King’s Speech
Lord Kakkar Excerpts(1 year ago)
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Lord Kakkar (CB)
My Lords, it is a distinct pleasure and privilege to follow the noble and learned Lord—my noble and learned friend—Lord Burnett of Maldon, and to be the first in your Lordships’ House to congratulate him on his marvellous maiden speech. As he can see, it was deeply appreciated by all Members of the House.
My noble and learned friend has had a most distinguished legal career. He was called to the Bar at Middle Temple in 1980. In 1998, he became a Queen’s Counsel. In 2008, he joined the High Court. In 2014, he became a Lord Justice of Appeal. In 2017, he was appointed the Lord Chief Justice of England and Wales. It was at that time that I came to know him, because I was involved in that process as chairman of the Judicial Appointments Commission. I then had the privilege of working with my noble and learned friend as we explored questions of judicial appointment together in the following six years.
My noble and learned friend is known not only for his brilliant intellect as a lawyer and the clarity and perfection of his judgments, but also for the fact that he is a kind, decent and compassionate man who brought those marvellous qualities together to ensure that justice was properly administered and that every citizen living in this great jurisdiction of England and Wales could go about their business with confidence, knowing that our judicial system was supervised in such a responsible and thoughtful way. My noble and learned friend did this throughout his career, always emphasising in equal measure a deep commitment to securing the rule of law, as we have heard, and to broader public service. Noble Lords will benefit in the years to come from his ongoing contributions to the work of your Lordships’ House.
That is why I find myself, unusually, participating in this debate on matters of justice, devolution and home affairs—my contributions in the House have been principally on healthcare and science. With the leave of your Lordships’ House, I will continue this contribution and build on some of the concepts regarding the rule of law that my noble and learned friend has so powerfully put to your Lordships today.
The rule of law is fundamental to the security, liberty and well-being of every citizen in our country, and this Parliament, and your Lordships’ House in particular, has a deep commitment and obligation to secure the rule of law in our country. We have heard that a number of elements are essential to securing this, one of which is to continue to protect an independent judiciary. As part of securing the independence of our judiciary, we must continue to support wholeheartedly the independence of the judicial appointment process. Indeed, since 2005, all political parties have continued to commit to the independence of that process through a continuing commitment to the elements of statute in the Constitutional Reform Act 2005 and the regulations that attend it, which have secured the independence of that process for nearly 20 years.
Beyond the independence of the judiciary, which is secured on the basis of independent judicial appointment, Parliament, and your Lordships’ House in particular, has a second vital responsibility: to ensure that the legislation that eventually lands on the statute book is of the highest quality, and is sufficiently clear in its purpose that the courts can exercise their responsibility to the law and not be forced into excessive interpretation or overinterpretation because of a lack of clarity and appropriate purpose, and therefore applicability, of the laws they have to consider. Failure to provide high-quality legislation has the potential to draw the courts and the broader justice system, and therefore the judiciary, into unnecessary controversy, which could undermine the standing of the judiciary and therefore potentially generate calls for interference in its independence. That could substantially undermine the rule of law, which would be a serious and unfortunate consequence of Parliament not legislating in a properly thoughtful and effective fashion.
In that regard, the scrutinising role of the upper Chamber has a particular importance and resonance. We have heard already in this debate—yesterday from the noble Lord the Leader of the House and then further today—about not only the number of amendments your Lordships had to consider in the previous Session of Parliament, but the number of votes undertaken in this House. This is all absolutely appropriate if we go about it in the right fashion for the right purpose, but it also provides the opportunity to be misunderstood and, in being misunderstood, for the standing of your Lordships’ House to be undermined. If that were to happen, there might be a risk that the quality of future legislation is further diminished and, in a circular way, we start to undermine all those things that are so important to us, to this Parliament and to all our fellow citizens. That must not be allowed to happen.
Inevitably, of course, politics dominates the work of a Parliament, but in that political environment there must be the opportunity not only to undertake appropriate scrutiny of legislation but to propose amendments, and for that to be considered in a constitutional fashion, between two Houses of Parliament, to ultimately deliver the obligation we all have to our fellow citizens.
European Union Referendum Bill
Lord Kakkar Excerpts(8 years, 11 months ago)
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Lord Higgins
My Lords, I intervened earlier, and I would like to take up the point I made in that intervention in a moment. I begin by saying a little about the substance of the proposal about votes at 16. I remain of the view, as does my Front Bench, that this is an inappropriate vehicle to carry out such an important constitutional change. The danger is that we have had a precedent of changing the franchise in the Scottish situation, and if we were to persist and succeed on this issue this evening, it would be yet another precedent. That would prejudice a longer-term, overall survey of what we ought to do about the age at which people are entitled to vote.
