(7 years, 9 months ago)
Lords ChamberMy Lords, I wish to comment briefly on the point just made by the noble Earl, Lord Kinnoull, about the importance of our Select Committees. Coming from the other House a long time ago, I have been impressed by the work of the Select Committees and the way in which they are impartial in looking at all the issues. I very much regret that they get so little attention in the media, because I think that they merit it and it does not often occur.
The problem with this debate with so many speakers—it must almost be a record—is that all the points one wanted to make have already been made again and again, and the time allowed is such that one must be highly selective on what one concentrates on. I have torn up my original speech and will contribute a few staccato points to indicate broadly where I stand. It is difficult to say anything new.
I compliment the Government and our Ministers on the Front Bench for the way in which they have ensured that this House is being fully involved in the consultations and the whole process. Our Constitution Committee, on which I serve and which has been so admirably chaired by my noble friend Lord Lang, raised early on the need to consult Parliament throughout. I was astonished that the judges took such flak from the media over their judgment on the need to consult Parliament in relation to Article 50, which we are now debating, and the need for legislation for parliamentary authorities to embark on Article 50. They were simply reinforcing the primacy of Parliament. Our Front Bench is to be congratulated on the positive way in which they are taking forward the consultation process.
I voted remain, not least because early in my political career, a long time ago at university, as a young lad from a coal-mining community in Scotland I got involved in the wider debates on the EU and became committed to the belief that we should join the then Common Market, and I have remained with that view and that position. However, I had many negotiations with the EU in various ministerial roles and I became rather embittered by things that I did not want the EU to be doing. For example, so little attention was paid to subsidiarity in so many of our discussions and yet it is very important. I became somewhat less enthusiastic, but I voted remain and still hold that view. However, I will be voting yes to this Bill for all the reasons outlined by my noble friend Lord Hague.
I suspect I am in a minority when I say that we should not regard the referendum vote as necessarily final. That is what I originally thought but, having listened to the debate and the recent speakers, I am in the same camp as they are. We need to remember that the vote was close, that it was different in different parts of the country, as the right reverend Prelate emphasised in his comments, and that it was different between age groups, as the noble Baroness, Lady Smith of Newnham, demonstrated. It was different and it was close.
When I was talking to voters about the referendum, many of them did not know what to believe given the different figures and other issues that were being bandied about. They were voting not about the EU referendum but about issues they were unhappy about generally and wanted to make a protest vote. As I say, this is probably a minority view, but I do not believe that the referendum vote should be decided as final. The real issue is what the reaction is to the outcome of the negotiations, and that is where the final judgment and vote should take place.
I have read the debates in the other place and I am still somewhat confused about the timing and process as to the relationships between the votes in our Parliament and in the European Parliament. When my noble friend winds up, will he clarify what the timing and powers of the European Parliament are in this process in relation to ours?
Much has been made about the benefits of the wider trade negotiations with other major economies and the blocs which will be more open to us on withdrawal from the EU. However, as I understand it, these WTO negotiations have normally taken many years and the benefits could be slow in coming, with some of the disbenefits coming rather faster. I would be interested in the Minister’s comments on how that process of wider negotiations with the other major economic blocs will progress.
I strongly support the points made by the noble Lord, Lord Patel, on the possible consequences for universities and scientific establishments of withdrawal in relation to funding and, possibly even more important, the ability to recruit and retain foreign nationals. I have had many representations on this point, not least from agricultural centres such as the John Innes Centre in Norwich, which has a high international reputation in agricultural and biological research. It is concerned about whether it will be able to attract people in the future.
Allied to that is the position of other EU citizens working and living in this country and of our own national citizens in the same situation in EU countries. This is not only a source of worry to them; it is a worry to businesses as well. The lack of clarity is already having practical effects, as I gather that there is evidence now emerging that Polish workers and others are going back to their countries because of the fear that they will not be able to remain here. I know that the Prime Minister has this issue on board and understandably stresses the need for agreement on reciprocity. However, there is mutual interest between ourselves and the rest of the EU because there is at least as much concern on this issue among their citizens. Is there any possibility of a fast-track process to resolve this at an early stage and remove such misery and uncertainty for so many people?
Finally, I referred in the earlier debate to how long I believe this process is going to take. I was very impressed by the speech of the noble Lord, Lord O’Donnell, on this subject today, with his practical understanding of the realities of the situation. It is clear there are many in this House whose experiences are worth tapping into and benefiting from. Today is a very good example of that.
(8 years ago)
Lords ChamberMy Lords, it is difficult at this late stage of the debate, when so many have spoken so well and covered the ground so extensively, to say anything new, so I shall make a few comments to add my support to points already made.
First, like others, I pay warm tribute to and thank my noble friend Lord Cormack for the extensive work he has done over the years on this issue and to my noble friend Lord Norton, who has wide academic and forensic experience from which we all have greatly benefited.
Secondly, does it matter that we are so large, larger than the House of Commons, and the largest second Chamber in the world? Some say that it does not because we should take into account the nature of this House and that the daily attendance reflects the fact that many Peers have outside expertise and experience, which is partly why they are appointed and why they come mainly when that knowledge can be put to good use. They say that the daily attendance of just under 500 is the figure to use. My noble friend Lady Hooper mentioned this point. I am afraid I have to say that I disagree with her. I cannot accept that argument. Now that the elected Chamber discussion is not on the agenda, I believe size is a big issue for us. It is easy for the media to attack us and create unfavourable public impressions, which are made even worse when Prime Ministers appoint even more Peers because the Government have far from a working majority in this place, so this is now our most vulnerable point. Moreover, the last Conservative manifesto committed the Government to tackle the size of our Chamber and the Public Administration and Constitutional Affairs Committee in the House of Commons is about to embark on an inquiry, so size is back on the agenda big time. We must make our views known.
Thirdly, my noble friend Lord Hunt of Wirral referred to the Association of Conservative Peers, of which I was chairman for some years until earlier this year. The executive of the association produced a unanimously agreed paper which was put to the whole ACP at the beginning of this year and certainly seemed to get wide acceptance and support. Some of the main conclusions were that the Lords should have as an objective a membership no larger than the Commons and that the composition of the House should be responsive to any major changes in support for political parties in general elections.
