Liaison Committee Report
Debate between Lord McFall of Alcluith and Lord Campbell-Savours
Lord Campbell-Savours
Does the noble Lord the Deputy Speaker really believe that 11 people, some of whom are taking political positions—that is certainly the case with the Liberal Democrats and the government representatives on the committee, which I have always objected to—should take decisions on their own which command so much of the resource of this place? Why does the committee resist seeing lists of people in support of particular recommendations when it knows that those lists reflect views right across the House? Those views will surely influence decisions taken by the committee on the subjects that they pick.
The Senior Deputy Speaker
The noble Lord and I are at variance on this. He is, in fact, at variance with every other member of the committee too. I will go over the noble Lord’s case because it is an important aspect. The committee and I were very mindful of the proposal for national identity cards and we were careful in our consideration of it. As the noble Lord knows, his proposal did not make it on to the shortlist, but it was considered for post-legislative scrutiny as part of the Electoral Registration and Administration Act 2013. I know that when that was conveyed to the noble Lord he was almost immediately not content with it and expressed his lack of support for it in subsequent discussions with officials.
The scoping note was prepared for the committee and therefore focused principally on the Electoral Registration and Administration Act 2013. As an alternative, the noble Lord proposed post-legislative scrutiny of the Identity Cards Act 2006, which is no longer in force. The committee considered that alternative proposal and agreed not to recommend it, on the basis that the Act itself was no longer on the statute book and that, in this instance, scrutiny would be further hampered by the fact that some records had been destroyed shortly after the repeal of the Act.
The Identity Documents Act 2010 introduced a range of measures which provided for the repeal of the Identity Cards Act 2006, the cancellation of all existing ID cards and prohibition of issuing any further ones on or after the date on which the Act was passed, and the destruction of information contained within the national identity register within two months from the date on which the Act was passed. So a lot of that information was no longer available. The Act was repealed and the committee said it was not worth pursuing the matter. When I conveyed that decision to the committee, the noble Lord, Lord Foulkes, asked me whether, in these circumstances, we would consider the identity card proposal from the noble Lord, Lord Campbell-Savours. We had 27 submissions and eliminated all but eight. However, the entire committee and I accepted the request from the noble Lord, Lord Foulkes. So, rather than a short leet of eight, we had a short leet of nine. The submission from the noble Lord, Lord Campbell-Savours, went to the final hurdle as one of the nine, but it failed at that point because the majority of the committee was not in favour of that inquiry.
I agree that we need to reform. The review of committees is there; I am happy to take things forward. With the will of the House, we can change this; we can have more submissions. That is for the longer term; I appreciate the constructive comments that have been made today and am willing to listen to more Members’ comments so that we have greater engagement.
Privileges and Conduct
Debate between Lord McFall of Alcluith and Lord Campbell-Savours
The Senior Deputy Speaker
We could be dancing on a pinhead here in that sense. The main issue, as outlined, is the testing of evidence. I take comfort from the fact that the sub-committee included eminent legal people such as the noble and learned Lords, Lord Brown of Eaton-under-Heywood and Lord Irvine of Lairg. They are as distinguished as they come. I take great comfort from the fact that of the 14 members of the Privileges and Conduct Committee last week, both the noble and learned Lords, Lord Hope and Lord Mackay of Clashfern, gave evidence. If I were looking for legal representatives, those four would always be in my first team; they would never be on the subs bench. I have every confidence in them.
Lord Campbell-Savours (Lab)
Does the noble Lord accept that under cross-examination, it may have been established that the noble Lord, Lord Lester, was innocent?
The Senior Deputy Speaker
I listened to the noble and learned Lords on that issue. They were satisfied that the evidence was tested thoroughly, which is as good as anything. I took comfort from what they said. Having listened to the points that have been made, I hope that Members will uphold the internal disciplinary procedures relating to the code agreed by this House way back in 2009. Those processes have been in place for many years; we have used them many times for the investigation of allegations. The Members who spoke in favour of the amendment of the noble Lord, Lord Pannick, have not previously criticised or sought to change those processes even though they were used to investigate other serious allegations that led to suspensions for four Members in 2009, as I mentioned in my opening speech. As other members of the committee have said, we cannot criticise the independent commissioner for her processes.
Liaison Committee
Debate between Lord McFall of Alcluith and Lord Campbell-Savours
The Senior Deputy Speaker (Lord McFall of Alcluith)
My Lords, I apologise for nearly spilling the water but I did not utter one word.
It is universally acknowledged that committee activity in the House of Lords is one of its greatest strengths. In fact, we are renowned for our scrutiny work. The expansion of this activity in the 2010 to 2015 Parliament of ad hoc committees from one to three, and one post-legislative committee, has been rightly popular. Recently there has been a huge increase in the level of activity regarding the EU referendum result. This element was recognised only on Monday in the Scottish Parliament when I attended, along with other noble Lords, the meeting of the Interparliamentary Forum on Brexit—which, incidentally, was established by the House of Lords.