Having said that, if one looks back to 1969, which is the last time we debated it, on that occasion there was very widespread consultation. If we were to have another Bill on the issue, there would have to be widespread consultation. On this occasion, to the best of my knowledge, there has been virtually no consultation whatever. Back in 1969, when the issue had been widely consulted on, I said to my secretary, “If I get a single letter”—at the time, I had 100 letters or so a day—“asking me to give the vote, I will vote for it”. I did not get a single such letter.
Nowadays, we get thousands of emails sent to us. I have not had a single email from someone in this age group saying, “I am a highly intelligent, very politically motivated person”, or even, “I voted in the Scottish referendum”, and “I would like the vote”. I have had no such representation. I believe that this is being generated inside the House itself.
I turn to financial privilege, which has been raised. I totally reject what the noble Lord, Lord Tyler, said: that this is somehow a massive conspiracy suddenly cooked up in the other place to override us, and so on. I do not think that is so. The procedure on financial privilege is well established. As my noble friend Lord Dobbs said, it has been used time and again. The reality is that if the Commons decides to reject something, as it has done very decisively on this issue several times, a committee is sent behind the Chair to look at the reasons why the Commons is rejecting the Lords amendment. That committee sits behind the Chair, it is advised by the clerks and not infrequently comes up with the proposal that it has relied on on this occasion. It is a quite normal process and in no sense a sudden new conspiracy. I am not at all sure about the point made by my noble friend on the Front Bench as to whether that is the only option that that committee has to put forward as a reason. I believe that, if it wished, it could put forward other reasons as well. But, normally, it comes up with a resolution as far as this is concerned.
What is happening is perfectly normal and not, as the noble Lord, Lord Tyler, suggests, in some sense a conspiracy. As my noble friend said a moment or two ago, we really have to consider very carefully whether it is appropriate to bounce the amendment back yet again. I believe that the answer very clearly is no, because the response that we are going to get at the other end is equally clear—it is going to be to reject whatever amendment the noble Baroness, Lady Morgan of Ely, puts forward. So the sensible course of action is to reject Amendment A1 and accept Amendment A. That would be an appropriate thing to do.
Finally, one might consider why there is such an enormous apparent division on this issue between this House and the other place on the age when it is appropriate to vote. This is not a partisan issue and not something where everyone has clear-cut positions. It is rather curious—but perhaps this House is more expert on grandchildren and the other place is more expert on children. They have clearly taken the view that they do not think that their children should have the vote at the age that is suggested. We should respect that view, go along with the amendment proposed from the government Front Bench and reject that put forward by the noble Baroness, Lady Morgan of Ely.
Lord Kakkar (CB)
My Lords, my noble friend Lord Patel will recognise the advice given to all trainees in the craft specialties—that to be a good surgeon one needs to know how to operate and, to be a great surgeon, one needs to learn when to operate. So, too, one might presume that a Second Chamber, certainly one with the powers of your Lordships’ House, to be a good Chamber needs to know how to use its powers and to be a great Chamber needs to know when to use its powers for the maximum benefit of our fellow citizens, for the good of this Parliament and for the good of our nation.
We have heard important arguments on financial privilege. I have always understood that it is not the position of your Lordships’ House—and it probably has not happened this afternoon—that a decision of the Speaker of the House of Commons is criticised. Those are very important pronouncements, made as part of a considered and long-respected process. It is also difficult to argue that the other place has not considered this matter on a number of occasions and has reached the same conclusion: that at this point it does not wish in this manner to extend the franchise to 16 and 17 year-olds. Most importantly, it is a question of a referendum in a representative democracy. The people of our country send their representatives in the other place and, in that place, on the vast majority of occasions, to exercise their judgment on behalf of those who have sent them. On very few occasions, those elected representatives decide that they must seek the further advice of those who have sent them to the House of Commons by way of a referendum to help to guide the decisions that they will take on serious matters. This is one such occasion, and it seems completely wrong for the unelected but powerful second Chamber to keep on insisting to those seeking the advice of those who have sent them to the other place that the franchise must be changed. It seems completely logical that those who have responsibility in the other place for these matters seek the advice of those who have elected them—that is, the general election parliamentary franchise—and that your Lordships’ House, having I think quite rightly previously argued the case for extending the franchise, on this occasion respects the views of the other place and allows this matter to pass.