We had two main recommendations: first, we agreed with the proposal of the working group of the Labour group of Peers—the noble Baroness, Lady Taylor, spoke about this earlier in the debate—that there should be compulsory retirement at the end of the Parliament in which a Peer reaches 80. That was agreed by all of us. Like me, many of us will be affected by that in this Parliament, but I still believe that it is right, and I would happily accept it. I have always supported the measure that the noble Lord, Lord Steel, introduced about retirement, but the number of Peers who have taken up voluntary retirement does not match the number of new Peers coming in, so it is not a big contribution to the size question, however necessary and desirable it is. We must move on. We hear this proposal criticised on grounds that so-and-so, in his-or-her 80s, still makes a good contribution. But so what? Nearly every other profession has a retirement age at, or more usually well below, 80. One’s experience becomes outdated and mental faculties not always so quick as they used to be. I certainly know that some of my experience of working in industry and other areas, which I gave up three or four years’ ago, has become outdated. I do not think this is a very powerful argument, and unless we have this measure, we will reduce the number of new Members with more recent experience and freshness who can come in. Every vibrant organisation needs to have that, and I believe that quite a consensus, in different parties, is now developing for that proposal.
But here is the rub. As the House stands as present, there would be disproportionate effects between the parties from that age proposal. We wanted to avoid that being addressed by the Prime Minister of the day simply approving new Peers, which is the way of dealing with it at the moment, thus adding to the size problem. So we proposed in our paper a system that would keep the size of the House at 600, assuming the number of Lords spiritual stayed the same, allocating a fixed proportion for Cross-Benchers and—this is the key—allocating the remaining 80% to the political parties, with their share of the seats reflecting general election results. This would be achieved, importantly, by internal party elections.
I will just add one other point on the voluntary retirements of Peers at the moment. There is currently a disincentive under this proposal to retiring for many, particularly in the governing party, because another Peer retired is another vote lost and the threat of more Divisions being lost. That is a disadvantage which causes some of us not to undertake that voluntary retirement.
I conclude on this note. We pride ourselves on being a self-regulating House. If we do not address this issue, others, such the Commons Select Committee, will do it for us. I believe there is a compelling case, and I strongly support setting up our own Select Committee to cover all these issues.
(9 years, 11 months ago)
Lords ChamberMy Lords, I welcome this debate, which gives us an opportunity to discuss some of these issues yet again. I thank the noble Lord, Lord Williams, for giving us that opportunity.
We have talked many times about an elected House. As the noble Lord, Lord Butler, said, that issue is in the long grass due to the other place waking up to what it would mean for that House. However, after an elected House, the size of this House is the next big issue in terms of your Lordships’ office. I admire the noble Lord’s objective but strongly doubt the practicality of his proposal and believe that there are better alternatives. As chairman of the Association of Conservative Peers, in the past two or three years I have been involved in a lot of discussions about not only an elected House but the size of the House; whether it is in formal or informal conversations, that issue almost inevitably comes up, after the issue of an elected House. This demonstrates that there is concern in this House about its size and that it may make us look increasingly unattractive, and certainly out of date, if we go on growing at the pace we are. This debate therefore gives us an opportunity to assess the state of opinion on the merits of the various proposals and to see whether there is some way forward. I very much support my noble friend Lord Strathclyde’s remark about conducting an analysis of some of those proposals. Indeed, the Clerk of the Parliaments produced a limited paper indicating some quite technical and more modest proposals for reducing the size of the House. However, my noble friend would intend that to go further, and I support him in that.
I want briefly to use this opportunity to indicate where I stand on the question of size. It cannot be defended that we are the second largest assembly in the world, only behind the Chinese National People’s Congress; and we are, even at that, an assembly with limited powers. There is, of course, the impact on facilities and costs, to which the noble Lord, Lord Williams, referred, and I have seen the document produced by the Clerk on this, which indicates that introducing a modest proposal by which people can take retirement voluntarily could be done at additional cost; but I will come back to that point later. Certainly, the effect on the facilities and the costs of the House overall are considerable.
There will always be occasions when our numbers will be added to from the dissolution and resignation honours, additional arrivals proposed by the Appointments Commission, and so on. Inevitably, there will be new appointments at the end of a Parliament and sometimes at the beginning of one. On the one hand, we are constantly going to have new people coming in—I will talk about fresh blood in a moment—but there is also the slow pace at which we deal with size at the other end. So where do I personally stand? I want to spend my time going briefly through the alternative ways to reduce the numbers to compensate for the fresh blood. It is, of course, extremely important that we have the fresh blood, and we should recall that experience and expertise can get out of date as the years pass, and the issues that involve experience and expertise are very different. That is why we definitely need the fresh blood.
First, the question of the hereditaries should be allowed to wither on the vine and we should no longer have the process of an election for another hereditary Peer to replace one who dies.
Secondly, establishing an age limit is also a proposal put forward by the Labour Party working party. This, in fact, I strongly support. That paper was correct; in every other occupation and profession there is an age limit, and we should be no different. There will always be the argument, “Old so-and-so still contributes enormously to the House and we want to continue to have that benefit”. That may in part be true, but it could be argued elsewhere in other professions and in every occupation for which there is an age limit. However, as I said a moment ago, it is important in this context to recognise that experience and expertise can become out of date. Human rights have sometimes been put forward as a reason for not introducing the proposal but that has not been an objection to proposing age limits elsewhere. If we are to reduce numbers to compensate for the fresh blood that comes in, we should establish an age limit. As the Labour Party proposed, retirement should take place at the end of the Parliament during which one has reached the age of 80. In other words, there would be automatic retirement not at the age of 80—it could be 84 or 85 for many—but at the end of the Parliament in which one becomes 80. That is the right proposal; that is what I would support. I have seen other proposals suggesting that the parties should attempt to maintain the party balance but have elections among themselves as to who should be retired at the end of the Parliament. That is not only impractical and would lead to all sorts of different attitudes being taken by different people, but divisive. The proposal of an age limit in the Parliament in which a Peer turns 80 has the merit of simplicity and fairness all round. I would certainly be happy for that proposal to be put forward as an alternative in the Clerk’s paper, as my noble friend Lord Strathclyde suggests.
Finally, on compensation, I have seen the arguments in the Clerk’s paper that indicated, in the proposal he put forward, that there would be a saving in public expenditure if modest compensation was given to people who wished to retire. That paper had a lot of other ingenious ideas that would be well worth exploring, but the argument about public opinion is very difficult to defend on compensation, when people are here not in an occupation in the normal way, but as a great privilege. If we look for compensation for when people retire, I do not believe that that will help the image of the House.
