister assure me that the UK Government will have enough leverage to ensure that, in relation to Bradwell, the size of the UK supply chain contribution can be protected and enhanced? That is a security question as much as it is a question about the industry and jobs.

[Lord Bourne of Aberystwyth]

My Lords, I readily acknowledge and accept that it is important on both bases. In answering the question I sought to say that we have not yet begun any detailed negotiations on Bradwell. However, new procurement rules are in place which help us in Europe and with the supply chain. We have got a good deal in relation to Hinkley Point C. I have indicated that I hope that that will be a template for what we do in Bradwell. However, it is very early days and I do not want to mislead people into thinking that we are already in that degree of discussion—we are not.

Welsh Government: Fracking

Lord Hunt of Kings Heath Excerpts

Thursday 22nd January 2015 Lords Chamber

[Baroness Randerson]

My noble friend illustrates the volatility of energy prices, then as now. From current reports, the potential for significant amounts of shale gas in Wales is unclear. However, I agree with my noble friend: the recent big falls in the oil price have illustrated the shaky financial foundations on which the Scottish independence campaign was based.

[Lord Hunt of Kings Heath (Lab)]

My Lords, forgive me, but I did not quite follow the first Answer of the noble Baroness. Have there been discussions on the devolution of powers over fracking for gas on land—yes or no?

[Baroness Randerson]

My Lords, there are four parts to the ongoing discussions. One of them relates to the Smith proposals, and which of those proposals would refer to Wales appropriately. Those discussions include the issue of fracking. In relation to Wales, the conversations are ongoing.

David Livingstone Bicentenary

Lord Hunt of Kings Heath Excerpts

Monday 23rd July 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I have already explained that the Scotland Office plans a commemorative event to be held here, in the Scotland Office. I have also indicated that my right honourable friend the Parliamentary Under-Secretary of State has already met representatives of the Scotland Malawi Partnership. We will also be working out how the United Kingdom Government might best be involved in these celebrations, not only with the partnership but also, as I indicated in my answer to the noble Lord, Lord McConnell of Glenscorrodale, by involving our officials and Ministers in the Foreign and Commonwealth Office and the Department for International Development. We certainly take this intervention seriously, and we will be looking at ways in which we can, as a United Kingdom Government, make an appropriate contribution.

[Lord Hunt of Kings Heath]

My Lords, I wonder if the noble and learned Lord could confirm whether the Scotland Office is part of the UK Government?

[Lord Wallace of Tankerness]

My Lords, for those who had not got the point, I am more than happy to confirm it. Indeed, the commemoration in the Scotland Office will be one by the United Kingdom Government.

Scotland: Constitutional Future

Lord Hunt of Kings Heath Excerpts

Monday 26th March 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I hope that in our arguments and debates about a referendum on Scotland’s future, we can make it clear that not only do we believe that Scotland is better off within the United Kingdom, but the United Kingdom is better off with Scotland.

The noble Earl will be aware that a commission has been set up to look at the implications of devolution for the procedures in the House of Commons, under the chairmanship of the Sir William Mackay. We await the outcome of that commission.

[Lord Hunt of Kings Heath]

My Lords, coming back to the original Question, will the noble and learned Lord accept that with the Bill in your Lordships’ House at the moment, it is completely unacceptable for the full consultation not to be published until just before Third Reading? Will he accept that in view of that, and the fact that noble Lords may well wish to lay amendments on Third Reading, there should be greater latitude for amendments to be laid at that stage?

[Lord Wallace of Tankerness]

My Lords, I do not necessarily think I can indicate the latitude that would be allowed at that stage, although I hear what the noble Lord says. I hope he will agree, that we gave considerable indications in Committee and, indeed, if the matter arises again today, on Report. In answering the noble Lord, Lord Foulkes, I indicated some of the key elements where the majority of opinion lies within the consultation. I think that was able to inform our debate on a referendum last week. I very much hope that by the time we get to Third Reading, people will have had an opportunity not just to analyse the numbers but also the quality of some of the responses, and they will feel that the preferences expressed by the Government in the consultation document command considerable support.

