Houses of Parliament: Access during Demonstrations

Lord Soley Excerpts

Tuesday 14th December 2010 Lords Chamber

Asked By

[Lord Soley]

To ask Her Majesty’s Government further to the answer by Lord Wallace of Saltaire on 9 December (HL Deb cols. 298-300), whether they will clarify the position relating to access to Parliament by Members during demonstrations.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, the position relating to access to Parliament by Members during demonstrations does need clarifying. With the agreement of the other party leaders, the Convenor and the Lord Speaker, I have asked the Clerk of the Parliaments and acting Black Rod to report back as soon as possible on, first, what the current effect is of the sessional order passed in the Lords and, secondly, how the House authorities input into the police operations around Parliament specifically to seek to ensure access for Members and staff.

[Lord Soley]

I very much welcome that Answer, because there was considerable concern in all parts of the House about the Answer given by the noble Lord, Lord Wallace of Saltaire, to the Question asked last Thursday. The main problem was that he seriously understated the constitutional importance of preserving access for Members of both Houses in order to discuss, vote and decide on the affairs of the nation. It would not be the first time in the history of this country—or, indeed, many other countries—that mobs have prevented people from accessing Parliament when it needs to carry out its fundamental duty to protect our constitutional democracy. I am very grateful to the Leader of the House for answering today, but will he make sure that that point is given high status when we discuss this issue? I would be happy to give my views. This is not in any way a criticism of the police, whom we all go out of our way to help in these profoundly difficult situations. Frankly, however, this is not just about the right to demonstrate; it is about the right of a free Parliament to meet, decide and vote on the affairs of the nation.

Parliamentary Voting System and Constituencies Bill

Lord Soley Excerpts

Monday 6th December 2010 Lords Chamber

[Lord Howarth of Newport]

My Lords, I fear that a number of important issues are all too liable to become confused in the minds of electors on 5 May if the referendum is held on the same date as the local elections. The Government are understandably preoccupied with advancing their policy of a referendum in which the people of this country will be offered a choice as to the future system of elections to the House of Commons. It is a profoundly important issue. Also to be held on that day are local elections, which are profoundly important as well. We ought to keep the interests of local government in the forefront of our minds, as there is a question about respect for local government that we should consider very carefully. However, perhaps I may come back to that point in a second.

Whichever side of the argument we may be on—in favour or against the alternative vote system—and whichever side we are on in the argument about whether there should be some sort of change to the system of electing Members of Parliament, I think we all agree that this is a momentous issue of the utmost importance. It is also an issue that will be considered only on very rare occasions in our political life. I believe that there is a compelling case for keeping the nation’s deliberations on that issue distinct from the deliberations on other important issues that are to be put to the vote. Therefore, in the interests of clarity and wise decision-taking, and, as my noble friend Lord Rooker put it to us, in the interests of simply not rushing the process, there seems to be a very strong case for holding the referendum separately from, and later than, the local government elections.

The noble Lord, Lord Fowler, argued in favour of holding the two elections on the same day precisely on the basis that the referendum is extremely important and that it would be most unsatisfactory if it were to be determined on a low turnout. However, I put it to the noble Lord that there is a better and more reliable means of ensuring that there is an adequate turnout, which is to introduce a threshold requirement into this legislation. That is a debate for another day but I think we shall have that debate. Personally, I hope very much that Parliament will conclude that we should not change anything so fundamental in our constitution as our system of elections to the House of Commons on a derisory turnout, that we should insist on a requirement for a minimum percentage of those entitled to vote and that, if that minimum percentage is not reached, there will be no change to the system. I think that that is a better way to secure the entirely valid objective of the noble Lord, Lord Fowler.

Perhaps I may come back for a moment to the question of respect for local government. One sadness of my political life is that in all the years that I have been in one House of Parliament or another I have seen local government disparaged and demeaned, and, if I may say so, that has been all too characteristic of Parliament and of Governments of all parties over a long period. We are at risk of showing insufficient consideration and respect for the validity and importance of the local elections on 5 May next year. One understands why in the mid-1970s central government felt that they had to move to restrict some of the more exciting activities of local government. Indeed, one Secretary of State said that the party was over.

But the Treasury—above all, the Treasury, I believe—exploited that opportunity quite ruthlessly. Expenditure in this country and power in this country are, in a way, a zero-sum game, and the Treasury was deeply resentful of any fiscal independence on the part of local government and of any independent rights that local government might have to raise money. So we saw increasing restrictions. We saw capping. We saw limits on borrowing. We saw an increasing tendency of government to ring-fence the grant to local government through specific grants. All of this has been profoundly bad for our democratic culture in this country. If there is an alienation from our politics in this country then I believe that, in important measure, it stems from this source. Therefore I think that we should always think very carefully about the standing of local government, the dignity of local government and, indeed, the independence of local government to act as a check and a balance within our constitution and within the power structure of this country.