In conclusion, I have always, both in this House and for 27 years in the other place, been opposed to an elected House of Lords, but we must recognise our defects and valid criticisms made of us. If we go on growing and ageing, there will inevitably be such criticisms, which will grow, not least in the media. We should grapple with this issue. Therefore, I support what my noble friend Lord Strathclyde suggests: a paper should be drawn up, not just with the limited proposals that we had before, but that covers all the different alternatives so that we can deal with this ourselves and be seen to be doing so.
(10 years, 4 months ago)
Lords ChamberMy Lords, we live in dangerous times. The Prime Minister’s demotion of this House in his Cabinet reshuffle challenges its rights, its authority and its long established role and status in the constitution. It breaks the mould of British history. It strikes at the very roots of our bicameral Parliament. The place of this House in the Cabinet of every Prime Minister has never been challenged until now. I never thought I would witness such careless disregard for the way our constitution works. The Prime Minister’s exclusion of the noble Baroness, Lady Stowell, from full Cabinet status has rightly shocked all parts of the House. This Motion calls on him to correct his error without further prevarication.
When the blow fell, the events were somewhat blurred, but the facts are now clear. The fog has been penetrated by our Select Committee on the Constitution, whose report was published only last Thursday. The committee’s findings and conclusions make grim reading, but it is essential reading for every Member of this House. It strips bare the Prime Minister’s pretensions that all is well, that nothing serious has happened and that it will be put right at some time or other. Its report into the status of the Leader of this House and the status of the House itself after the reshuffle sets out exactly what has happened and the likely consequences. The committee states:
“The Leader may often have to give unpalatable advice to ministerial colleagues about the chances of their legislation passing the House, or the time it will take. The Leader may have to block proposals which would clearly not pass the House or would be contrary to its interests. The Leader has to express the House's misgivings to departments about their policies. The Leader has to ensure that questions and correspondence from peers are answered promptly and fully. In such matters the Leader needs authority. While some of that authority can come from tangible things like sitting at the Cabinet table and receiving Cabinet papers, some of it is intangible, such as having full Cabinet status on the same terms as senior ministers in the Commons. Having a member of the House of Lords in the full Cabinet sends an important signal to the rest of Government (ministers and the civil service), and to the House itself, about the status of the House of Lords. If the Leader is no longer a full member of the Cabinet there may be a risk that the views of the House are not fully listened to in the Cabinet”.
What a marvellous report it is.
I have witnessed attempts by successive Governments to ignore the views of Parliament, and I resisted them in both Houses. When the committee says there may be a risk, I can assure the House that there is no maybe about it; it is a dead certainty. That is how government and Whitehall work. The Select Committee’s warnings on the constitutional impact of what has happened are vital. It reminds us that it is a core part of our constitution that Ministers are drawn from the legislature and that the legislature is bicameral. The committee says in two more lines, which I will quote:
“It sits very uneasily with those principles for one House of Parliament to be unrepresented in the full Cabinet”.
I believe the Prime Minister’s actions are absolutely diametrically opposed to those principles. They also shatter the Prime Minister’s pretence that his hands were tied by the Ministerial and Other Salaries Act 1975. Which section of that Act dictated that he promote the Minister for Overseas Development to the Cabinet and demote the Leader of the Lords? Why is the Minister for overseas aid made a Secretary of State with full Cabinet rank and pay while the salary of the Leader of this House and her status are downgraded? The Prime Minister needs reminding that the noble Baroness is responsible for all government business in this House and needs 18 Ministers and 10 Whips to report to and assist her in her duties.
I am beginning to understand why the lack of judgment and ill thought-out decisions coming from Downing Street give cause for concern. Did the Prime Minister really expect the Leader of this House to accept the offer to top up her pay by a subsidy from Conservative Party funds? It was a bizarre proposition. Bravely, the noble Baroness has shrugged off her demotion. I know, and we all know, she will serve the Government loyally, and she will serve this House to the best of her considerable ability. I wish her well. She has already made her mark by saying no to receiving money from outside interests.
The views expressed in last week’s Private Notice Question leave no doubt about the strength of feeling in this House. The noble Lord, Lord MacGregor, whom I hope to hear from later in this debate, has relayed the dismay of his colleagues on the Conservative Benches to the Prime Minister. The Prime Minister’s response, which I think all of us have seen, neither mitigates the offence he has caused nor justifies his action. The flattery in his letter of response is transparent. His excuses are spurious, and his promise to mend the damage depends on his returning to power next year.
The Prime Minister, I am afraid, pays scant attention to his responsibility towards this House. He fails to understand that we are a bicameral Parliament and, as such, that this House should be fully represented at the highest level of government. He has trampled on the constitution. He has discarded the principle of equal pay at the same time, quite frankly. His Cabinet has become the unicameral apex of power in a bicameral Parliament. It will not do. His shuffling this House out of its full status in the Cabinet must be reversed, and it must be done soon. I so move.
My Lords, I wholly share the concern that the noble Baroness, Lady Boothroyd, has raised about the position and status of this House. It was because of that that I went to see the Prime Minister last Monday in my role as chairman of the Association of Conservative Peers, accompanied by my noble friend Lord Cope of Berkeley. I want to make it clear that it was on behalf of the ACP.
I do not share quite the attitude that the noble Baroness takes toward the Prime Minister. There is an issue to be resolved, but I do not think it is quite so fundamental, and I want to suggest how I think it can be resolved. I want to make three points. We had a very positive and constructive meeting with the Prime Minister. As the noble Baroness has said, in the light of our discussion he undertook to write to me, and his letter has been shared, I think, widely in this House and also with the leaders of the other parties.
Some of the points are referred to in the valuable report from the Select Committee on the Constitution of this House published just last week. I congratulate the chairman of the committee, my noble friend Lord Lang of Monkton, on the speed with which his committee worked to dissect and clarify the key issues. I think it is worth quoting in full and putting on the record in Hansard four points which the Prime Minister made to us. First, he said:
“I have the highest regard for the House of Lords and for the vital role it plays in the governance of our country”.