Data Protection: Legislation
Lord Kakkar Excerpts(9 years, 8 months ago)
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Lord Faulks
The noble Lord makes a valuable point. He will know that the ICO monitors security breaches, and that if it finds that an organisation has failed to put in place measures to avert a security breach, it has powers to issue monetary penalties of up to £500,000. None the less, I entirely accept the essence of what he says.
Lord Kakkar (CB)
My Lords, I declare my interest as professor of surgery at University College London. What assessment have Her Majesty’s Government made of the potential implications for biomedical research of the proposed revision to the data protection regulations from Europe?
Lord Faulks
The noble Lord makes a valuable point. One of the difficult tasks that have to be performed in assessing the appropriate stance to take on data is ensuring that medical research is not in any way compromised, while at the same time making sure that individuals’ data are adequately protected. This issue does not have a simple answer, but it is very much a relevant consideration.
Queen’s Speech
Lord Kakkar Excerpts(10 years, 5 months ago)
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Lord Kakkar (CB)
My Lords, it is not anticipated that there will be any substantial primary legislation on healthcare during this final Session of Parliament, but it is inevitable that your Lordships’ House will have to address issues with regard to healthcare, because the provision of effective health services is such an important responsibility of government, commanding such a substantial proportion of public expenditure and having such a profound impact on our fellow citizens.
I would like specifically to consider issues with regard not to primary or secondary legislation generated here in our own Parliament but the impact of ongoing directives and regulation from the European Union that affect the delivery of healthcare, and most importantly the potential consequences that might attend medical research of the proposed European data protection regulation, which has been considered by both the Commission and the European Parliament and will eventually, potentially in this Session, arrive for consideration in this Parliament. In so doing, I remind noble Lords of my interests as professor of surgery, University College, London, chairman, University College London Partners Ltd and UK business ambassador for healthcare and lifescience.
First, on the ongoing question of the European working time directive, in May 2010 the Government declared that they wished to renegotiate specific provisions of the directive affecting the training of certain groups of junior doctors and the provision of healthcare services more generally. Those in craft specialties such as mine who undergo training that is restricted by the working time directive are concerned that they will not develop the necessary skills and, indeed, judgment to serve as independent practitioners and consultant surgeons in the National Health Service. This issue must be addressed. The cost to the public purse of providing locums is estimated to be some £200 million a year to allow rotas to be developed covering the working time directive’s 48 hours provision. However, most worryingly, coroners are now starting to cite the working time directive in their narrative verdicts as a safety concern in the deaths of certain patients. Only last week, the newly appointed chief executive of the NHS, Simon Stevens, cited the working time directive as potentially contributing to the closure of local hospitals which are so vital in providing community services for the elderly who are subject to many chronic diseases. At what stage are Her Majesty’s Government’s negotiations with regard to the working time directive and do they anticipate that the issues will be resolved by the end of this Parliament?
A second important issue is that of ensuring that all doctors in this country practise to the same standard. During this Parliament the Government have achieved remarkable success in enabling the General Medical Council to undertake language testing of all doctors who wish to register and practise in this country, including those from the European Union. However, there is still a deficit in assessing the skills and competence of doctors from anywhere in the world, including the European Union, who wish to practise in this country. This is a vital issue. Those graduating from our medical schools have their curriculum assessed by the General Medical Council—I declare my interest as a member of the GMC—but also have their competence tested in examinations in which the General Medical Council has an interest. International medical graduates coming from abroad will undergo tests but those from Europe will not. Do Her Majesty’s Government propose to address that issue in the remainder of this Parliament?
Finally, the data protection regulation will have a very serious impact on the potential to undertake certain forms of vital medical research. The original regulation as drafted by the Commission was satisfactory but amendments to Articles 81 and 83 passed by the European Parliament will have a detrimental impact on large-scale studies such as the UK Biobank, genome mapping and cancer registries. This will have a devastating impact on the progress of medical research and on our ability to undertake large epidemiological studies and more detailed and specific specialist studies which will drive the field of personalised medicine in this country. If this regulation were to be transposed into UK legislation, it would have a detrimental impact on medical research in this country. I would like to ask the Minister what position the Government will take to ensure that this does not happen.
House of Lords: Reform
Lord Kakkar Excerpts(12 years, 7 months ago)
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Lord Kakkar
To ask Her Majesty’s Government what assessment they have made of potential risks arising from proposals for reform of the House of Lords.
Lord Kakkar
My Lords, does characterising House of Lords reform in exchange for House of Commons boundary changes as coalition civility risk an erosion of confidence in democracy, as the people of our country are coming to terms with the spectacle of one party in coalition attempting better to control the House of Commons in exchange for the other party trying to achieve control of a future elected second Chamber, all being pushed through using the Parliament Act in what would amount to a monumental gerrymander?
