Liaison Committee: Third Report

Lord Pearson of Rannoch Excerpts

Monday 26th March 2012 Lords Chamber

[Lord Pearson of Rannoch]

My Lords, it will not come as a surprise to the House to hear that I fear that the Liaison Committee has got the importance of our European committees badly out of focus.

It is welcome that the European committees have been cut from eight—seven plus one—to one and six sub-committees. However, that still leaves 84 Members of your Lordships’ House on the sub-committees, a further 14 on the main committee, with the result that the time of 98 of your Lordships is taken by the European Select Committee. I have mentioned this before. There is a long series of Questions from the noble Lords, Lord Tebbit and Lord Vinson, answered by the Government, which show that the European Committee has virtually no influence on the legislation that comes to us from Brussels. As your Lordships know, that is quite a substantial proportion of our general legislation and easily the majority of—

[Lord Sewel]

There is the vexatious question of the reform of the common fisheries policy. Has the noble Lord looked at the Green Paper that the Fisheries Commissioner has published? Is he aware that it borrows—I dare not use the word “plagiarises”—significantly from the report of the committee of this House?

[Lord Pearson of Rannoch]

My Lords, I understand that the decision of the European Commission to review the common fisheries policy is due more to the series on television by Mr Fearnley-Whittingstall than to your Lordships’ Select Committee. And anyway, we await reform of the common fisheries policy, as we have for the past 30 years.

I do not want to turn this into a debate on the pluses and minuses of the European Union, but I want to explain to your Lordships why seven European committees is still far too many. I referred to the series of Questions from the noble Lords, Lord Tebbit and Lord Vinson, the answers to which show that the Select Committee has had virtually no influence on legislation coming to us from Brussels. That is not surprising. Your Lordships may be aware of the process of European legislation, which is proposed in secret by the Commission, negotiated in secret in COREPER and passed in secret in the Council. There is nothing that your Lordships’ House or the other place can do when it has gone through that process.

[Lord Hannay of Chiswick]

I hesitate to interrupt the noble Lord when he is in full flight on one of his well chosen paths, but I wonder how on earth he thinks that a government reply to another Member of this House can demonstrate that the influence of the committee and its sub-committees is nil. Of course, the noble Lord wants that to be the answer; of course, he wants there to be a reduction in the sub-committees and the committee to ensure that we do not scrutinise the European Union properly, because he wants to strengthen the argument to leave the European Union. However, it would be quite nice if we could address the subject before the House, which is the matter of the Liaison Committee’s report, and could above all face the fact that the European Committee deals with a core function that is not dealt with by any other committee or by the House as a whole. If you reduce that core function, you reduce the effectiveness of how we scrutinise this work. I wish that the noble Lord would take account of that instead of arguing the contrary.

[Lord Pearson of Rannoch]

My Lords, I was about to explain to your Lordships why that core function is pointless compared to the work that the other Select Committees do in this House—and we have heard of powerful examples from the Science and Technology Committee. All the other committees are taken very seriously in this country and worldwide, whereas the debates of the European Committee in your Lordships’ House are ill attended and do nothing to inform public opinion about how the European Union works—and its membership, as I have said again and again, is solidly Europhile. We have just had two interventions to prove that.

The noble Lord, Lord Roper, has told us that the committee scrutinises very effectively European legislation. It writes to Ministers. But your Lordships will be aware of the scrutiny reserve, an agreement whereby successive Governments have given an assurance, although it is not a legal assurance, to both Houses of Parliament that if a piece of legislation is under scrutiny the Government of the day will not sign up to it in Brussels unless that committee agrees. Written Answers from the Government show that that has been overridden hundreds of times in the past 10 years—I think it is 343 times in the past five years.

I mention all this only to show that we put all this effort into the European Union committees and get very little out of them. I am sorry to offend noble and Europhile Lords, and I hope that the House does not think that I am banging on again about Europe. But hearing the comments about the eminent scientists in this Room who have spoken only for the Science and Technology Committee, and looking at the other committees, which are full of expertise and widely respected in the country and internationally, I fear that we have the balance wrong. Two or three European committees, including the main one, would be quite enough. We should redirect those energies into committees that will serve the House and the country well.

[Baroness Royall of Blaisdon]

My Lords, I hear the debate that we have had this evening but I have to say that I support the recommendations from the Liaison Committee, which closely follow the proposals from the report of the Leader’s Group. I warmly welcome the recommendation that two new cross-cutting and ad hoc committees should be set up, although my preference would have been for an appointment of two and a half years to enable the committees themselves to deliberate on the subjects of the report and to enable the committees to follow up the conclusions of the report, as the noble Lord, Lord Krebs, suggested.