To muddle up the issues on 5 May next year could with some justification be interpreted as cynical and as far too characteristic of the habitual attitude of central government and, I fear, of Parliament to local government. For that reason also, therefore, it would be unfortunate if the two sets of elections were to be held on the same day next spring or early summer. However, the amendment in the name of my noble friend Lord Rooker is not prescriptive in this particular matter. It allows a margin of flexibility. It allows the Government to reflect carefully on whether it is wise to hold the referendum on the same day as the local elections. As my noble friend said, it also provides a contingency margin so that, if we do indeed find that the preparations cannot be advanced with sufficient speed and the conditions in which the referendum would be held would be unsatisfactory, the Government can with dignity adjust the date and we can still go ahead with the referendum on this extremely important issue, but we can do so in a sensible set of circumstances. So I hope that the House will be willing to support my noble friend Lord Rooker if he presses his amendment this afternoon.

[Lord Soley]

My Lords, I rise with one intention only: to ask a specific question of the noble Lord, Lord Strathclyde, and ask him to deal with it in his response. In asking it I should declare an interest as one of the political panel drawn from all the political parties, from both the House of Commons and the House of Lords, who act as advisers and information givers to the Electoral Commission.

At the moment the Electoral Commission believes that it is possible to hold these elections on joint dates without problems. Along with everyone else, however, it acknowledges—I think this was the key point made by my noble friend Lord Rooker—that problems could arise; and if they do arise, that will have a major impact on how well the referendum—or indeed the elections, but particularly the referendum—is held.

If in the course of events the Electoral Commission decides that it is not able to conduct a referendum in a manner that is acceptable to both national and international standards, will the Government put off the referendum to another date? That is an important question and I hope the noble Lord will address it with some care.

[Lord Campbell-Savours]

My Lords, I want to follow that specific question. I am pleased that my noble friend was able to intervene before me. It is not just a question of whether the Electoral Commission would recommend that the date be changed; it is whether the Government for other reasons might wish to change the date of the referendum. I would remind the noble Lord, Lord Strathclyde, that in 2001 a Government had to defer elections due to the foot and mouth crisis. All over the country, returning officers were arguing with their local authorities that it would be impractical, because of problems at polling stations, to carry out polling on that particular day. In addition to the question asked by my noble friend, I would therefore like to know what would happen in those circumstances.

In Clause 4(7) of the Bill there is reference to,

“Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1)”,

and subsection (1)(b) refers specifically to,

“a local referendum in England”.

So I think that we should have some assurance about what would happen in the emergency circumstances that might arise.

I had to leave the Chamber for personal reasons during the course of a couple of speeches, but I understand that reference was made to our alleged inconsistency in these matters. I would like to draw the House’s attention to the then Constitutional Reform and Governance Bill which was considered by Parliament earlier this year—a Bill produced by the then Labour Government. Under Clause 29 of that legislation we find my noble friend's amendment. Under “Referendum on voting systems”, it states:

“A referendum is to be held, no later than 31 October 2011, on the voting system for parliamentary elections”.

In other words, we showed in our Bill the flexibility that my noble friend seeks to establish in this Bill. Our position is perfectly consistent with the position that we took earlier this year.

I am very pleased to see a large number of Cross-Benchers in the Chamber today. The other day we debated an aspect of this Bill, when some of us were a little concerned that the Cross-Benchers had perhaps not been able to hear the debate. That is the insufficiency of consideration that has been given to the effectiveness of the electoral system proposed in this Bill. There is a lot of evidence out there to suggest that the optional multi-preference election system under the alternative vote system—which applies not in Australia generally in its federal Parliament arrangements, but only in one state, Queensland—is flawed. There has been a lot of academic work to prove that. In later stages of the Bill I will bring forward evidence, on the basis of international evidence which we have been able to collate, to dismantle systematically the case made for that system.

Even this morning I received a paper on STV which applies under the Scottish system for local elections. The interesting thing about STV in Scotland is that when a by-election takes place there it triggers an AV election. In other words, within the United Kingdom we have examples of AV operating which have not been fully considered by Parliament. The noble Lord, Lord Rennard, drew my attention to that the other day—he nods his head. What happened in those 32 by-elections in Scotland will be of great interest to the House when we produce that information. This morning I received a document, whose authors are Professor David Denver of Lancaster University, Dr Alistair Clark of Belfast and Dr Lynn Bennie of Aberdeen, on the operation of the STV system in Scotland—not on AV as it applies in individual constituencies when there is a by-election.