Lord McNally
That is a rather harsh judgment on the Government. It is right that the case for boundary reform and House of Lords reform are judged on their merits. The Government put them through this House for scrutiny separately. They are not interlinked but are part of the Government’s and the coalition’s overall commitment to constitutional reform.
Elections: Registration
Lord Kakkar Excerpts(13 years ago)
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Lord McNally
This is where I hope that we can call on the experts in all parties to stop those misleading statements. I made clear last Wednesday that we have always had voluntary registration in this country, and that we are not—whichever party is in power, I suspect—going to bring in compulsory registration. But we will bring in a system that will encourage people to complete their civic duties by registering to vote. Rather than throwing barriers in the way, I suggest that all parties, NGOs and others get down to making this system as foolproof as we can, and then get people to register to vote. We can prove by this exercise that some of those fears are groundless. My right honourable friend Nick Clegg and my honourable friend Mark Harper are open to suggestions and are engaged in discussions, and we will do the best that we can.
Lord Kakkar
My Lords, what impact might the opportunity to vote for an elected second Chamber have on voluntary voter registration?
Lord McNally
I think that it would have them flocking to register in their millions. The opportunity and the excitement that that would generate would be almost boundless.
House of Lords: Reform
Lord Kakkar Excerpts(13 years, 1 month ago)
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Lord McNally
My noble friend’s last point is exactly why the Government are being very careful in thinking about just how these matters should be put into law and how Parliament should discuss them. However, the point raised by the noble Lord, Lord Grocott, is dealt with by the CRAG Act. Treaties will be debated in both Houses and can be voted on by both Houses, but the CRAG Act makes it quite clear that the view of the House of Commons would prevail in such matters. That is one precedent that we could look at but, as I say, let us wait.
Lord Kakkar
My Lords, if a future election to the other place were to result in no party being able to form a Government, alone or in coalition, do the coalition Government’s proposals for abolition of your Lordships’ House offer a constitutional impediment to the leader of the party that enjoys the confidence of the elected second Chamber being invited to form a Government?
Lord McNally
Absolutely and clearly—again, the conventions are clear. The statement in the White Paper is quite clear. It is the person and party who command the confidence of the House of Commons that will form a Government in any future circumstances. That will remain.
House of Lords: Reform
Lord Kakkar Excerpts(13 years, 5 months ago)
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Lord Kakkar
My Lords, first do no harm. That is the guiding principle in my professional life as a surgeon. The noble Lord, Lord Ribeiro, also a surgeon, will recognise the importance of that principle in undertaking any major surgical intervention. The proposed Bill, which, effectively, abolishes your Lordships’ House and replaces it with an elected second Chamber, represents in many ways major constitutional surgery. I would like to look at it in that frame, through the eyes of a practising surgeon.
The first question that we have to ask ourselves in any major intervention is: what is the indication for the intervention? Here, it is not entirely clear. The introduction to the Bill and the White Paper makes it clear that the House of Lords does its job well and that, in the future, as a replaced elected Chamber, it is to retain the same functions with the same powers, yet it appears that the purpose is to overcome some democratic deficit. That will be achieved through creating instability through having a democratically elected second Chamber, but with appointed Bishops and with the continuing ability of a Prime Minister of the day to appoint Members to the House. So we will end up in a situation where we have a kind of half-pregnancy, which is not possible; we will have a half-democratic legitimacy. That is a potential source of instability in the future.
Another potential indication for change could be to focus on the proposals that have been discussed on many occasions in the past two days and put forward in the Bill of the noble Lord, Lord Steel of Aikwood. That is a good stepwise direction of change in terms of achieving reform of your Lordships’ House that is urgently necessary.
The second important consideration is always to try to avoid complications and unintended consequences of a particular intervention. Sometimes complications can be fatal and, if they can be predicted, one should take mitigating action to try to avoid them. Over the past two days, we have heard of a number of potential unintended consequences and complications that may attend this Bill if it becomes law. The first relates to the primacy of the other place. There appears to be a consistent and consensus view that one thing that must be maintained is the primacy of the other place. I certainly agree with that. How will that be achieved? It is irresponsible to assume that the primacy will be maintained just because it is the wish of the Government and because a particular Bill says that it will happen.
We have heard that there are 61 parliaments around the world that are bicameral and have an elected second Chamber, but I wonder how many of those bicameral parliaments with an elected second Chamber have no written constitution. How many of them depend merely on convention, which, as we have heard, is a fragile constitutional settlement to ensure a relationship between the two Chambers? That is an important question that the Joint Committee might wish to consider further. Such consideration may help us to understand whether we need to move forward with some form of written constitution, codifying the responsibilities and powers of two elected Chambers, if that is the direction of travel.