Wales: Organ Donation

Lord Hunt of Kings Heath Excerpts

Wednesday 23rd March 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, it is difficult to speculate about what might happen, although if there was opt-out legislation in force in Wales, for example, and a person ordinarily resident in Wales was in hospital in England or another part of the United Kingdom, would somebody have to look up not only the donor register for the whole of the United Kingdom but also a possible opt-out register for Wales? There could be practical difficulties. No doubt that matter will be addressed should any legislation come before the National Assembly for Wales.

It is also important to stress the fact that, following on from the independent organ donation task force report in January 2008, considerable efforts are being made to raise the profile of donation and to put in place trained nursing and clinical staff who can take on the important task of talking to relatives. Indeed, since the recommendations of that report were implemented, donations have increased by some 28 per cent.

[Lord Hunt of Kings Heath]

My Lords, is that not the point? Even with presumed consent, the family will always have to be consulted. Therefore the advantage of presumed consent is often overstated. The key is having campaigns and information available to encourage people to be willing donors in the first place.

[Lord Wallace of Tankerness]

I entirely agree with the noble Lord. Indeed, there were two reports in 2008 from the organ donation task force. One dealt with the infrastructure arrangements to which I referred, and the other looked at presumed consent. The latter report concluded that the case was not made at the present time to move to a system of presumed consent, but rather emphasised the importance of the infrastructure arrangements and raising the profile. To date I think that has borne some fruit.

Fixed-term Parliaments Bill

Lord Hunt of Kings Heath Excerpts

Tuesday 15th March 2011 Lords Chamber

[Lord Brooke of Sutton Mandeville]

My Lords, I realise that I regard the noble Baroness, Lady Hayter of Kentish Town, as an agreeable ally on constitutional matters, but I was sorry that the noble Lord, Lord Howarth of Newport, felt it necessary to precede her in this short debate. Of course I understand the protocol that he was pursuing, but we always know that the noble Lord, Lord Howarth of Newport, will have spoken before the Minister rises—he is indeed a pillar of the constitution. However, I think that chivalry has a role. At Second Reading, I alluded to the French Revolution. In Burke’s memorable sentences:

“It is now sixteen or seventeen years since I saw the queen of France … the age of chivalry is gone. That of sophisters, economists, and calculators, has succeeded; and the glory of Europe is extinguished for ever”.

I understand why the noble Lord, Lord Howarth, spoke but a little variety in our experience might bring the government Benches back into the Chamber on constitutional matters, as he was wishing earlier, just as everyone who speaks in these debates has their own personal and individual subjective view on how we could increase voter turnout.

An aspect of variety in this speech is that, most unusually, I disagree with the noble Lord, Lord Grocott, whose constitutional views I respect just this side of idolatry. However, I have a reservation on this occasion. He prayed in aid the statistical fact that there would have been four fewer elections since the war under this Bill than factual history produced. I have profound admiration for the maturity of the British electorate. On only one occasion among those 17 post-war elections did they possibly make a mistake, as they themselves may have conceded, by giving more votes to one party and more seats to the other, but that does not mean that we may want more opportunities as an electorate to exercise our maturity or indeed our wisdom.

The reductio ad absurdum to which the argument from the noble Lord, Lord Grocott, could be made subject is that we should hold a referendum on whether the electorate wanted more elections or fewer. There is some polling evidence that they would vote for fewer but that would accelerate the number of referendums we felt it necessary to think that we need.

[Lord Hunt of Kings Heath]

My Lords, that is an interesting contribution to follow. Like the noble Earl, Lord Onslow, I am pleased to make rather a late entry into your Lordships’ deliberations on this Bill. I am glad that it is on such an interesting matter and I am grateful to my noble friends Lord Grocott and Lord Howarth for their amendments.

As a number of noble Lords have suggested, this is part of what was promised to be a comprehensive package of reforms on the constitution by the Government. We have already had the Parliamentary Voting System and Constituencies Act. We now have this Bill and before too long, although it seems to be a somewhat lengthy time in coming, we are promised the draft House of Lords reform Bill. Like other noble Lords, what I find so puzzling is the piecemeal approach and lack of consistency on the part of the Government to how these different measures are brought before Parliament, then in some cases put to the electorate and in others not so.

We are to have a referendum on AV. We are also promised, in the coalition agreement, a referendum on any changes or amendments to the European Communities Act 1972 where there is a proposal under a treaty to transfer areas of power or competencies. Yet there is to be no referendum on the principle of a fixed-term Parliament, on whether it should be for four or five years, or on reform of your Lordships’ House. I agree with other noble Lords that, arguably, this Bill and the one to come are constitutionally much more significant than changing a voting system from first past the post to AV.