I also welcome the proposals on pre-legislative and post-legislative scrutiny, which I believe to be extremely important. If there is to be new draft legislation on adoption, as suggested by the Prime Minister, I would be grateful for an assurance from the Chairman of Committees that it will not be introduced until the post-legislative scrutiny has been concluded.

The decisions regarding the European Committee and the Science and Technology Committee were not easy. In fact, they were extremely difficult. There were hard choices, and it is never a good time to bring about change. Of course, many noble Lords are concerned that, by reducing the number of European sub-committees from seven to six, we are diminishing the importance that this House rightly gives to proper scrutiny of EU documents and proposals, and diminishes our standing as a House of expertise. However, like the noble Lord, Lord Bowness, I am confident that the excellent and much needed scrutiny will continue with six sub-committees and a slightly larger membership, if the committees wish to enlarge.

The noble Lord is, of course, correct, as is my noble friend Lord Grenfell, in saying that it is the Government who are responsible for extending the membership of this House, while it is we in this House who have to deal with the financial consequences, which means reorganising the committees of this House. The work of the committee is held in the highest regard by parliaments and decision-makers in Europe and the wider world, and I know that this will continue to be the case. I disagree fundamentally with the noble Lord, Lord Pearson of Rannoch. I am completely aware of the process of policy-making in the European Union, and I know just how influential the reports are both inside and outside the institutions. Likewise, the work of the Science and Technology Committee—

[Lord Pearson of Rannoch]

Would the noble Baroness not just sail over it? Would she care to comment on the override by the Government of hundreds of scrutiny reserves in the past few years?

[Baroness Royall of Blaisdon]

My Lords, I would not care to comment on that at the moment, but I am grateful for the invitation from the noble Lord. I was going to say how much the House as a whole rightly regards the work of the Science and Technology Committee. Clearly, the breadth of knowledge inside that committee, along with the understanding and the influence of the reports, is phenomenal, and I am sure that that will continue. However, as the noble Lord, Lord Krebs, said, resources are scarce. Throughout our deliberations in the committee, I have argued for additional resources to be made available for an additional committee, and I will continue to make that argument in the coming year, so that when we have deliberations at this time next year, I may well be able to argue in favour of more work for the Science and Technology Committee. The noble Lord, Lord Alderdice, made a very good speech here and in Committee, and I have supported him in his arguments throughout. However, I support the report from the committee that is before us today, and I urge the whole House to adopt it. Should there be a vote, I wish to make it clear that the people on my Benches will have a free vote.

--- Later in debate ---

[Lord Winston]

I wonder if the noble Lord might be prepared to withdraw that remark about the “massed ranks”. It seems contemptuous of the serious point that we as scientists are trying to put to the House of Lords.

[Lord Pearson of Rannoch]

Would the noble Lord also refer to the massed ranks of europhiles who came to the defence of those committees?

[The Chairman of Committees]

My Lords, I certainly was not trying to be contemptuous of the noble Lord, Lord Winston—rather the opposite; I was impressed by the number of scientists who had spoken. I am sorry that the noble Lord misunderstood me, or maybe I did not express myself well.

As the noble Lord, Lord Alderdice, said, it is a question of resources. We cannot continue to spend more and more money. In this report we have recommended one additional unit of committee activity—I know that the noble Lord, Lord Grenfell, does not like that phrase but it describes rather well what we do—and the noble Lord, Lord Filkin, mentioned how we had followed the recommendations of the Goodlad committee. We are going to have two pre-legislative scrutiny committees, one more than we have at the moment; one post-legislative scrutiny committee—I take the point made by the noble Baroness, Lady Royall, about adoption, and obviously if something develops on that we can review the subject later on—and two brand new ad hoc committees on topical subjects. I think that that is what the House wanted. It would be even better if we could just go on with the old committees as well, but it would be irresponsible of our committee to continually recommend more and more.

On the point about the European Union Committee, we will still have six sub-committees and a main committee so there will be seven committees in action in that area. They will still be better resourced than most, if not all, such sub-committees in other EU national parliaments.

We were grateful to the noble Lord, Lord Roper, for coming to see us and explaining things. We had intended to be helpful in telling him roughly what we thought, and we had intended that he would therefore know what to expect and what to argue. We also did not want committees to plan work beyond the end of the Session that they would then have to alter. Indeed, the noble Lord persuaded us not to reduce the size of the EU Committee to five but to keep it at six. I had thought that it was the European Union Committee’s desire that the membership of the sub-committees should go up from 12 to 14; that is the impression that we on the committee were given. If that is not the case, though, it is only—