Another issue that has been raised, and which I think represents a potentially serious future complication, is the voting methods used to elect Members to the other place and to a future elected senate or second Chamber. We recently had a referendum on methods of voting for the other place and the people of our country decided that first past the post was their preferred method for sending their elected representatives there. The Joint Committee might consider the implications of that vote in determining whether it needs in a future Bill to enshrine the fact that the people have spoken and have declared that the most democratically legitimate method of election is first past the post and that any other method used to elect a second Chamber would be less democratically legitimate than that used to elect the House of Commons.
Another area of considerable concern for unintended consequences is the potential impact on the constitutional monarchy. In our Parliament we have three elements: the House of Commons, the House of Lords and the constitutional monarchy. The Lord Great Chamberlain sits as a Member of your Lordships’ House and one of the important responsibilities of that great office is to serve as a channel of communication between the monarch and the House of Lords. Noble Lords have alluded in this debate to the risk, if there are two elected Chambers at loggerheads, that the position of the constitutional monarch may become complicated and that they may be drawn into political controversy. I suggest that we need an absolute assurance that an unintended consequence of this legislation will not be that in some way the constitutional monarchy is undermined in future.
A third issue of considerable importance is the role of the Parliament Act, which has been considered principally in terms of its use to drive forward potential legislation to abolish your Lordships’ House and to replace it with an elected second Chamber. The Parliament Act also contains a very important reserved responsibility for your Lordships’ House, which is to ensure that the life of a Parliament is not extended beyond five years. We should be concerned about how that responsibility will be maintained in future to ensure that a tyrannical Government cannot extend the life of a Parliament because they control two elected Chambers.
Finally, it is important that we have some form of informed consent. In this regard, it is important at the outset of the process of considering the Bill that the Government commit themselves to a free vote both in your Lordships’ House and in the other place. We need to be absolutely certain that any proposals that are finally considered will enjoy genuine confidence.
We have heard over the past two days that Members of your Lordships’ House lack democratic legitimacy. However, every Member of the House today has important obligations and responsibilities to the people of our country, who expect us to use the opportunities and privileges of membership of your Lordships’ House to serve their interests and to ensure that the laws to which they are subjected are the best possible laws. We must not take for granted the fact that we live in a wonderful country where, over the past 100 years, we have enjoyed democracy, prosperity, the development of universal health care and education, common decency and the assimilation of a variety of different cultures into our society. None of this would have been possible without a stable parliamentary system. In this regard, the relationship between the House of Lords and the House of Commons—the understanding and respect between them—has been absolutely critical. We must think carefully about the consequences of any future Bill and its implications and impact on denying the people of our country the rights, opportunities, obligations and pleasures of being citizens of the United Kingdom.
House of Lords: Reform
Lord Kakkar Excerpts(13 years, 11 months ago)
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Lord McNally
I do not read that into what my noble friend Lord Tyler said yesterday. I trust the Cross Benches to take decisions on votes in this House as individuals and not as a collective group. I know that they will continue to do that. Even more shaming than any threats real or imagined from my noble friend Lord Tyler are the blatant attempts made by the Labour Party to lure the Cross Benches into elephant traps when trying to delay government business.
Lord Kakkar
My Lords, have any of the newly appointed Peers been asked to give an undertaking that they would support House of Lords reform as envisaged by the Deputy Prime Minister?
Lord McNally
My Lords, it is always good to have a contribution from the Cross Benches. No such assurances have been asked for and they would be pretty valueless for the reason I gave earlier. I can see faces on the Benches opposite who I remember in their radical youth wanted to burn this place down, and they are now enthusiastic supporters of no change at all.
House of Lords: Reform
Lord Kakkar Excerpts(14 years, 4 months ago)
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Lord McNally
I think that the best way we can ensure that is to move quickly to reform this House. We will have that opportunity in the Bill that my right honourable friend has promised for the end of this year and the pre-legislative scrutiny that will take place next year.
Lord Kakkar
My Lords, is it the view of Her Majesty’s Government that your Lordships’ House is currently failing the people of our country? If it is, how best should we correct ourselves at the moment?
Lord McNally
On the contrary, I think that successive Governments have the scars to show that this House does a very good job. One reason why this House has survived is that it has shown an ability to bend rather than to break—to recognise the case for change. We need only look at what is happening now, long before any Bill, to see that the process of change is already carrying on—and we are all the better for it.