The noble Baroness has tended to dismiss that; I do not. I think he sincerely takes that view. He said, secondly:
“I completely share your view, and the view across the House of Lords, that the House should be properly represented in the Government at the highest level”.
Thirdly:
“In particular, I agree that the Leader of the House of Lords should, as a general rule, always be a full member of the Cabinet; unfortunately it was not possible on this occasion, owing to the provisions of the Ministerial and Other Salaries Act 1975”.
Do not worry, I will return to that point. Finally—this is very important, and the noble Baroness well expressed this—
“In the meantime, I want to stress that Baroness Stowell, as Lord Hill’s successor, will in practice play exactly the same very important role that he and his predecessors did in the Government. She will sit at the same place around the Cabinet table, and will have the same full right to speak and contribute to the Cabinet’s business. I will continue to take Lords Business as the second item on the Cabinet’s agenda”.
The Prime Minister says that, as before:
“Baroness Stowell will attend the same internal Downing Street meetings which I hold, including my daily morning meeting”.
I have no doubt whatsoever about the Prime Minister’s sincerity in all of this. I would also add that our concerns on this are about principle and in no way reflect on the current Leader, my noble friend the Leader of the House. She has made a great impression on all parts of the House in her various ministerial posts so far. I am absolutely clear that she will use the powers and positions which the Prime Minister has so clearly outlined to the full extent, whenever it is necessary, on behalf of this House to do so. The concern is not about that; it has been perfectly clear, the noble Baroness made it very clear, and I share it entirely. It is not about the powers or the possibilities open to my noble friend, but about something else. Her role is in no way altered except that she is not a full member of the Cabinet. The concern—and here I agree very much with the noble Baroness—is about the status of the House.
Over my 40 years in Parliament this House has played an increasingly important role in scrutiny of legislation, Select Committee work and so on, making full use of the expertise and experience which exists here. I am deeply committed to that, and this House has played an increasingly important role. The concern is that not having any full member of the Cabinet from the Lords somehow symbolically downgrades the perceptions of our House and the status of the second Chamber. The Select Committee put that very well in the passage from its report which I was going to quote myself, but which I do not need to repeat because the noble Baroness read it out. I totally agree with all that, and the report puts it very well.
(10 years, 8 months ago)
Lords ChamberMy Lords, it is a huge privilege to follow the noble Lord, Lord Grenfell. He has had a most distinguished career, has been a most distinguished Member of the House and has left us with very wise words and great wit. I respect his decision to leave, but all of us will be very sad that we will no longer have his presence in, and contribution to, this House. He has almost disproved the first point that I want to make, which I will come to in a moment, but I repeat: his has been a most distinguished career, and we thank him for it.
I want to be brief and will make only three points. Before I do, I would like to join the many who wish to congratulate my noble friend Lord Steel not only on bringing the Bill before us again but on his persistence on this issue over many years. I also pay tribute to my noble friends Lord Cormack and Lord Norton of Louth for all that they have done.
My first point is on the clauses on resignation and non-attendance. I was going to say, and still will say, that these particular clauses will not have much effect. Of course, the noble Lord, Lord Grenfell, has disproved the point that I wanted to make about resignation, but the proposal on non-attendance will be easy to evade for those who wish to do so. Therefore, despite the noble Lord’s lead, I do not expect much take-up. Nevertheless, it is something on which we can all agree and salvage from the long debates that we have had on House of Lords reform. There is no question that we shall have to tackle again the issue of the size of this House. I know that it is highly controversial and that there are many views. For my own part, I believe that the only long-term solution is to have some sort of retirement date, but it would certainly not be appropriate for any of this issue to be covered in a Private Member’s Bill.
Secondly, Clause 3, on conviction of serious offences, is right in itself, but it is also a small, positive step to avoid much bigger negative publicity. We all know that, despite all the good work of this House, what attracts the headlines, very often for a brief period, is some issue of that sort, which tends to put this House in a bad light. It is very important indeed that we have now taken that power to avoid that negative possibility.
I said that I wanted to be brief, so I now turn to my third point, which has already been referred to by my noble friend Lord Steel, which relates to the matter that Meg Russell of the Constitution Unit at UCL and other academics have raised on the question of Members who leave this House being able to stand immediately for election to the House of Commons. Apart from the fact that any proposal put forward and accepted in this Bill would destroy the Bill itself, I do not see the point of the amendment that they are proposing. Such circumstances are most unlikely to happen. After all, most Peers are appointed because of their experience and expertise. It is very unlikely that an aspiring young politician who wishes to stand for election to the other place would come into that category in the first place.
There are also many other objections. The Appointments Commission would obviously be asking questions about that. As my noble friend has said, leaders of parties would certainly spot that issue. Perhaps the most important point relates to the selection process that would take place before anyone could stand for election. Someone who had joined this House for a short period, who then wished to stand for the other place and retire from this House, would have questions to answer in any selection process. In the ultimate democratic process—the election itself—I am sure that that, too, would be an issue. From long experience of the other House and this place, I simply do not believe that aspiring young politicians would see that as a route to membership of the House of Commons. Therefore, that amendment should be dismissed straightaway.
However, even if someone took that route, so what? My mind goes back to the summer of 1963, when as quite a young person I was asked to join, and agreed to join, my noble friend Lord Lawson as what I think was then called a special assistant to the Prime Minister—we were, I think, the early forerunners of special advisers. I had signed my contract to go and work for Harold Macmillan but he shortly afterwards resigned, and I found myself as one of the special assistants to Sir Alec Douglas-Home. We will all recall that he left this House to stand again—he had already been a Member of the House of Commons—for the other place. He went through the democratic process of being selected and then elected. How much we would have lost if that had not been possible. I therefore feel strongly that there is no point in the amendment being put forward by Meg Russell. It is for the electorate to decide.
I promised to be quick, so I will simply say that I hope that this Bill, unamended, will get a very speedy passage through this House.
(11 years, 8 months ago)
Lords ChamberMy Lords, there is so much with which I agree in all the many tributes paid to Lady Thatcher today. However, at this stage, I will add only a few examples of my own about her qualities. Bearing in mind the point made by my noble friend Lord Lamont, I believe that this session is providing for future historians examples, hitherto not revealed in public, of the many aspects of this remarkable lady and countering the sometimes false images of her. In so doing, I draw attention to a book that has just recently been published by my noble friend Lady Shephard of Northwold—an admirable and timely book—entitled The Real Iron Lady. The book conveys Baroness Thatcher’s character, characteristics and values through the personal anecdotes and recollections of those who, at various times and in various capacities, worked closely with her or were in contact with her. It is a very useful supplement to some of the illustrations that we have had today.
