(11 years, 12 months ago)
Lords ChamberOn 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.
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.
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.
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.
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.
(12 years ago)
Lords ChamberMy 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.
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.
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.
(12 years, 6 months ago)
Lords ChamberMy Lords, the only Bill emanating from my noble friend Lord Steel that has passed through this House was the one that languished in another place at the end of the previous Session of Parliament. I think it extremely likely that the Government’s proposals will include aspects of my noble friend’s Bill, and they should be discussed in that context.
I move on to the next part of this speech in support of the gracious Speech. I hope that, in a moment, the noble Lord, Lord Hunt of Kings Heath, will speak with his usual clarity. Out of nowhere, Labour now says that it will support a Lords reform package provided the Cross-Benchers are removed. I wonder what the Cross-Benchers did to deserve this. There has been no mention of it over the past 10 years, but suddenly the Cross-Benchers must be flung out of this House before the Labour Party will support the consensus. I say to the Cross-Benchers that they need to pick their friends rather more carefully.
Secondly, there is the codification of powers so that the newly elected House will have less power than the existing appointed House. This is a new sort of rich absurdity that has crept into this debate. The noble Lord, Lord Hunt, shakes his head; is he saying that he does not want codification of powers? The other day he seemed very keen on it. He will be able to reply in a moment.
It is a great pleasure to intervene in the noble Lord’s remarkable speech this morning. The issue of powers, which has now been fully explored by the Select Committee and the alternative report, is very clear. With two elected Houses, there is a great danger of gridlock and a fight for legitimacy. That is why some codification is necessary. The issue of an elected House having fewer powers than this House is a red herring because this House does not use all its powers since it is not elected.
My Lords, the noble Lord has responded to my invitation to speak with clarity. Labour will support only a 100% elected House with a codification of powers that means that the elected House will have less power than the existing one. The noble Lord can quiver and quibble—he and his noble and learned friend Lord Falconer of Thoroton can do all those things—but in the end they need to be clear on all this. I wonder where all this nonsense came from. Throughout the past 10 years, no Joint Committee, White Paper or any aspect of this has ever mentioned that Labour was in favour of the codification of powers.
(12 years, 7 months ago)
Lords ChamberMy Lords, what the report says is:
“The Committee recommends that, in view of the significance of the constitutional change brought forward by an elected House of Lords, the Government should submit the decision to a referendum”.
That is pretty clear. The noble Lord is being rather pedantic on that point.
Time moves on. We have debated many other issues and I wanted to pick just three from our debates. First, on the question of representation, the noble Lords, Lord Trimble and Lord Dubs, made some excellent points that elected Lords will expect to represent their constituents and should be resourced to do so. That must be part of their accountability to the electorate. We cannot have a situation whereby elected Members of Parliament are discouraged from direct contact with their constituents and almost inhibited from helping them with constituency cases.
On hybridity, I sense strong concern in our debate. One can see why it would be attractive to retain an independent element in an elected House, but I suspect that the 20 per cent appointed Members would feel increasingly uncomfortable and isolated in a House dominated by elected politicians. If the votes of the appointed Members helped to thwart the views of a majority of elected Members, I doubt that they would last very long. I well remember when we were in government, particularly in the early days, that when we lost votes, we put out press notices which showed that it was because of the way that hereditary Peers had voted. The temptation for any political bloc to do that would be overwhelming. Hybridity is a nice idea. One understands why it is being put forward, but I sense that in two days of debate, the argument has fallen.
My Lords, let me be clear about what the noble Lord is saying. Is he saying that the Labour Party’s position is that it would not support a Bill unless it was for a 100 per cent elected second Chamber without the Cross-Benchers?
My Lords, we have always said that we would support a 100 per cent elected House.
(12 years, 10 months ago)
Lords ChamberMy Lords, I am sure that at Report on the Bill there will be issues which relate, however indirectly, to the finances of the National Health Service. Perhaps I may ask the Leader of the House whether the Government could give an indication of the procedural implications for this House on the Welfare Reform Bill following a Statement on financial privilege by the Minister earlier today in the other place.
My Lords, I thank the noble Lord for his kind invitation for some procedural advice. We will be dealing with the Welfare Reform Bill when it comes back from another place. I should say that matters for privilege are not a matter for the Government but a matter for the House of Commons and the Speaker of the House of Commons on advice from his clerks. The position of privilege has of course been jealously guarded by the House of Commons since 1671. It is well precedented and there is nothing unusual, although the second Chamber might always think that the Commons using financial privilege is a little unfair.
We will get to that Bill in due course. I cannot comment on the Health and Social Care Bill, which is of course the subject of the Motion before us now, as to what the Government’s attitude will be on defeats. But, as I said earlier, there is nothing unusual about financial privilege being prayed in aid. Since there are many former Members of another place present in this House I am sure that they will readily understand.
