European Union (Referendum) Bill

Lord Roper Excerpts

Friday 31st January 2014 Lords Chamber

[Lord Dobbs]

My Lords, first, I take the point about Gibraltar. The drafters of the Bill had not chosen to distinguish between Gibraltar and the Channel Islands. The drafters of the Bill did not include Gibraltar; that was included at the express request and instruction of the other place. The situation of the Channel Islands was of course discussed in the other place. There are of course constitutional differences between the two but I will, of course, take that away and we will be in touch.

I apologise to the noble Lord, Lord Kerr, if he thinks that I have been in any way deficient or impolite in dealing with the points that he made in the previous Committee sitting. He raised the point then that he would be bringing the issue of timing, for instance, up on Report, and I was hoping to get a sensible time between Committee and Report to discuss exactly those matters with him. That was my intention; if I have not been prompt enough in dealing with that, then I apologise. It is certainly not my intention to turn my back on sensible points so responsibly made.

I hope that those noble Lords with their names to the amendments in this group will forgive me if, once again, I say that they are unnecessary. The rules of conduct for most polls, including general elections, are set out in secondary legislation rather than in an Act; that is the custom. The appropriate, nuanced arrangements—I hope that they will be nuanced, the term that the noble Lord, Lord Triesman, so sensibly used, because one has to be sensitive to the differing circumstances of the time—are taken care of in Clause 3. Clause 3 stipulates that the arrangements will be based in due course on the published recommendations of the Electoral Commission, which will come back to the House at an appropriate time.

[Lord Roper (LD)]

My Lords, in many cases, they have been in schedules to proposals for referendums. This time, they will merely come back as a statutory instrument, which this House will have no chance of amending unless a subsequent amendment to the Bill is accepted.

[Lord Dobbs]

The noble Lord is entirely right—they will come back to this House, which is the point I was making, although they may not come back in the form that he would like. However, nobody is trying to avoid ensuring that the arrangements for counting these votes are satisfactory. This should not be a divisive matter. Why do we need to specify at this stage how the votes should be counted? The point I make time and again—perhaps in response to the position of the noble Lord, Lord Kerr—is on the cost of accepting these amendments. If this debate were entirely among rational, reasonable men and women who simply wanted to come to an agreed conclusion, then of course there would be very little cost. However, let us be real. We know what is going on in this House, in the corners and dusty corridors of this place. Some noble Lords will not accept the Bill under any circumstances. We read about that in the press all the time, particularly in the Guardian, which appears to be particularly well informed of what goes on in those corners. Therefore, I cannot simply say that of course I can accept any reasonable amendment if the consequence of adding those amendments to the Bill—which has to go back to another place, which has already spoken so clearly about the Bill—will be not a new way of counting the votes but no votes being counted at all. That would be a tragedy, and I am trying to avoid it.

The noble Lord, Lord Foulkes, has always been a great tribune of the people, if I can put it that way—of the Scottish people. Most recent opinion polls in Scotland show very strong support for a referendum: 3:1. Those same people had the common sense, time after time, to send him back to Westminster as the representative of his constituency of Carrick, Cumnock and Doon Valley. They were persuaded by him then, and I see no reason why they should not continue to listen to his entreaties and be persuaded by them in a referendum. All I am trying to do, above all, is to make sure that the Bill does not founder because so many baubles are added to the Christmas tree that the entire tree collapses. The noble Lord, Lord Foulkes, is no timorous wee beastie who runs from the sound of gunfire. He is a man who has always shown confidence in his cause, and I want him to be able to put his cause out there in public on the matter of the EU. It is in that spirit that I say that this amendment is unnecessary and I beg him to withdraw it.

Liaison Committee: Third Report

Lord Roper Excerpts

Monday 26th March 2012 Lords Chamber

[Lord Broers]

My Lords, I speak as a past chairman and present member of the Select Committee for Science and Technology. I cannot accept the argument of the noble Lord. The Science and Technology Select Committee provides fundamental information across the board in our country, particularly as an economic entity, that is relevant to all legislation. It is therefore incredibly important.

The most effective way to rebuild our economy is to restore our industrial leadership in the manufacturing of innovative products. This will only happen if we regain competitiveness in research and development. This is the business of the Science and Technology Select Committee. We inquire into whether our educational system is producing the graduates needed by industry for its R&D activities, whether the Government are using their procurement effectively to stimulate innovation, as the noble Lord, Lord Krebs, has said, and we inquire into the state of specific industries such as nuclear power.

At present, the lack of R&D spend is the Achilles’ heel of our economy. To reach the level of spending in Germany we would have to spend £10 billion more than we are spending at the moment, and to rival the USA we would have to spend £13 billion more. The Government are doing well in some of their initiatives, such as the catapults, but this is really only seed money. We need to keep our eye upon our academic and industrial performance in both the private and public sectors, and this is what the Select Committee does.