More work needs to be done on the electrical system proposed in the Bill before Parliament finally decides what the system should be. Furthermore, in the event that we proceed with the system proposed in the Bill, there should be time for a full public debate before any referendum takes place within the United Kingdom.

--- Later in debate ---

[Lord Strathclyde]

Whether it is “on balance” or “minimal” we think it is perfectly possible to have the referendum on 5 May, which is why I have set out the case during this short debate.

[Lord Soley]

I am going to invite the noble Lord to answer my question on this—he took a great deal of interest in it when I was asking it. It is a sort of module in his academic progress.

[Lord Strathclyde]

The noble Lord, Lord Soley, did indeed ask me a question. He asked—I wrote it down—“What happens if the Electoral Commission declares that the referendum cannot be held to an effective standard because of late changes to legislation?” The Electoral Commission has declared itself satisfied with progress so far. There is no reason why that progress should not continue. The conduct schedules to the Bill are based on tried-and-tested election rules. There is nothing new, nothing revolutionary, everything has been done before. It is on that basis that we do not accept that problems will arise.

The noble Lord, Lord Grenfell, was trying to get in but he has had a change of mind, for which I am very grateful. He does not have to intervene.

--- Later in debate ---

[Lord Strathclyde]

My point was that there was an aspect of confidentiality before the decision was announced; of course there was.

[Lord Soley]

Will the Leader of the House make clear whether this confidentiality relates to shared Cabinet responsibility, or is it entirely separate from that? Is it something that civil servants recommended, or is it a political recommendation?

[Lord Snape]

The noble Lord brusquely spurned my offer of a meeting in Stockport this weekend, but perhaps I can further tempt him to put some flesh on the bones of this. Can he confirm that there will be no real problem about adding the alternative vote to all the other matters that will be taking place if the Government get their way and we all have to troop out to vote for various things on the same day? How many people has he come across who have actually advocated the AV system? In his experience, aside from the rather peculiar friends that we all keep in politics, who, among ordinary people, knows exactly how AV works or, in fact, does not work?

Climate Change: IPCC Leadership

Lord Soley Excerpts

Monday 25th October 2010 Lords Chamber

[Lord Soley]

Does the Minister accept that, although the science on climate change is incredibly complex, all of it points in the direction of climate change being profoundly dangerous? Therefore, is it not right that, even though an organisation such as the climate change body to which he refers may make mistakes from time to time, it is critically important that, although we might examine those mistakes, we do not lose sight of the overall need to stop the pollution in which we are engaged at the moment?

[Lord Marland]

My response can be very short this time: I completely agree with the noble Lord, who is right. The Stern review showed that we have got to invest now to stop climate change in the future. I do not disagree with one word that he has said.

House of Lords: Allowances

Lord Soley Excerpts

Tuesday 20th July 2010 Lords Chamber

[Lord Marlesford]

My Lords, I support the proposals made by the House Committee and introduced by my noble friend the Leader of the House. I should like to offer some brief comments which, to some extent, relate to what the noble Lord, Lord Tomlinson, said—although they do not answer his questions and probably will not satisfy him.

First, I underline, and certainly welcome, the simplicity and lack of ambiguity in the new scheme. It will reduce to an absolute minimum the administrative cost and the bureaucratic burden on both the House and Members. I should point out that IPSA, which is tormenting MPs with its arrogance, insensitivity and pettiness, is costing £10,000 per MP per year to administer. It must be one of the most expensive payroll systems in the world. Newly-elected MPs are already expressing their resentment and irritation with it. It may well deter those who might otherwise consider becoming MPs in the future unless they are either independently wealthy or have a very low earning capacity in the outside world. I hope we never allow IPSA anywhere near the House of Lords.

Secondly, the new system may be rough and ready. It is not able and not intended to deal with individual circumstances: that would be the way which leads both to scandal and to IPSA. Some of us who live outside London will lose out, but so be it. On balance it is sensible, economical, transparent and fair.

Thirdly, to those who suggested the allowance should be taxable, I point out, because this is how the tax system has always worked, that that would enable the wealthiest with plenty of outside resources to benefit by arranging with their accountants, and through dialogues with inspectors of taxes, for their expenditure to offset the allowance under the appropriate tax codes.

