House of Lords: Strathclyde Review

Lord McNally Excerpts

Thursday 17th December 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, I have huge respect for the noble Lord, Lord Grocott, and I listen carefully to what he says. The key thing that I am trying to identify in my remarks today is that we are in disagreement about what happened in October. That is what I find regrettable. It means that the important convention, which stood the test of time for so long, has been broken. He refers to the Joint Committee of 2006, which predates my time in the House but I understand from all my reading and research how important and respected it was. That committee reinforced the convention, but the convention that it reinforced has now broken. So what we have done is come forward with something which offers that clarity and simplicity. It draws heavily on previous work that has been done by other groups, such as my noble friend Lord Wakeham’s distinguished royal commission. The noble Lord, Lord Strathclyde, has come forward with a proposal and all I ask at the moment is that the House considers it—as indeed we in government are considering it.

[Lord McNally (LD)]

My Lords, I sat on the Cunningham committee and I remember the background to it being set up, which was the irritation of the then Labour Government at the behaviour of the House of Lords. The phrase then used was that part of the intention was to clip the wings of the House of Lords. The truth is that Governments do get irritated by this House. I think that I may have expressed the odd irritation myself occasionally from the Dispatch Box. But where the noble Baroness is misleading herself is that the convention laid down by the Cunningham committee has not broken down, because in that convention it very carefully and clearly states that the House of Lords must retain the right to say no. That was a red line for me. The reason for it was that put by my noble friend Lord Dholakia: that without retaining the right to say no, used sparingly, carefully and rarely, we become a debating society.

The noble Baroness has been a very good Leader of this House but I urge her to recognise that the Leader has those responsibilities, beyond government, to lead this House in a way that protects its powers. We must let go of that right to say no only with very strong arguments to do so. They have not been made today. Go back to a Joint Committee of both Houses, and perhaps even consider the fourth option: that statutory instruments could be amended by this House. That would be a way forward.

[Baroness Stowell of Beeston]

I have huge respect for the noble Lord, Lord McNally, and enjoyed working alongside him in government. I understand how seriously he takes these matters but I am afraid that I also disagree with his description of what happened back in October. In considering that piece of secondary legislation, we did two things: we overruled the House of Commons on a matter of taxation and finance, and we used a type of amendment to a Motion that has never been used before. That is referred to in my noble friend Lord Strathclyde’s report.

The point about the power of veto is that we should retain it if we retain our convention not to use it except in very exceptional circumstances. What I am arguing is that we are no longer clear what those circumstances are and by what kind of method we would use that veto. So I am afraid that I feel that we need to be able to reach some agreement and come up with a convention with which we all agree. We have to understand that conventions require all parties to agree. At the moment, I am afraid that we do not agree.