The committee needs two sub-committees in order to cover the two broad fields of science and technology: the engineering and physical, and the biological and medical. For example, the committee needs different talents to inquire into genomic medicine and renewable energies, or to inquire into pandemic flu and nuclear power. Innovative products, and therefore gains in our health, transport, energy, communications and other systems, will also help us with our massive deficit. These potential gains are also the business of the Science and Technology Select Committee. This is not the time to cut in half the resources available to that committee.

[Lord Roper]

My Lords, I speak as the chairman of the European Union Committee, and I regret that I will be critical of the report presented by the Lord Chairman of Committees. I have not tabled an amendment, but in my view, and that of many of my colleagues on the committee and in the sub-committees, the report of the Liaison Committee is the unsatisfactory outcome of an unsatisfactory process as far as the European Union Committee is concerned.

First, the process. Earlier this year I learnt that the Liaison Committee was, entirely appropriately, reviewing the House’s committee structure in the light of the Goodlad report. I wrote to ask to appear before the committee, and that request was granted. However, I was surprised to be told, in the letter inviting me to appear, that before the Liaison Committee had heard the arguments from my committee for its continuance of the committee in its present structure, the Liaison Committee was already minded to cut the number of European Union sub-committees by two or by one. I have sent to Members the detailed argument that I then put forward, which also appears in appendix 2 to the report that we are considering.

The last time the Liaison Committee conducted a general review of Lords committee activity was in 2010. On that occasion, unlike this time, it asked for information from the various committees before it made any decision. In 2010, the Liaison Committee concluded that the European Union Committee was performing a relevant and useful function, and it recommended no change. In fact, it recommended that certain other committees should be considered first if reductions needed to be made. I am unclear about what has changed in the mean time, except that on this occasion the Liaison Committee seemed to have made up its mind, or to have gone a long way towards doing so, before it took any evidence.

So far as concerns the outcome, in the end the Liaison Committee recommended the reduction of only one European Union sub-committee, which is why I did not table an amendment to today’s Motion. Some of my colleagues on the committee—and noble Lords may well hear from them—may feel that I am being excessively reasonable, but I am conscious of the wider financial context in which these decisions had to be made. However, even a cut of one sub-committee will have an impact on our work. The European Union will continue to propose new laws that will affect UK citizens and companies, and consultation documents and White Papers will continue to come forward.

We have to deal with something like 1,000 documents a year from the European Union. This reduction will simply reduce the ability of the House of Lords to scrutinise the proposals effectively. In particular, it will reduce its ability to conduct an in-depth examination of key proposals. These inquiries are what give the committee, and therefore the House, such a strong reputation with civil society groups in this country, with European Union institutions and with other parliaments across the European Union. The House will also be reducing its ability to hold the Government to account.

The House sees the reports that we publish; it does not see the 500 letters a year that we send to Ministers raising problems that arise from the documents that we consider. However, that is the method by which we ensure that we have an explanation from the Government and a justification of their position. Ministers have told me that they consider that what we do is the most effective scrutiny of any part of their department’s work. The House risks weakening our work in an area where our reputation is currently, and justifiably, exceptionally strong. That is why I regret the Liaison Committee’s decision, and I fear that in due course the House, too, will come to regret it.

I conclude with a note about the suggestion to increase the maximum membership of sub-committees from 12 to 14. In the full Select Committee’s view, sub-committees of 14 risk being too large. An excessive number of members could make it difficult to work effectively as a team. Therefore, we would rather co-opt an additional two members to a sub-committee for a particular inquiry, thereby involving a wider group of Members of the House to take part in different aspects of our work. We feel that otherwise the current size of 12 members per sub-committee is probably right.

[Lord Jopling]

My Lords—

--- Later in debate ---

[Lord Roper]

My Lords, there was some sort of misunderstanding. When I came before the Liaison Committee, I suggested the increase in size as an alternative way to involve more Peers, rather than reducing the number of committees.

[The Chairman of Committees]

I would say only that membership can be up to 14. There is no need for the European Union Committee to appoint 14 on each of its sub-committees; it can continue at 12, as it wants to at the moment.

Noble Lords have made a number of other points but I do not think I can add much more. On the points made by the noble Lord, Lord Krebs, about the Science and Technology Committee, there is nothing to stop that committee conducting follow-up inquiries in future. Paragraph 47 of the report makes clear that the committee should retain the power to appoint a sub-committee and to co-opt additional Members for particular inquiries. Both those points are already made in the report.

I hope that the House will agree to the report. It will breathe fresh air into the committee structure and I commend it to the House.