The committees have never been more important to inform the national debate. However, much more could be done to improve the present situation. That is why the Liaison Committee initiated the first full-scale review of committees for 25 years, covering both investigative and scrutiny committee activity. I have been tasked by the Liaison Committee to take this forward. To date I have spoken to dozens of Members individually on that, I have received a range of individual submissions on the report—we have extended the date for final submissions to Friday, 20 April—and shortly I will be making a second visit to the political groups.
I mention this important development as a background to the Motion today. We received 35 submissions on the ad hoc committees and three topics were chosen, along with one post-legislative topic. As we all know, it is never possible to please every Member of your Lordships’ House, even some of the time, but I hope your Lordships will agree that the committee’s recommendations cover a wide range of subjects, which will make excellent use of Members’ talents and contribute to the debate and policy-making in a range of topical and cross-cutting areas.
We agreed the following proposals for ad hoc committees: first, intergenerational fairness and provision; secondly, regenerating seaside towns and communities; and, thirdly, the rural economy. We also agreed to recommend an ad hoc post-legislative scrutiny committee to consider the Bribery Act 2010.
We considered these proposals against a published set of criteria, considering what would, first, make best use of the knowledge and experience of Members of the House; secondly, complement the work of Commons departmental Select Committees; thirdly, address the areas of policy that cross departmental boundaries; and fourthly, whether the inquiry proposed should be confined to one Session. The Liaison Committee took care and time in coming to its conclusions and I hope the House will agree that our recommendations will provide a timely and manageable set of inquiries for the coming year.
I end as I began: on a note of thanks. Having seen this matter through, I am in no doubt whatever of the seriousness with which noble Lords have approached their role in your Lordships’ House and the range and depth of their expertise. I am most grateful to all concerned. I beg to move.
Lord Campbell-Savours (Lab)
My Lords, the report was most unsatisfactory. It has been much criticised across the House over the past few days, since it was published. It is not in the spirit of Jellicoe, who initiated this whole arrangement. To illustrate my point, I want to show what happened in the case of the application I made for an ID card inquiry. My application was widely supported across the House by Members on all Benches, apart from the Liberal Democrats. It was supported by seven former Cabinet Ministers, including a former Attorney-General, a former chief constable of the Metropolitan police, two former Ministers of State, including a former Security Minister, a former chairman of the Joint Committee on Human Rights and a leading Member at the heart of the Brexit debate. It met all the criteria in the sense that it would make the best use of Members. Many more Members wanted to submit their names in support and I said no because numbers do not matter to the committee; it will not take a decision on the basis of numbers, but on the basis of the experience of Members in the House available to carry out an inquiry. All the Members I referred to had an interest in this inquiry.
I want to set out the areas the inquiry would have dealt with: the use of entitlement cards in accessing public services, combating fraud, which is why a policeman was asked to sign up, and providing identity on request, which is why I sought the support of a human rights specialist; the benefit of the cards, post Brexit, which I why I asked a specialist in Brexit matters—if I may use the term—to sign up; the experience of European states in their use, which is why I asked a former Security Minister to sign up; the use of biometrics; and the benefits to the taxpayer arising from their use, which is why I sought the support of seven former Cabinet Ministers.
So why was it blocked? It was blocked by a coalition of three former Conservative and Liberal Democrat Ministers, all of whom had formed part of the coalition Government that had earlier reversed the Labour Government’s ID card programme and all of whom now serve on the Liaison Committee. We never had a chance. The committee was loaded with people who were opposed to the very idea of what we were after and had a record of opposing the matter.
It gets worse. Who led the pack? I understand that the meeting was quite ugly. It was not a full committee member who led the pack. In fact, if noble Lords look at the report and the committee member list, they will find that that person was not even on the committee. It was a surrogate member—the Chief Whip—who blocked the ID card inquiry and then pushed for non-controversial subjects, which were trouble-free for the Government. I understand that his interventions during the debate were described by some as “aggressive”. If anyone wants to understand what I mean by “aggressive”, they need do no more than consider what happened last week in the debate on the passport fee regulations, recorded in col. 421 of Hansard, when the noble Lord, Lord Taylor of Holbeach, the Chief Whip, demanded that the noble Lord, Lord Forsyth of Drumlean sit down, in an intervention unprecedented in this House. Indeed, even in the Commons I never saw a Chief Whip insist that a Member sit down in the way that happened during the course of that debate. Furthermore, a very important inquiry on an application made by the noble Lord, Lord Horam, on housing and planning—an issue where we are in crisis in the United Kingdom—was blocked.