I thank the noble Lord, Lord Strathclyde. Perhaps I may come back to a point he raised. I am sure that the procedure was followed appropriately in the other place and I assume that the Government made application to the Speaker. The question is whether it was wise for the Government to use this process in this place, because, essentially, they are hiding behind parliamentary procedure to curtail consideration of the amendments that your Lordships passed on the Welfare Reform Bill. In essence, my noble friend has put it absolutely right: if the Government continue to do this on these Bills, our role as a revising Chamber is effectively undermined.
I simply disagree with the noble Lord. This situation has existed for 350 years. It was as though the noble Lord were suggesting that the Government had found some new ploy to stop the will of the House of Lords. I think that the noble Lord, Lord Grocott, will agree that we are an unelected House. The House of Commons is an elected House. It has protected its financial privilege since 1671. Nothing has changed for the debates that we will no doubt have on the health Bill and the welfare Bill.
(12 years, 10 months ago)
Lords ChamberMy Lords, the Government can proceed only on the current constitutional framework. We will of course take all relevant factors into account when planning the timetable for reform.
My Lords, I am enormously grateful to the noble Lord, Lord Strathclyde, for that illuminating response. Remarkably, it appears that Mr Clegg’s Bill is to be the centrepiece of the Government's legislative programme for the next Session. However, this will be in advance of the outcome of the Scottish referendum which could—I am sure the noble Lord will agree—have profound constitutional significance for the United Kingdom. How will the Government take that into account? Furthermore, as Scotland is to have a referendum, why on earth are the British people not to be allowed one on Lords reform?
My Lords, there were a number of questions there. The noble Lord is right that it would have profound constitutional implications for the United Kingdom if there were to be a referendum result in Scotland in favour of breaking up the United Kingdom. However, as I said in my Answer, we can proceed only on the current constitutional framework. If there is a Scottish referendum, I for one—and, I am sure, the noble Lord for another—will campaign in favour of retaining the United Kingdom. The Government of course considered the case for a referendum on the future of the House of Lords. However, given that all three manifestos in the most recent election were remarkably similar on reform of the House, we feel that people's views have already been taken into account.
(12 years, 11 months ago)
Lords ChamberMy Lords, I agree with both points that my noble friend makes. However, the fact is that if we end up with a wholly elected House or a partially elected House, and if the relationship between the two Houses becomes strained, it is up to parliamentarians in both Houses to find the best way of sorting that out.
My Lords, the noble Lord referred to this as a Christmas question, but I do not detect too many turkeys in your Lordships' House this morning. He cannot get away with that. When he quoted from the draft Bill, he omitted the second part of Clause 2(1)(c), which states that nothing in the proposed Act affects the,
“conventions governing the relationship between the two Houses”.
The noble Lord should go back to the 1911 Act’s preamble, which makes it clear that those conventions were developed to allow for a relationship between an elected and an unelected House. They cannot apply to two elected Houses. This draft Bill and previous draft Bills are defective because they do not get to the crunch of the issue, which is the relationship between the two Houses.
My Lords, the conventions can apply but they may well evolve in the years after we have an elected senate.
(13 years, 1 month ago)
Lords ChamberMy Lords, no is the answer to the last part of my noble friend’s question, but he is right that, if we do not fundamentally change this House, at the start of every new Parliament where there is a change in the Government the House would continue to increase. The Constitution Unit at UCL has done a useful piece of work examining this. On the current general election figures, if we were to put the policy into effect immediately, it would mean an increase of 82 Conservative Peers. I can tell the House that we are not about to announce 82 Conservative Peers.
My Lords, given the uncertainties as to whether the Government will achieve substantive reform in this Parliament, why do they not say that they will take over the Steel Bill?
(13 years, 1 month ago)
Lords ChamberI am not sure that I detected a question. The Government believe that it is time to deal with the issue of succession to the Crown, and there is no simple read-across to succession to the hereditary peerage, which is infinitely more complicated and affects many more families.
My Lords, the noble Lord said that it would be difficult to implement, but will he suggest to the noble Lord, Lord Trefgarne, that he perhaps should seek to amend the Bill of the noble Lord, Lord Steel? On that matter, can he tell me whether tomorrow the Government intend to support the noble Lord, Lord Steel?
(13 years, 4 months ago)
Lords ChamberMy Lords, I think it is probably the Labour Party’s turn.
My Lords, I am most grateful to the Leader of the House. The Minister invested in his Answer considerable confidence in Ofsted inspections, but he will know that in Clause 39 of the Education Bill, which is currently going through your Lordships’ House, the Secretary of State is taking powers to categorise classes of school that will no longer have to receive regular Ofsted inspections. What is the logic of removing schools from those regular inspections, given the problem of bullying that has been reflected here today? It is also known that a considerable proportion of category 1 schools are reduced in category on subsequent inspections.
