Procedure and Privileges

Lord Judge Excerpts

Tuesday 13th July 2021 Lords Chamber

[Lord Judge (CB)]

My Lords, I will try not to. Just about everything that can be said in this debate has been said, so I am going to say a bit more. I ask noble Lords to notice that I am speaking just before the wind-up speeches from the leaders of the two main opposition parties. I underline that the Cross-Benchers are not a party or group. I see the noble Lord, Lord Strathclyde, is not in his place, but could somebody remind him that I have said that? I am speaking on behalf of myself and nobody else.

I support the Senior Deputy Speaker’s report, but then I would, would I not? I am a member of the commission and of the Procedure and Privileges Committee. There are so many committees that I am a member of, I can probably speak for every single committee in this House.

I think we are envisaging a return to a pre-pandemic normal but one that is enlightened by some of what we have learned in dealing with the pandemic. There are a number of matters I could draw to noble Lords’ attention. We have discussed disability. I am so glad about that; the Cross-Benchers raised it almost at the very outset. There was an absolute unanimity of view that we had to use our new technological skills to ensure that disabled people could continue to play their part in the House. I am absolutely delighted that that is going to happen.

I do not support the amendments but I respect them. I am one of those larks: I love getting up in the morning and there was a time when I actually used to enjoy getting up for work in the morning. I am not an owl, so I am attracted to earlier starts—though 1 pm is not that early. But before we agree to that amendment, could we check that we would not be reducing the contribution made to this House by experts who continue to use their expertise outside this House?

Some noble Lords referred to the grand people, the doctors and the lawyers, but what about the engineers, teachers, university professors and—if I may say so to the noble Baroness, Lady Jones—the environmentalists, who are still at work? They have a contribution to make and we need to be very careful that we do not adjust the times and lose their contributions. I am not saying that it will happen, but it is not something that we should plunge into.

I am also a little concerned about the work of Select Committees. We now have many more Select Committees. We do not have the proper facilities for all of them: a facilities room with audio, broadcasting facilities, facilities to work in a hybrid fashion. We need to check that, if we have an earlier time, we will not make it more difficult for members of committees to attend the Chamber. They have an invaluable contribution to make and should not be disqualified because they are simply following their duties as members of a committee.

I have great sympathy with the amendment in the name of the noble Lord, Lord Cormack; I was one of those in the minority when the ballot took place. I believe—and continue to believe notwithstanding the result of the ballot—that speakers’ lists for Oral Questions have been disadvantageous to everybody except Ministers. Ministers have got away with obfuscation for 18 months now. We are not doing anything about it if we have a speakers’ list. However, the House took a different view: a view which I respect and do not share. We have to abide by it, at any rate for the time being.

We have to be careful not to get carried away about how discourteous everybody is during Oral Questions. Yes, there are some people who behave badly; most of us do not. I think it is also very bad behaviour for people to go on asking questions at great length so that numbers eight, nine and 10 on the list do not get reached. It is a different form of discourtesy, but it is discourtesy nevertheless.

As for the amendment in the name of the noble Lord, Lord Balfe, there is a very important principle involved. We need to consider whether we rewrite the way in which the House conducts its business in relation to the principle of self-regulation. It is a principle; chapter 4 of the Companion to the Standing Orders is absolutely clear about it, and there is a lot of chapter 4. The Lord Speaker

“observes the same formalities as any other member of the House, addressing the House as a whole, and not an individual member”.

There is much to be discussed in the noble Lord’s amendment but it is appropriate for examination in a single-issue debate, not as an add-on to this debate, because it has some very fundamental questions to answer about the way the House does its business. Let us return to the enlightened normality.

I will add one word recognising one speech in particular: did not the noble Lord, Lord Tyler, speak a great deal of sense about government control of the way we do our work?