The issue for me is: should Ministers sit on Select Committees? I compare the position to that of other Select Committees in this House. They pick their own subjects. There are no Whips on Select Committees in this House, apart from the domestic committees, which is perfectly acceptable. There are two committees in the Commons that we should consider: the Liaison Committee, which is manned by the chairmen of all the other committees, with a slightly different remit, again with no Whips; and the Business Committee, which deals with Back-Bench applications for debate. It has a critical role in the operation of the House of Commons. Again, there are no Whips on it. As an eminent Member of the House said to me the other day, when you put the Chief Whip on a committee, the Chief Whip is the committee. There is no committee, just the Chief Whip. That is the way I see it on the basis of my experience.
The House might wish to consider the comments of the noble Lord, Lord Wakeham, in his report to the House in 1992. It was a very interesting debate, which I read just last night. He said on the powers of the Whips, when he was Lord Privy Seal and chair of the first Liaison Committee:
“I should like to state that I am not trying to bludgeon anything through your Lordships’ House. My whole political life has been one of gentle persuasion. Bludgeoning is totally alien to my nature”.—[Official Report, 7/12/1992; col. 31.]
The Government Chief Whip should have these very wise words of the noble Lord, Lord Wakeham, in mind when these matters are dealt with by the Liaison Committee and when I make my next application—my fourth—on ID cards next year.
The Senior Deputy Speaker
My Lords, when I put my feet on the bedroom floor this morning, I felt that it was going to be a topsy-turvy day and so it has proved so far. I am reminded of my primary school teacher when she did the 12 times table, from one to 12, and then went on to division. She would say, “McFall, 35 into three?” and I would say, “Won’t go”. What do you do? You bring down the nothings: 35 into 30 will not go and that is what we face today, with 35 submissions from which to pick three at the end of the day. Am I sympathetic to the comments that have been made this morning? Absolutely, because, as the noble Lord, Lord Blunkett, said, I see my role as serving Members’ interests in this matter. The points made by the noble Lord, Lord Campbell-Savours—he also made them last year—are very relevant. Indeed, they were articulated in the EU debates by the noble Baroness, Lady O’Neill, and by the noble Lord, Lord Reid, in today’s Questions. They resonate with noble Lords, but sadly they were not chosen.
The noble Lord said that the meeting was ugly and that the Chief Whip was in the committee. As the chairman of the committee, I do not recognise that as having been an issue. All members of the Liaison Committee participated—if you speak to them, I think you will get the same response as you have had from me. Substitutes for all the usual channels are allowed in the committee, and there were substitutes there that day. But, in terms of transparency and rigour, I would like to reassure Members that all the proposals are published in the report before the House; the criteria used to decide what proposals to recommend have been published throughout the process, including when inviting submissions from Members; and decision documents from each Liaison Committee meeting are published on the website as soon as practical following the meeting. Those Members whose proposals were not selected for further scoping—that selection took 35 proposals down to 10—were informed shortly after the first meeting of the Liaison Committee on this subject.
In terms of rigour, the committee initially considered the full list of proposals, and from these selected eight themes and two post-legislative scrutiny options to be scoped further by committee staff. I pay tribute to the work of the committee staff, because there is a difference between policy and process here, and the committee staff went to speak to Members to see if they could modify their proposals so they could be included in the scoping work. Following that extensive work, the committee met again to consider which proposals ought to be recommended to the House. The results of that discussion are detailed in the report before the House.
The noble Lord made a point about the review of committees. That is an extremely important issue. I have already been to the meeting of the usual channels and will be going back again. I am open to individual Members or a collective coming to talk to me about this, because this is the first review for 25 years and we have to get it right for the long term.
Lord Campbell-Savours
When the committee considers these issues in future, would it not be possible for it also to write a report on why it turned down particular applications—I understand this was the practice before? I noticed that there is no reference in this report to the applications that were turned down. In addition, why can we not have a division list in the report, so that information about who voted which way is openly available, without me having to use intelligence to find out?
Lord McFall of Alcluith
My answer to those comments is in line with what I mentioned yesterday to the noble Baroness, Lady Deech, in our telephone call on this issue. I said to her—I think she can reinforce this—that I take these proposals seriously and, therefore, that I will take some of these issues back to the Liaison Committee and ask, “Can we be more inclusive? Can we ensure that when we get the list, we whittle it down and engage in the 10 subjects we have chosen, as we may find there is a body of support in the House for that approach?”. There is an opportunity to do things differently, and I am happy to discuss that with the Liaison Committee.
The noble Lord, Lord Blunkett, has already made a submission to the review and I have met with him. In our discussions, the core issue was Member engagement. I want Members to know that that is one of my primary considerations as Liaison Committee chairman.
Lastly, I have been a Member of the House of Lords and the House of Commons alongside the noble Lord, Lord Forsyth, for a long time, and this is not the first time a Chief Whip has asked him to sit down.