(13 years, 6 months ago)
Lords ChamberMy Lords, all those who are interested in this Bill will be aware that, last Wednesday, a short debate took place that, at certain times, became quite philosophical about how we should continue Committee stage. I thought that it would be entirely fair and appropriate for me to move this Motion and explain to the House where we are and why we are here in terms of process and procedure.
Last week, the Committee of the Whole House, to which the Bill has been committed, took an unusual decision. On the very first amendment, on the first day in Committee, the Committee decided to leave out from the Bill the very principle of elected police and crime commissioners, which was, as I think the House will know, the essence of the Government’s policy. As the Opposition Chief Whip said at the time,
“It makes a mockery of the discussion and debate on this part of the Bill if we continue as though this has not happened … Having ripped the guts out of a piece of legislation, I cannot see how we can intelligently proceed as though nothing has happened”.—[Official Report, 11/5/11; col. 961.]
He was right. Last week, through the usual channels, I put a proposal to the Opposition to secure a better process for scrutiny of Part 1. I suggested leaving it out of the Bill completely at this stage; I suggested facilitating discussions on the policy off the Floor of the House; and I suggested making time available for detailed consideration in Committee of Part 1 in whatever shape the Commons might send it back to us. The Opposition’s response was to reject that suggestion in favour of continuing with the Marshalled List in the usual way or, at most part, taking Part 1 in a few days’ time at the end of Committee stage. We thus find ourselves resuming Committee in the faintly unreal world where the Bill no longer reflects the principle of the policy which the Government and the House of Commons support. The Government remain in favour of elected individuals as police and crime commissioners. The Government cannot support any of the amendments on the Marshalled List which relate to those parts of the Bill affected by last Wednesday’s vote on Amendment 1. The Government cannot therefore support the scheme of Part 1.
The Committee will thus work its way through the Marshalled List. The Minister’s replies will be limited, but, as the House would expect, she will approach the debate as constructively as she can. But the House should understand that, by voting so early on the principle of the Bill, it has restricted its usual function of scrutiny and revision in respect of Part 1. That is the decision the Committee took, and the Opposition rejected our procedural alternative to where we find ourselves today. For the Government’s part, we will do our best to be constructive as we proceed through the Committee, but we do not accept the new principle of Part 1.
I hope that that explains sufficiently where we are and I therefore beg to move that the House do now again resolve itself into a Committee on the Bill.
My Lords, I am sure that the whole House will welcome the presence of the Leader of the House and thank him for his words. We welcome the Government’s decision to be constructive. The noble Baroness the Minister will know that we very much welcome her and the approach that she has taken in this House since she was appointed a Minister in the Home Office.
The remarks of my noble friend the Opposition Chief Whip were related to the situation which appertained immediately after the defeat of the Government on Wednesday last when he suggested that it might be advisable to adjourn for the evening in order that all Members might consider the consequences. We believe it is best to carry on with the Marshalled List. I hear what the noble Lord says about the principle. He will be aware that consequential Amendment 31 in the name of the noble Baroness, Lady Harris, sets out a construct of a police commission with two elements: the first element is a police and crime commissioner; the second element is a police and crime panel. Many of the amendments to be debated apply as much to that situation and the relationship between a police and crime commissioner and the police and crime panel as they would between an elected police commissioner and a police and crime panel. They embrace issues such as whether there should be pilots, whether the operational independence of the chief constable should be enshrined in statute, and the role of the police and crime panel in being able to veto any decisions of the police and crime commissioner.
It will be worth while for the House to debate these matters. We look forward to the response of the noble Baroness and welcome the fact that she will be as constructive as possible—I never doubted that. I am grateful to the noble Lord, Lord Strathclyde, for allowing us to have this short debate before now moving into Committee.
(13 years, 8 months ago)
Lords ChamberMy Lords, it is good to see my noble friend speaking in this House, as he has done for many years, and long may that continue. Different people will take a different view of what the noble Lord, Lord Grocott, said but he has been entirely consistent since coming here in wishing to preserve the House more or less as it is. It is an important point of view, although not one with which the Government agree.
My Lords, the noble Lord, Lord Strathclyde, too, has been entirely consistent in being a passionate exponent of an elected House. But yesterday he told the House that he expected that dozens, indeed hundreds, of new coalition Peers would be appointed over the next few years. Can I take that as indicating that he is therefore not very optimistic about the prospect of substantive reform?
My Lords, neither is the case. While there is an appointed House, it is always open to the Prime Minister to appoint new Members to it on a cross-party basis and the noble Lord will have seen the coalition agreement on that. However, if Parliament passes a Bill for an elected House, elections would take place.