Fourthly, to those who still believe that the allowance should be subject to receipts, I point out, as I did in my evidence to Cockburn, that a system based on actuals, as used in the business world, depends on three steps: first, checking the expenditure was made; secondly, ensuring that it was necessarily and exclusively related to the business function performed; and, thirdly, that the level of expenditure was appropriate to the status of the employee. These steps are the function in business of a line manager. We do not have line managers. To ask officials of the House of Lords to act as our line managers would be unreasonable, inappropriate and impractical.

Fifthly, the sums proposed—a maximum of £300 a day to cover all the cost of participating—are far from extreme. I believe that the public are much too sensible to compare this, for example, with the minimum wage. The maximum amount that one could receive would be £45,000 a year, but, on the basis of the average number of days on which we sat during the previous five years, the average would be £43,500. Let us compare that with three other reasonably comparable fields—I am sure that colleagues will have lots of other examples that they could give. An MEP currently receives a salary of £78,000 a year, a daily allowance amounting to £39,000 for a 160-day year, a general expenditure allowance of £42,000 and allowance for parliamentary assistants of £193,000. That makes a total of £352,000 per MEP, of which only the salary element is taxable. In addition, MEPs receive pensions and medical costs.

Three hundred pounds a day would pay the standard fee charged by a medical consultant, an accountant or a solicitor for about one hour. The international rate for a keynote speech of the sort which many Members in the House are experienced in making has for many years been approximately $10,000, which is £6,500 or the equivalent of five weeks’ worth of the proposed attendance allowance in the House of Lords or two-and-a-half weeks’ worth at a 50 per cent tax rate.

Let us end this prolonged discussion of our financial support so that we can focus our time and efforts on the parliamentary role for which we are privileged to be here.

[Lord Soley]

I shall speak not just on the matters before us today but also the way in which we address them. We are doing a bit of what we have done in past—it happened in the House of Commons, too; that is, amending on the Floor of the House. It is that which gets us into so many difficulties. This problem started in the House of Commons some 40 or 50 years ago. It blew apart with the passage of the Freedom of Information Act. That Act affected us here far less, but it is very important.

We need to emphasise, first, that this House is cheap to run, as my noble friend on the Front Bench said, not just by British but also by international scales of comparison. We need to emphasise, secondly, that we are unsalaried and, thirdly, that we do a very important job. We are part of the democratic system of which we should all be proud. That is why I have been so acutely concerned during the past few years by the disgrace brought on politicians by the collapse of a system which none of us could justify. Is today’s solution an absolutely good one? Of course it is not. Is it absolutely fair? Of course it is not. However, we need to look at it as part of a process, which is what I said when I last spoke on this matter. My concern is that if we go on doing what we have been doing, either in the House of Commons or here, and try to amend our income system on the Floor of the House after one report here and another there, we will continue to make mistakes.

For the past four or five years, I have argued against defining “first home” or “second home”, mainly because, in the British system of doing it, you invariably run into traps and dangers which you had not envisaged. I do not attempt to justify what David Laws said, but I ask what on earth we are doing in creating a system where it is legitimate and proper for the press or anyone else in public to ask, “Who are you living with? What is your relationship with them?”. We should not go down that road.

My noble friend Lord Tomlinson explained in a very good speech the problem of geography. I am with him on the principle, but make the point that an awful lot of people make the mistake of believing that we should say “London”—I notice how often “London” comes up. The reality is that you can get to most of the cities around London—Oxford, Reading, Chelmsford and so on—more cheaply and very often more quickly than you can get to the outer reaches of London. So that is not fair either. If you want to go to Oxford you can slip down the road to Victoria and catch a bus every 20 minutes, any time of the day or night, for £8.

IPSA in another place has suggested—I know that IPSA is not popular and I will come back to that in a second—that there needs to be another geographical way of measuring this. I am not convinced that geography is the best way of determining the question of how, as a couple of my noble friends have pointed out, we ensure that those people who come the furthest distance are given sufficient support to continue doing that.

That brings me back to the problem of how we define this. I know that IPSA is not popular. I know that from talking to colleagues on all sides of the House of Commons and from common sense. I have spent some time talking to Sir Ian Kennedy. He also knows that it is not popular. We need a system that enables us to address these problems over a period of time, getting it all right without having to have an occasional report, which we then present to the House and amend on the Floor, and then wonder why it goes wrong. I understand the feeling about IPSA and my guess is that, in the long run, it will get there but it is painful while it is learning not to make mistakes any more. If we are not to have IPSA I suggest that we need a committee of the House to look at all the anomalies and unfairnesses and address them as we go along—not in one grand slam every now and then. We need to do that on an annual or biannual basis.