As the noble Lord, Lord Pannick, said—it is worth reflecting on this—the view of the Lords Select Committee on the Constitution is that this Bill owes,

“more to short-term considerations than to a mature assessment of enduring constitutional principles”.

I agree with that. My noble friends Lord Grocott and Lord Howarth are surely right that the period of five years must mean that the voters will find themselves less able to hold the Executive to account. That is therefore of significance. The noble Lord, Lord Brooke, may be right in suggesting that the public might welcome being inconvenienced on fewer occasions. But should that not be put to the public in a referendum? Surely it is the same when it comes to Lords reform. Like the noble Lord, Lord Marks, I think that the issue of Lords reform is highly significant to the debate that we are having.

[Lord Tyler]

The noble Lord and I both served for many months on the working group chaired by his colleague, Mr Jack Straw, when we looked in very considerable detail at the various proposals for reform of your Lordships’ House. At not one single moment through the whole of that White Paper’s preparation did he or his colleagues suggest that it was necessary for those proposals to be put in a referendum for the public to take a view. Why is there suddenly this interest in making that proposal the subject of a referendum?

[Lord Hunt of Kings Heath]

It is because it is part of a series of measures of constitutional change. The noble Lord, Lord Tyler, will also know that the intention was always to produce that White Paper, which we did, then to ensure that it was in the manifestos of the three parties at the last election, which it was, then to bring forward proposals. For myself, I believe that a referendum ought to be considered in the context of the current Government’s decision to go for a referendum on AV and their other constitutional changes; and because it is abundantly clear, from all that I have read and heard, that they are not prepared to deal with the issue of powers when it comes to Lords reform.

My noble friend Lord Grocott and I do not always see eye to eye on Lords reform, but I certainly agree with him when he challenges the naive assumption that an elected senate will simply carry on in much the same way as your Lordships’ House does, without any impact on the House of Commons. I do not accept that; an elected second Chamber is bound to impact on the Commons and on our constitution in a major way. In many respects, it will be a new House even though there may well be a transition period between where we are and where we get to in the end. The same applies to the Bill. As a result of the Bill there will be less accountable Parliaments, because they will last longer, and a legislature with a more limited ability to evict a Government who have lost the confidence of the Commons. I say to the noble Lord, Lord Marks, that that is pretty fundamental to me. At the very least the Minister, whom we all value for his contributions on constitutional issues, ought to have a shot at showing where the consistency is between those constitutional changes which are to be subject to a referendum and those which are not.

[Lord Wallace of Tankerness]

My Lords, we have once again had a spirited and interesting debate with a number of important points made. It is also obvious that some of the issues raised went beyond the question of a referendum and into some of the detail of the different constitutional reforms that have either been debated and passed or are about to come down the track.

Perhaps I might start by taking issue with the noble Lord, Lord Grocott, on a couple of the points which he made at the outset. He said that he hoped that never again would he hear that the Prime Minister was surrendering power or determining the date of the election. While it is the case that the Prime Minister and the Government are, in this Bill, putting forward a date for an election as being the first Thursday in May 2015, and while I hope that the Bill will be passed with that in it, that in itself means that the Prime Minister has surrendered a power because it is not possible—

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[Lord Hunt of Kings Heath]

My Lords, the noble and learned Lord will know that the Government’s intention is that when the draft Bill is published, it will then go before a Joint Committee of both Houses for pre-legislative scrutiny. If, as a result of that pre-legislative scrutiny, the Select Committee does indeed report that there are significant constitutional issues involved in the proposals, would the Government then consider a referendum?

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[Lord Hunt of Kings Heath]

I shall make a short intervention. This has raised an important point. There is no doubt, as was said at Second Reading, that this Bill leads to the real possibility of difficulty every 20 years in the close timing of the Scottish Parliament and Welsh Assembly elections on the one hand and the Westminster Parliament elections on the other. All three elections are specified to occur in May under normal circumstances. I understand that the Government are involved in consultations with the devolved institutions on that issue. It would be useful if the noble and learned Lord could report to the Committee on the progress of those negotiations, particularly if there is any potential for amendments to be tabled at later stages.