(13 years, 11 months ago)
Lords ChamberMy Lords, I know that my noble friend speaks for himself in posing these questions. He said that he was glad of my little history lesson. I know that he has done endless research on this question. He is broadly right: there is no statutory basis for the term “working Peer”. It does not appear in the Companion or in our Standing Orders. It has been used in the past as a term of convenience. My view is that all Peers come here to work; no Peer comes here except as a volunteer; and they fully understand the duties that they will have to perform when they get here.
My Lords, I am sure that the noble Lord is right to say that all Peers come here to work, but is not the question whether there is enough room for them to come given the propensity of the Government to appoint many more of their own Peers to flood this place?
We know, my Lords, that there is not enough room. However, I am delighted to say that, very shortly, I shall be receiving from my noble friend Lord Hunt of Wirral a report on retirement from the House. I hope that will point us in the right direction of finding ways to reduce our numbers voluntarily or perhaps even otherwise.
(13 years, 11 months ago)
Lords ChamberMy Lords, I certainly agree that part of the role of Parliament is to accept those who wish to lobby Parliament and parliamentarians in this building, which is why we support the peaceful right to protest. I also agree with what my noble friend Lady Trumpington said. It is a view shared by many people in both Houses that what seems to be a permanent encampment in Parliament Square is no longer necessary, if it ever was. That is why the Government have published proposals to try to tackle the problem.
My Lords, I welcome the report called for by the noble Lord from the Clerk of the Parliaments and acting Black Rod. On the theme of Parliament Square, in his response to the Statement yesterday the noble Lord referred to what he described as the,
“disjointed ownership of different parts of the square”.—[Official Report, 13/12/10; col. 423.]
Will the overall work of the Government in this area produce a solution to that disjointed ownership?
My Lords, we are trying to find a solution that will suit both the owners of Parliament Square. The problem is not so much one of ownership as the way in which the law is applied to the areas under different ownership. We believe that, under the proposals that we are about to publish, we will have an opportunity to solve the problem.
(14 years ago)
Lords ChamberMy Lords, what a fascinating, good natured and good humoured debate this has been. Noble Lords have dealt with this extremely interesting subject that affects all of us with great sensitivity, which is what it requires. This is my opportunity to respond to it. Like the noble Lord, Lord Hunt, I will not give the Government’s view, any more than he gave the Opposition’s view, as this is still a consultative process and, clearly, we have not made up our minds on what we should do about retirement from this House or about a longer-term transition under a reform process. However, as I said earlier, a Bill will be published early in the new year, which will, no doubt, allow us the opportunity to examine these issues.
As for the Bill of my noble friend Lord Steel, which we are to debate on 3 December, the response that will be given from this Dispatch Box will not be my response but will reflect the carefully considered view of the Government on the merits of my noble friend’s case. I am sorry that the noble Lord, Lord Hunt of Kings Heath, questioned the need to have new Peers. Other speakers in the debate admirably made the case for needing new Peers. We need to freshen up our numbers from time to time and we will be doing that very soon. If the only motivation for doing that is to allow the Government to win more Divisions, we would not be giving the Labour Party any extra Members at all. I can confirm that the Labour Party is currently the largest party group in the House of Lords, and after the new Peers enter the House it will still be the largest single party in the House of Lords. Even the coalition is still a minority and will continue to be a minority in the House as a whole.
The fact is that if one takes into account the, shall we kindly say, limited voting of the Cross Benches—
I am afraid that is the case. If we take that into account, then the coalition Government have a practical majority in your Lordships' House. Over the years this House has developed a wonderful reputation as a revising Chamber. However, with the greatest respect, if the House is not able to cause the Government to think again, how on earth can it be a revising Chamber?
My Lords, I assure the noble Lord that I have absolutely no doubt that in the rest of this long Session the Government will be defeated on many occasions, not least with the support of Members of my own party and, indeed, of the coalition. As the noble Lord rightly says, this is a revising Chamber and we have all been here for long enough to know that that is exactly what happens.
I said that this has been an interesting debate and it has. Perhaps one of the most entertaining speeches was that of my noble friend Lord Ferrers. Those who heard it were not surprised to hear a vintage speech. If we ever have an age limit, it should be a movable one which should always be set at a year older than the age of my noble friend. I noted that the noble Baroness, Lady Farrington of Ribbleton, jumped up and reminded my noble friend of his views on women Peers in the 1950s. As we would expect, he dealt with that in a very gentlemanly way. However, he ought to remind the noble Baroness that in the House of Commons the party that voted against the introduction of women Peers was the Labour Party. The noble Baroness has cause to be glad that her party lost that vote in the 1950s. My noble friend Lord Ferrers said that we should blame politicians for the state that we are in, but we are where we are and we must go on.