Many other Parliaments have these problems. It will be a great comfort to my noble friend Lord Tomlinson to know that, when the Germans tried to pass their system over to an independent body for adjudication, the German constitutional court overruled them and said, “You can’t do that because the position of representatives, elected or otherwise, is too critical to the constitution to have another body decide it”. That is a great addition to the armoury of my noble friend sitting next to me. However, if we are not going to go down that route we need to find a better way than to amend reports on the Floor of the House because that is where it goes wrong. I have watched this happen in the House of Commons on a number of occasions.

We all had legitimate gripes about that system. It was a bad system in many ways. It often did not compensate Members in the way that they needed to be compensated for the work that they do, and exactly the same applies here. People talk about distance being unfair. I have raised the issue before that if you have a business such as a lawyer’s office or you are in academia or whatever, that gives you the administrative backup that you need so you may not need to employ a full-time person as others of us do. That is not fair either. These are complex issues that do not get sorted out on the Floor of the House in a big-bang solution every now and then.

What we are being offered today is a way of dealing with our immediate problems in a way that does not tie us up in this incredibly difficult business of defining a first or second home. We should remember that a number of noble Lords have already said that they would end up spending more time away from their primary home—which nobody questions is their primary home—because they are doing other things as well or have family commitments. Therefore, according to the rules that we have practised just recently, they would not be eligible to claim. In at least one case I know that a noble Lord has stopped claiming. There is no nice simple option. What we have today as the leaders of the Conservatives, Labour and the Cross Benches have said, is a straightforward system that is pretty robust and which we can use, but I ask the House to consider how we do this in future.

There has been a lot of talk about the media. It has to be said that the media did what they should do in exposing some of the abuses in the House of Commons and here. But—and it is an important but—the majority of MPs and certainly the majority of noble Lords in this House behaved perfectly well. There was a danger last year in my judgment that the media would inflict acute damage to the concept of democracy and to our democratic institutions. If you create a situation in which politicians are regarded with contempt—and they are never going to be wildly popular or the most popular people around—you create dangers. Curiously enough, it is that House down there and this House here that actually defend the freedoms that the media put into effect, and it would be quite good if every now and then the media remembered that. In the past 12 months, I wrote three articles on why we needed to change the existing system—one for the Sunday Times, one for the Daily Telegraph and one for the Times. None of them published them, and one of them actually said that it did not want to publish my article because it did not agree with it! Yet it is very largely what we are doing today. I noticed in the Times today a very supportive editorial for what the Government are doing today.

We should all start getting proud again of the constitution of which we are all part. We should all stand up and defend it and recognise that what happened was largely our fault because we did not change the system, but also recognise that we need some form of procedure that enables us to deal with these matters, not in some occasional debate of this type or by constantly trying to change it on the Floor of the House, but in a rather more sophisticated way. If it is not to be IPSA—and that jury is still out, as we wait to see how it deals with its current problem—we have to devise our own, because otherwise we will continue to get into problems and have to make amendments as we are doing on the Floor of the House today. If we had a trade union and a business negotiating on how you paid people and compensated people, everyone in the trade union and business would think that you had gone stark, staring mad—but we are doing it.

Government Spending

Lord Soley Excerpts

Wednesday 26th May 2010 Lords Chamber

[Lord De Mauley]

My Lords, I thank my noble friend for his question. I am delighted that he said that he will be rigorous in his questioning. I thank him for his response on this point, and I will take back his point about RDAs to the department.

[Lord Soley]

My Lords, I am sure that the Minister will take that back to the department. I am also sure that at some stage he will come back to the noble Lord and tell him what he has to think. However, my main question right now goes back to the beginning of his Statement when he did again what he did in opposition: rubbish the British economy. While that was depressing in opposition, it is positively dangerous when you do that in government. There is a real danger of a double-dip recession. This is more like the 1930s, because of its international style, than the Conservative slumps of the 1980s and early 1990s. Will the Minister not confirm that if you talk down the British economy, people will believe you and you will help to trigger the second recession which just about everyone in industry and commerce generally is desperately trying to avoid?

[Lord De Mauley]

My Lords, I am most grateful to the noble Lord, Lord Soley, for his question. I absolutely reject the assertion that the Government are talking down the British economy. I reiterate that the Governor of the Bank of England himself has said that he does not think that £6 billion of cuts will dramatically change the outlook for growth this year. He has also said that, given the bigger risk at present and the experiences of the past two weeks, it is absolutely crucial to put into place clear and credible measures to deal with the deficit.