There are a few of my own anecdotes in the book, which I will not repeat today. However, I will briefly recall this afternoon three others, among many memories, each demonstrating a facet of her strengths. Shortly after I was elected to the House of Commons in 1974, I became a member of the Committee on the Finance Bill, which in those days went on interminably and at great length for many days, through the night in the upper corridors of the House of Commons, going line by line through the various proposals in the Finance Bill itself. Baroness Thatcher was at that point our opposition Front-Bench spokesman on economic affairs, so led on the Finance Bill in the Committee stages. On the day of her election as leader, we were meeting in Committee that afternoon and evening. As some others will recollect, none of us on the Committee expected her to be with us at all that evening, given the many interviews that she had to give and the many celebration drinks and so on with all of her supporters. Robert Carr, later Lord Carr, who was then her Front-Bench deputy on economic affairs, took the lead in Committee. I happened to be on my feet, dealing with a very abstruse and technical point on some aspect of the Finance Bill, in full flow at about half past ten, when to my astonishment the door opened and in walked Margaret Thatcher. She proceeded to sit on the Front Bench for the whole of the rest of our session, through the night, leading from the Front Bench. I was so astonished at her arrival, and so obsessed with my technical details, that I am afraid I mumbled a rather inadequate congratulation on her victory. However, we were all absolutely amazed that she stayed to see the session through. That demonstrated in a remarkable way her dedication and very strong sense of public duty, and her commitment to her duty in the House of Commons.
Secondly, as Minister for Agriculture, I was very much involved in the first full-blown reform of the common agricultural policy. We had many sessions in Brussels on that front. We had got to a point in the middle of the night where we were near to reaching agreement, but it went beyond the negotiating brief agreed for me by the Cabinet. I had to refer back to the Prime Minister for her agreement and authority to go ahead in the way that I wanted to. If I remember correctly, this was at about three o’clock in the morning, so I agonised long and hard about when I should ring her to get her approval. I rang at about 6 am, got straight through and heard her response in a very clear voice. Clearly she had been up for some time, working on her briefs—I very much take the point made on this by the noble Lord, Lord Armstrong. I got her agreement and we were able to go ahead. That demonstrated her indefatigable energy, her immense capacity for work and her decisiveness when convinced.
I will add two separate points. On one occasion in Brussels, I collapsed with a burst ulcer in the middle of the night and had to be carted away briefly to hospital. I was astonished the next morning to receive a very large bowl of flowers and a warm sympathy note from Baroness Thatcher herself. It was another example—we have heard many today—of her kindnesses in so many ways. I was greatly touched.
I very much support—because I had experience of this myself—the points made by my noble friend Lord Fowler and others in relation to the way in which she absolutely tore into you if you were not a master of your brief and in full command not only of the facts but of the arguments. This was a bit disconcerting at first. You thought that she was basically disagreeing and that you would get nowhere, but if you persisted and knew the facts of your brief, she would agree. It took me some time to realise that this was her style, because I recognised that it was what I did to civil servants who put forward briefs to me. I always looked overnight for the points that I was not happy about or did not agree with, and started off with those before in the end agreeing with the conclusions that the paper had made. That was a great feature of all the negotiations that we as individuals had with Baroness Thatcher.
My last example is her final speech in the House of Commons on her resignation. As Leader of the House, I was sitting next to her during the speech. It was obviously an immensely difficult occasion and I was very nervous for her. I need not have worried. She defended her record and achievements with great clarity, power and eloquence. Half way through she was questioned by some opposition Back-Benchers—in particular, if I remember correctly, Dennis Skinner—to whom she responded with great gusto, drawing a huge response from her own Back-Benchers. At the end of the put-down she said something like, “Now, where was I? You know, I’m enjoying this”. It was absolutely typical of the way in which she approached these speeches. It was a remarkable speech, and a performance that displayed the qualities of great courage and conviction that have been referred to frequently today and by which I will always remember her.
(11 years, 11 months ago)
Lords ChamberMy Lords, I speak briefly to associate those of us on these Benches with the generous, worthy and well earned words for the noble Lord, Lord Strathclyde. On these Benches, we are transient. We come and go because, as noble Lords know, we observe a retirement age. By contrast, the noble Lord, Lord Strathclyde, is just like a part of the furniture. He is an institution and has been here throughout the time that virtually all of us on these Benches have been here, so it will be a big change for us. My colleagues have been very keen to say how much we appreciate his support, wisdom and guidance for the Lords Spiritual to enable our contribution to the work of the House. Speaking personally, I marvel sometimes when he has to stand at that Box and deal with some rather difficult things coming across the Chamber. I always admire the fact that he is calm, has a twinkle in his eye and generally responds with buckets of common sense. That seems to be a very good way of leading a House and creating the right kind of atmosphere and frame for us.
We also extend our welcome to the noble Lord, Lord Hill. To be honest, on these Benches we have mixed feelings. He has done a wonderful job as Education Minister and has been a great friend to the Church and the Lords Spiritual. In many ways we are very sad to see him leave that post. He has done outstanding work, and I have always admired the way he can stand at the Dispatch Box and, without really referring to his notes, be able to answer the questions and be very astute and quick-thinking on his feet. That is a remarkable gift and one that we look forward to him exercising in his new role. We welcome the noble Lord, Lord Hill, and say thank you very much indeed to the noble Lord, Lord Strathclyde, for his help, support and guidance.
My Lords, I rise to pay tribute and give warm thanks to my noble friend on behalf of the Association of Conservative Peers for all that he has achieved for this House and our party during his long and distinguished career to date. Those of us who have served in government and on opposition Front Benches for a number of years are fully aware of the all-consuming and unremitting pressures and strains that that service brings—and, like other noble Lords, I think I have done my bit. However, we can only marvel at the unbroken record of my noble friend over 25 years as a Minister in many departments, as Deputy Speaker, Deputy Chairman of Committees—briefly—and as a member of shadow Cabinets and Cabinets. Few in either House can rival my noble friend’s record and it is entirely understandable that he should now wish to find time for another life and to pursue the many other interests that have inevitably languished during those years.
