Schools Bill [HL]

Debate between Lord Hunt of Kings Heath and Lord Grocott

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Lord Grocott (Lab)]

If that is the case, I must have dozed off at some stage. Does it not say “Report be now received” on the Annunciator? I am sure the noble Baroness is right, but the procedure suggested by the noble and learned Lord, Lord Judge, would have been perfect. During the passage of the Bill I considered several times recommitting sections of it to consider them, and to then go back to Report in the normal way. If we are now proceeding on Report, that opportunity has passed. We will be back to the situation where, if the Bill gets a Third Reading, we will need to do something much better for the way in which we consider a massive number of Commons amendments—unless of course we follow the suggestion of the noble Lord, Lord Cormack, which is to adjourn now and see if there is another way of dealing with it. I am afraid that the suggestion of the noble and learned Lord, Lord Judge, will not function now.

[Lord Hunt of Kings Heath (Lab)]

My Lords, as I think we are debating my Amendment 1, it might be helpful if we carried on, because in order to withdraw the 18 clauses we need this debate to start and, I hope, come to a speedy conclusion. I want to say three things.

First, I thank the Minister for listening to the House and agreeing to support the withdrawal of the first 18 clauses of the Bill, which are the bulk of Part 1. We appreciate that she has listened. Secondly, it is clear that the usual channels will need to have further discussions between now and Third Reading, and that part of those discussions will be about whether the House lets the Bill have a Third Reading and about the procedure to be followed if the Bill comes back to us. By the way, I think it is going to be many months before it comes back, given that the noble Baroness’s review has to take place. I assume there has to be consultation and that instructions then have to be given to parliamentary counsel, and a whole new set of clauses has to be introduced in the Commons.

Thirdly, having listened to the noble and learned Lord, Lord Judge, and my friend the noble Lord, Lord Cormack, my experience is that, whatever the Companion says, the House can do what it wants to if it has been agreed as a sensible way to deal with a situation. At this stage, we should be content to leave it to the usual channels. If they have heard the voices of the House, at this point the Bill is unlikely to go through on Third Reading, unless there are sufficient guarantees that when the new amendments come back there is not just “a day”. Essentially, we should treat it as a Committee, go into Report and then it would go back. That is just my opinion, but it seems that we should now proceed.

I will obviously not press my Amendment 1 and will not speak to Amendments 2 and 3, to use the terminology as I understand it. But we should thank the Delegated Powers Committee and the scrutiny committee, along with the noble and learned Lord, Lord Judge, the noble Lord, Lord Baker, the noble Baroness, Lady Meacher, and my noble friend Lady Chapman. What they have done in the Bill is to identify a real and growing problem of the Executive drafting legislation in such a way that the role of Parliament has been undermined. It is very important that this House has put down a marker to say that we will not accept Bills like this in the future. In many ways, that is even more important than the first 18 clauses.

Procedure and Privileges Committee

Debate between Lord Hunt of Kings Heath and Lord Grocott

Tuesday 5th July 2022 Lords Chamber

[Lord Grocott (Lab)]

If the noble Lord wants to put down an amendment saying that the 8.30 pm rule or the 10 pm rule should be compulsory and there must be a guillotine at that point, that would be worth considering, but I do not want to be too revolutionary.

I will try to conclude now, and I want simply to say this: all changes in this House of any procedural kind have nearly always been ferociously opposed. The one that I still bear the scars of is one we dealt with some years ago: changing Wednesdays and Thursdays. I know that most noble Lords will look blank when I mentioned this, especially if they have come here reasonably recently. Until this change took place, Wednesdays were the day on which general debates took place, along with Private Members’ Bills and non-divisible Motions. On Thursdays, we reverted to government business and— I will say this slowly—we started at 3 pm, finishing at 10 pm. It was not very friendly for people who do not live in London. That change of swapping those two days, which I suggested, was ferociously opposed. I do not think—although I will happily be intervened on if necessary—that there is a soul here now who would say, “Let’s go back to that. Let’s go back to starting at 3 pm on Thursdays and finishing at 10 pm”.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I see that the noble Lord, Lord Strathclyde, is about to rise. I want to remind my noble friend that, when the noble Lord was Leader of the Opposition, he thought that the end of civilisation would come if we swapped Wednesdays and Thursdays. The reality is that we are still here.