The noble Lord, Lord Cormack, and my noble friend Lord Howarth have each put forward a different approach. They may have noticed our Amendment 52, which suggests a third approach. It states that a,

“general election shall not be held within 30 days of a general election to the Scottish Parliament, National Assembly for Wales or Northern Ireland Assembly”.

Today’s debate will be helpful in allowing us to discuss this matter more fully later.

I agree with my noble friend Lord Howarth and the noble Lord, Lord Cormack, that there should be stand-alone elections in the devolved Administrations. As my noble friend pointed out, we know the problem of holding different elections on the same day with different voting systems. I should have thought that it would be foolish to repeat the problem that we have seen in the past. I hope that the Minister will be sympathetic and at the very least update us on the discussions with the devolved Administrations.

[Lord Wallace of Tankerness]

My Lords, I thank my noble friend Lord Cormack and the noble Lord, Lord Howarth, for tabling the amendments and giving me an opportunity to update the Committee further to what I said on the Second Reading. My noble friend Lord Cormack asked the Government to think carefully about this and I confirm that we have done so. As was indicated from the evidence given by my honourable friend Mr Mark Harper to the Constitution Select Committee, this is an issue that we have considered and on which we have been in consultation.

I have much sympathy for the points that have been made and the underlying purpose of the amendments in trying to separate out the dates of the 2015 United Kingdom general election and the general elections to the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly. As has been indicated, it is not solely as a result of the Bill that a conglomeration—if that is the right word—of elections could happen. Indeed, it would happen only once every 20 years but it so happens that the first time would be in 2015. The Bill has given advance warning. Clearly under the present system, towards the end of the five years for which this Parliament was elected, a decision could have been taken to have an election on 7 May 2015 and there would not have been the opportunity to have the same kind of consideration and consultation that we have had.

One reason why the Government would not favour the proposal in the amendment tabled by the noble Lord, Lord Howarth, is that all three devolved assemblies will not always hold their elections on the same day. I think that it has always happened to date that the Welsh Assembly and the Scottish Parliament have held their elections on the same day, but the Northern Ireland Assembly has not always done so. I can check but I understand that this coming May is perhaps the first time that all three have coincided on the one day. I also take the point made by the noble Lord, Lord Empey, that two months may not be a sufficient gap between the elections, if indeed the purpose of separation is to ensure that one is not overshadowed by the other. Apart from the stresses and strains that two months might put on those who would be in permanent campaign mode, it might be difficult even then to disentangle the relevant issues as to which was devolved and which was reserved to the Westminster Parliament.

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Subject to these amendments being accepted, in the longer term we will need to carry out a detailed assessment of what the implications would be of the two sets of elections coinciding at a later date. In the light of this assessment, we would consider whether to conduct a public consultation in Scotland and Wales on whether the devolved institutions there should permanently be extended to five-year terms. That is not for consideration now. It would be something we would wish to consider further down the line. I confirm that it would be our intention to bring forward an amendment in Committee—certainly in the case of Scotland because the Scottish Parliament has passed the resolution, and we will wait to see what Wales will do—so that those who go to the polls on 5 May this year know the length of the Parliament which they are electing.

[Lord Hunt of Kings Heath]

I am sorry that the noble Lord, Lord Marks, is not in his place because I presume that on that basis he would argue that, since the proposal might be to extend the devolved Administrations from four years to five years, it should be determined by referendum.

[Lord Wallace of Tankerness]

My Lords, I do not think that a referendum would be appropriate in those circumstances, not least because people go to the polls on 5 May, which is about six weeks away, and we could not hold a referendum in that time. It is important that people know the term of office of those they elect on 5 May. That is why we wish to bring forward that amendment in Committee. We await the outcome from the Welsh Assembly.

Northern Ireland Office Ministers are conducting separate discussions with the parties in Northern Ireland on this issue and have concluded that it would be better to await the outcome of the combined polls scheduled for May 2011 before taking a decision on whether special provision will be needed for Northern Ireland.

For the reasons I have outlined, and in the light of the fact that we have been working not only with the parties but with presiding officers in Scotland, Wales and Northern Ireland, I hope that the concerns that legitimately motivated these amendments have been addressed, and I invite the noble Lord to withdraw his amendment.