Procedure and Privileges Committee
Debate between Lord McFall of Alcluith and Baroness Henig
The Deputy Speaker (Baroness Henig) (Lab)
We are not allowed points of order. I am very sorry. I call the Senior Deputy Speaker.
The Senior Deputy Speaker [V]
My Lords, I thank the 13 Members who spoke for providing us with their very strong and varied comments on this issue. To take the prevailing views that were aired at the committee, the issues concerned were the current state of the pandemic; the difficulty of holding hustings while social distancing; the requirement for Members to take the oath in person, which is unwise for people with underlying health conditions; and the suspension of other types of elections, such as local elections. In that vein, the committee thought it was desirable to postpone by-elections for a further period.
On the issue of the law and whether the standing order could be suspended indefinitely as a way of getting rid of by-elections—as was suggested in the debate—the advice of counsel is that the House of Lords Act 1999 requires by-elections as a matter of law and that, while it may be possible to justify their temporary suspension due to a national emergency, it would be quite different to suspend by-elections indefinitely in an attempt to defeat the legal requirements of the Act of Parliament. Indeed, a new Act of Parliament would be required to secure a more permanent change to these arrangements.
The issue was about the committee dividing. I think this touches on the nature of the debate and the commitment of people during the discussions we had. Divisions in the committee are very unusual indeed; there has not been one for over a decade. We always try to achieve consensus, allowing Members to put their point of view in their time and in their way. That is the hallmark of the committee’s work. Indeed, Members have been complimentary to us on the way we have dealt with the hybrid proceedings of the House, and other issues, as we have faced the pandemic. So we look at it as a whole. Today’s debate has demonstrated that this is an issue on which there are often strong and fairly irreconcilable views. That is why the committee will be talking further and hoping to seek to agree a way forward when it meets in March.
I was asked two points by Members. One was to write on the legal issue—I think that was raised by the noble Lord, Lord Strathclyde—and I am very happy to do that. Secondly, turning to the noble Baroness, Lady McIntosh, and Written Questions, it is custom and practice that when Members contact me, I always put their issues in front of the Procedure and Privileges Committee. That is what I will do for the noble Baroness, Lady McIntosh, and others.
I would just like to finish by commending the hard work and the conscientious way that Members of the committee look to the work that they do on behalf of the House. I am sure that they will continue to do that in that vein.
Deputy Chairmen of Committees
Debate between Lord McFall of Alcluith and Baroness Henig
The Deputy Speaker (Baroness Henig) (Lab)
My Lords, unless any other noble Lord wishes to speak, I call the Senior Deputy Speaker to reply.
The Senior Deputy Speaker (Lord McFall of Alcluith) [V]
My Lords, I echo the sentiments of the noble Baroness, and of the Lord Speaker this afternoon, about the tremendous commitment, endeavour and efforts of all staff of the House. They have done us proud in the past four or five months and I am glad to ensure that these sentiments are fed back to them.