The House has changed much since 1999, both in its role and value. It is perhaps true to say that, in earlier years, its contribution was sometimes underestimated among the higher reaches in the other place. That is no longer true today, and my noble friend has played a notable part in bringing that about and in developing our House’s modern role in today’s world. Many of us have discovered that behind the jovial exterior and merry manner lie a shrewd brain, an immense capacity for work and a devotion to the tasks in hand. I will give one example of the latter. No one should underestimate the difficulty of repeating a Statement made by the Prime Minister in the other place following a European Council or other high-level international meeting, at which he was not present and where decisions were inevitably sometimes made in the middle of the night. After possibly only one or two hours’ briefing at the most, my noble friend would have to cover a vast range of issues on which it would be easy to drop a brick; yet he always carried out that role with aplomb. All that experience and understanding of the House and its modern role was brought to bear, in my view, with the skill and subtlety with which he has handled the issue of Lords reform.
As Leader of the House, my noble friend has shown devotion to this place above party politics. As leader of the Conservative Party in the Lords, he has always worked closely with colleagues in the ACP in developing policies, and his door has always been open to us. We welcome our colleague, the noble Lord, Lord Hill, as a very worthy successor, and we thank the noble Lord, Lord Strathclyde, warmly and extend every best wish for success and happiness in whatever avenues he now wishes to pursue.
(12 years, 7 months ago)
Lords ChamberMy Lords, for those who have the earlier version of the speakers list, perhaps I could explain why I am speaking now. I put my name in last week but, by mistake, it was left out and there is a new version. The noble Lord, Lord Richard, had a difficult task and he has my sympathy. I understand and can see that he approached his chairmanship with thoroughness and sympathy, and he approached it well, but at the end of the day this was clearly a divided committee. As the noble Lords, Lord Willoughby de Broke and Lord Grenfell, pointed out, it is 13 to 12 because one member of the committee, as I understand it, attended hardly any of its sessions. There are therefore almost two versions of the report. I strongly support the alternative report. I commend members of the committee on their impeccable logic, the cogency of their analysis and the conclusions of their report. We have had excellent and convincing speeches today from some of its signatories. I shall make just four points in the time available. Inevitably, I will be somewhat repetitive but there is nothing wrong with that as this debate needs to reflect the overall response of the House.
First, on Clause 2, the committee was unanimous. Indeed, the overwhelming evidence that it received from nearly all the witnesses meant that it could hardly have concluded otherwise. It is pretty devastating. The committee was,
“firmly of the opinion that a wholly or largely elected reformed House will seek to use its powers more assertively, to an extent which cannot be predicted with certainty now”.
It went on:
“We concur with the overwhelming view expressed to us in oral and written evidence that Clause 2 of the draft Bill is not capable in itself of preserving the primacy of the House of Commons”.
It also stated that the possibility of judicial review was “profoundly undesirable” and said:
“The Government’s approach in Clause 2(1)(c) of the Bill … risks judicial intervention”—
which—
“would be a constitutional disaster”.
Those are pretty strong words. Given the unanimous opinion of the Joint Committee, the opinion of most Members of both Houses and all the expert opinion outside Parliament, I cannot see how the Government can bring forward a Bill without a wholesale reconstruction of Clause 2. It would be a travesty of consultation and almost an insult to the parliamentary process to do otherwise. That covers the problem of conflict between the two Houses.
Secondly, I turn to the problem of conflict in the constituencies. Some people have suggested that this would not happen. Here again, the alternative report, half the signatories to which have long experience of elections and being elected, got it right. It says:
“We believe that this is a wholly misplaced notion of the reality of practical politics”.
My noble friend Lord Trimble went into some detail on that today. It is pretty obvious that there will be conflict at the constituency level, not least because in today’s world of the internet and e-mail anyone can put their views forward very quickly, either to their elected MP from the other place or to anyone else that they wish. I simply do not believe that elected Members of this House would not be subjected to large numbers of such e-mails and correspondence.
At the regional level that they will represent—the wider constituency level—there will be many issues that are not related to individual constituency cases but are of great concern to all the constituents, over which there will, frankly, be rivalry between the Members of this House and those of the other House, particularly if they represent different parties. It is obvious that there will be constant conflict then. The Government have attempted to solve this with 15-year terms and no re-election. I cannot emphasise strongly enough that this completely destroys the democratic accountability case on which the Deputy Prime Minister hangs his whole argument. I agree very strongly with the right reverend Prelate the Bishop of Leicester on this point.
I now turn quickly to two points that have not been covered so far. The first concerns who will stand. I find it very difficult to work out who will stand for the alternative House that is being proposed. It certainly will not be those who wish to seek a proper political career. In the other place, one can be re-elected every five years and, if not re-elected for one constituency, can stand in another. Members thus have the opportunity of a long-term political career. At the age of 37, someone who wants a political career will not be very happy to come to this House for 15 years, with no possibility of being re-elected to the other House. Also, if they have proper ministerial ambitions and want to play a part in the policies of the Government to which they hope to belong, those ministerial ambitions will be best satisfied in the other place. Of course, if they stand for this House in the hope that it will lead to a career in the other House, under the proposals they will be prevented by the case that has been put forward. Therefore, I cannot see why people who want a full political career will wish to stand under the present proposals.
Nor can I see those in other professions and occupations—who it is apparently hoped will bring the expertise and specific experiences that many of the Cross-Benchers here now offer—wishing to stand for this place in mid-career. Neither the salaries offered nor the career prospects are very great. If you are 37 or 40 and thinking of coming to this place for 15 years, taking a complete break from your career, what chance will you have of going back to that career after 15 years?
Therefore, it would tend to be rather an elderly House. Most probably, those who do not have political ambitions would think of standing for this House in the late stages of their other careers. They would seek a further few salaried years and perhaps find them interesting. That would be like the Cross-Bench Peers in the present House. However, it would be a House that challenged the primacy of the House of Commons, which the other place strongly opposes, and at much greater cost than the present House, as the noble Lord, Lord Lipsey, pointed out. The electorate will almost certainly dislike that, to put it mildly. I am deeply worried by the thought that this would be an attractive career opportunity for many, and I doubt that any reform would bring the expertise and experience of this House as it stands.
Having listened to the speakers before me, I probably carry most Members with me so far, but in my final point I may have a little more difficulty. While I strongly support the proposals in the Bill of the noble Lord, Lord Steel, and have always done so, and strongly support the additional points made so properly by the noble Baroness, Lady Hayman, which are appropriate for the reform of this House, there is one issue on which I urge a word of caution. I do not think that we have properly addressed it yet. It concerns our most vulnerable point: the size of the House. We have recently adopted proposals for voluntary retirement, which have had a puny—almost minimal—response and will obviously not solve the problem. We need to go further. I do not find at all attractive the suggestion of appointing no more new Members until the grim reaper has played his part and the numbers have come down. It is important that this House is constantly refreshed with new people, new experiences and new expertise. Therefore, we have two options, which we will have to address—that is, retirement on the grounds of either length of service or age, which happens in pretty well every other profession and occupation, including for judges. I believe that we will have to include this in the Steel-Hayman reforms and it is something that we have still to address.
That does not detract at all from my overwhelming view that this House is right to say that the alternative report is the right one, addressing the right issues and making the right point, and that the Government’s proposals therefore remain deeply flawed.
(13 years, 5 months ago)
Lords ChamberMy Lords, there is a great deal in this report, some of which is comparatively minor and much of great importance. I congratulate my noble friend Lord Goodlad and his committee on giving us this menu. I want to concentrate on those points which recognise the experience and expertise of this House, and which strengthen our ability to make use of them in a way which is certainly complementary to the other place—soon I hope that I can say “the House of Commons”—and perhaps add a dimension appropriate for us to make but which is in no sense confrontational with the other place.
I shall be broadly supportive of the report and its recommendations but I begin with two comparatively minor points with which I disagree; that is, starting in this Chamber at 2 pm and morning sittings on often important matters in the Moses Room. Many of us have outside jobs or other commitments of a voluntary nature—indeed, it is those which strengthen our experience and expertise—so as much as possible we plan our diaries on this basis. Many of us attend working lunches close perhaps to the Houses of Parliament but to have to leave at 1.30 pm in order to attend proceedings in this House would defeat the object of the exercise. Although I would not go to the wall on this, I would urge caution.
On the major recommendations, a thread is running through much of the report, which I suspect partly reflects the fact that four former Members of the other place were on the committee. The report continues to recognise the expertise and experience of this place, and the time that we can give to matters. In the other place, Members of Parliament often have much to do every day. The report refers to their constituency work, but it is a lot more than that. Particularly in this internet age, the workload on Members of Parliament is very much greater than when I was in the other place. In Select Committee work, there is not the same party political, confrontational or partisan aspect that inevitably occurs in the Commons.
What is interesting about many aspects of this report is that this House can have the time, the expertise and the non-confrontational approach to produce excellent work, which is in no sense to detract from what goes on in the House of Commons but adds to it. I turn therefore to pre-legislative scrutiny, of which I have long been an advocate. Recently, I had an interesting example on the Economic Affairs Finance Bill Sub-Committee, which has just reported on this year’s Finance Bill. We looked, to quite a large extent, at the new budgetary approach of the Government in producing draft Finance Bill legislation.
This year was a mixed experience. We had evidence from a large number of expert bodies outside Parliament in this area. A common thread running through their remarks was that this House often has the expertise and experience to look not at the policy or the rates of tax and so on but at the technical details of legislation, which so often go badly wrong and went badly wrong this year on the Finance Bill. Many of them recommended that this House should look at draft financial legislation in detail, not after the Bill has been published but beforehand, and bring that experience to bear. That is a very good example of pre-legislative scrutiny. It was not for our committee to make a recommendation that we should do this, but we have put the suggestion forward and hope it will be considered by the House Committee.
Post-legislative scrutiny is also extremely important. It is disappointing that the Government’s initial reaction was that departmental Select Committees should do this. I strongly believe that it can be done in this House. The key question that the committee raises is on the role of the Lords in that regard.
We all know the arguments about the defects in parliamentary scrutiny of delegated legislation. There have been various attempts by Governments, through primary legislation, to extend the use of delegated legislation, often substantially. We have seen recent evidence of it, to which this House has rightly and successfully objected. In paragraphs 155 and 156, the committee puts forward a well thought out and far from revolutionary set of proposals to make good progress on this matter. As the committee says in paragraph 152:
“We also consider that such an approach would be more consistent with the House’s role as a revising chamber ultimately respecting the primacy of the House of Commons”.
That is extremely well argued and takes forward some of the objections that so many of us have raised as to the inability of either House to deal with delegated legislation.
On a separate point to do with scrutiny, I also welcome the recommendation in paragraph 128 concerning clauses or parts of a Bill that were not debated in the other place. We see that happening rather more often these days. I say to my noble friend the Leader of the House that this recommendation would hardly add to the costs of this House. Because of guillotines in the other place and the other pressures to which I have referred, we now see that much legislation is not properly looked at in the other House. That is becoming much more common. It is also further justification for the complementary work of this House, which is increasingly recognised in the world outside as being where we can add value. I hope, therefore, that that small but important recommendation can be taken forward quickly.
I have always felt that Select Committees are one of the great strengths of this House. They are also read or listened to by outside bodies. A very good recent example was our Select Committee on Economic Affairs, which produced a report on the oligopoly of auditors today—a subject that has not advanced far, despite many good intentions in recent years. The committee’s main recommendation has now been taken up by the OFT, when many thought that it would not be. I hope that many of our other recommendations will be pursued in the relevant quarters. In the section on Select Committees, the report is admirable for highlighting some of the contrasts between the ways in which the two Houses deal with Select Committee work. Therefore, I also hope that the recommendation to have two further Select Committees can be agreed to fairly soon.
In short, the report has produced practical recommendations for how this House can add value in several very important areas, but these in no way threaten the primacy of the other place.
(13 years, 5 months ago)
Lords ChamberMy Lords, I have two preliminary points. First, in eight minutes it is inevitable that one can touch only on certain issues, and after a long debate it is also inevitable that one will be repeating many of the comments made on the key issues. I make no apology for that because it indicates the strength of feeling on these issues. Secondly, when I was in the other place I consistently held and expressed the same views and support for an appointed House that I hold now—a House, of course, greatly enriched and changed by the reforms relating to life and hereditary Peers.
The noble Lord, Lord St John of Fawsley, said yesterday:
“What on earth is this House doing spending two precious days debating an issue that has no interest outside the Westminster village and for which there is no demand in this country at a time when we are facing a domestic crisis of major proportions?”.—[Official Report, 21/6/11; col. 1208.]
I take issue with that. I think that he was wrong; these two days have been very well spent. I agree, though, about the reaction that there will be in the country when we spend two years and much parliamentary time dealing with this issue when the country is still having to face the inevitable and continuing economic and other pressures in dealing with the fiscal deficit and many other things. This leads to a point that the noble Lord, Lord Ashdown, made, when he said, in justification of the Bill:
“The public have made it very clear that they do not trust our electoral system in its present form”.—[Official Report, 21/6/11; col. 1189.]
I was in the other place for 27 years. I go along with many others who say the same as me: I never had a single letter on House of Lords reform during the time when I was there and I get very few representations even now. Such reaction as one does get to the House of Lords, when people know that one is in it, is largely favourable. The adverse public reaction concerns the House of Commons. I regret that because I have a deep respect and affection for the House of Commons, which has been unfairly denigrated in many ways in recent years. However, there is no doubt that the Commons expenses issue and the kind of yah-boo politics that is inevitably conveyed in prime-time television coverage has greatly diminished the public’s respect for the House of Commons. Therefore, it is the House of Commons which gives cause for concern, not the House of Lords.
I am constantly told by many members of the public who talk to me about House of Lords reform that the last thing they want is a clone of the House of Commons. I say this as someone who, as I say, has deep respect for the House of Commons. I say to the noble Lord, Lord Ashdown, that if we had a referendum on reform of the House of Lords as proposed, I am fairly certain that the public would give the same response as they did in the AV referendum, and they would do so because so much of the media comment from serious newspapers and other commentators is against these proposals. Therefore, there would be heavy pressure against these proposals in any referendum.
There has been a subtle move in the language from democratic accountability to democratic legitimacy, and I can see why. Earlier proposals on House of Lords reform ran into considerable difficulties because they were based on regular elections to the House of Lords on the same basis as elections to the House of Commons. This caused great concern among Members of the House of Commons in relation to the challenge posed to their position in their respective constituencies and in the House, as this House would be elected on the same basis. There was also a concern that those who wanted to come to this place might well be those who had failed to get into the House of Commons and therefore might use this as a stepping point to getting into the House of Commons. Those two fears and criticisms were dealt with by proposing a 15-year term and no re-election. However, that immediately removed any question of democratic accountability. There is no democratic accountability if you are elected for a single term. I somewhat suspect that there is no democratic legitimacy either as many Members, knowing that they were here for 15 years with no possibility of re-election and no possibility of getting to the House of Commons, might not even attend very often because no one would demand that they did. That is very different from being a Member of the House of Commons and having to face re-election. I take very much the point that the noble Lord, Lord Armstrong, made on this. The democratic legitimacy versus democratic accountability argument has lost a lot of its credibility because of these proposals.
The key weakness of the Bill is Clause 2, which relates to functions and powers. This part of the Bill has already been holed in the water, and I think is already dead in the water. It is simply unsustainable. Inevitably, there will be clashes as the Lords asserts its democratic legitimacy. The noble Lord, Lord Ashdown, said yesterday in favour of House of Lords reform:
“I cannot imagine that the decision to introduce the poll tax and the decision to take this country to war would have got through a Chamber elected on a different mandate and in a different period”.—[Official Report, 21/6/11; col. 1190.]
They would certainly not have been challenged by this Chamber on the basis of the proposals in this Bill because it would have no power or rights to do so. They could have been challenged only—this is the giveaway—if the House of Lords asserted the powers to do that, which it has not got but which it will have if it is democratically elected. I am constantly surprised that Members of the House of Commons have not understood this point in the past, but I think that they do now. There is a growing understanding in that regard. It was very significant that in response to Mr Clegg’s Statement in the House of Commons on 17 May, 16 of the 29 who were opposed to the proposals—rather more than those who simply asked questions or were in favour—referred to the clash between the two Houses and the challenge to the supremacy of the House of Commons. I suspect—this is also significant—that many Members here who are raising this issue have been Members of the House of Commons and understand the point. I say to the noble Lord, Lord Peston, that it may not be only in this House that a lot of challenges will arise to this part of the Bill.
I wish to make two other points in that regard. One concerns finance and supply. It seems to me inevitable that if this House were elected it would demand many more powers in relation to finance and supply. Already there are demands from outside Parliament that this House should play a much more substantial part in scrutinising Finance Bills. That would become inevitable if this House were elected.
A point that I do not think has been made already is about Ministers. I am a little perplexed by the paragraph on Ministers but it seems to me to be absolutely clear that there would be a need for a growing proportion of Ministers in this House if this House had democratic legitimacy. I pay great tribute to Members, on both sides, on the Front Bench for the roles that they play and have played as Ministers. They do a tremendous job under huge pressures but the job would become much bigger if this House was democratically elected. There would be a need for many more Ministers in this House from individual departments. We could not have one Minister responding for six departments. There would be many fewer Ministers in the other place and those who aspire to being Ministers in the other House should think about that point.
My Lords, is that not an argument in favour of that?
It may be but not from the other House’s point of view. I recognise what the Leader of the House said on 17 May:
“I fully expect the conventions and agreements between the Houses to change, to evolve and to adapt to different circumstances”.—[Official Report, 17/5/11; col. 1279.]
He talked of a more assertive House here. I think that it would happen very quickly. I was much struck by the speech made by the noble Lord, Lord Wills, speaking in favour of an elected House but making clear that the absolutely wrong part of this Bill is the lack of powers. That seems the most indefensible part of the Bill and will need to be fully addressed by the Joint Committee, taking into account the report by the Joint Committee on Conventions carried out under the chairmanship of the noble Lord, Lord Cunningham.
In conclusion, I agree that change is needed. I very much support the Steel Bill. One of the most vulnerable parts of this House, as we enter the debate about House of Lords reform, is the size of it. We will have to address that in the debate next week. I welcome the decision of the Government to publish the Bill and to set up the Joint Committee. Publicising the Bill has clearly indicated the defects in the proposals. There is immense detail in it, and much to be challenged. I wish the Joint Committee well in this huge task. If more time is required, I hope that the committee will take it. It is too important for its work to be rushed.