(5 days, 21 hours ago)
Lords ChamberMy Lords, I welcome the report and what the Leader of the House has said. Some very important points have been made. As a member of the commission, I know that it is well versed in and very involved in discussions on these matters.
This is undoubtedly the right way forward. We are served in this House by some excellent and dedicated people, through all levels of service. We are going to see more joint working. Since I took over as chairman of the Services Committee, carrying on the excellent work done by the noble Baroness, Lady McIntosh of Hudnall, we have looked at having some joint meetings with the Commons Administration Committee, which will be taking place later this year. I want the Leader to think about the way in which that joint directorate is in future going to be accountable to both Houses through its membership—not just the commission, though the commission is important. A lot of business goes to the commission, and sometimes there is not always time available to us as a commission to apply the kind of in-depth knowledge and attention that is sometimes needed to the various issues that come along.
I hope that the Leader will address the issue raised by the noble Lord, Lord Foulkes, which I know is in her mind. We must ensure that the governance of any joint working body is seen to be clearly accountable to both Houses, and that it involves the memberships of both Houses. That said, I very much welcome the report.
A number of Peers present at the moment, and indeed the Clerk of the Parliaments, went home rather late last night. As we did so—the door was conveniently left open for us to go through at our liberty—I noticed a large number of heavy-duty lorries outside, parked across the bus stop. This morning, as I came in, I noticed that fencing has been erected in front of the doorway. It looks to me like a bit of an eyesore, if I am honest, and I cannot understand why we have allowed this to happen.
In connection with last night’s debate, I wonder whether it is intended that Victoria Tower Gardens should be similarly surrounded by fencing of a similar nature. I think we should be told. It seems to have happened without much consultation, under the heading of “security”, and I think it is regrettable.
I have to say to the noble Lord that it is not nonsense. There have been officers with machine guns on the door, but that does not take away the need to have a proper door that is secure for the House. I do not know whether the noble Lord has ever read the Murphy review, which covered both Houses—it may have been published when he was in the other place; I am not sure whether he was in this House then. We need to take these things seriously. All of us will have solutions and simple answers and will say, “If you do this, it will be fine”. But let us just look at getting the door up and running. The purpose today is to look to the future, and the issue before us is the joint department. I am grateful for the noble Lord’s comments; I hope that my next job will be at the UN.
The noble Baroness was talking about the minutes. I have asked the Printed Paper Office if it has copies of the minutes of the commission’s meetings. In fact, I have asked several times. There are some copies, but they date from February; they are on the table where we collect our papers in the morning. It may be that they are available online, but when I have asked the people in the Printed Paper Office, they have said, “Well, they’ll send them to us when they’ve got them to give us”.
Well, I am not quite sure why there is such a delay. The minutes of the meeting that took place this week were approved yesterday, and they will be available this week. I think the noble Lord may have been misinformed, but they are available as they have been approved. We have changed the process because they used not to appear until the next meeting, which is unacceptable, so in recent times they have been made available online ASAP. I shall check, but the noble Lord can find them on his computer, on the intranet. The minutes will appear later on, but the decisions are available as a matter of course and, if he does not get them, he should come and tell me and I shall make sure that he does.
(2 months, 3 weeks ago)
Lords ChamberMy Lords, as a signatory of the amendment, perhaps I may make one or two points in support of my noble friend Lord Ashton.
A lasting power of attorney gives the attorney a power to make decisions about two sets of things—health and welfare, and property and financial affairs. Under health and welfare, the attorney can deal with your daily routine—washing, dressing and eating. They can make arrangements for your medical care, for moving into a care home and for life-sustaining treatment. They can make use of that power when you are unable to make your own decisions.
A property and financial affairs lasting power of attorney can be used as soon as it is registered and with your permission. That allows the attorney to manage a bank or building society account to pay bills, to collect benefits or a pension, and, as my noble friend Lord Ashton mentioned, to sell your home. These are big decisions in both types of power of attorney. However, as he pointed out, what they cannot do is enable you to retire from this House when you have lost your faculties.
I am particularly interested in this amendment because, having been on the Conduct Committee for the last three years—I came off it in January—it appeared to me and perhaps to other members of the committee that loss of mental capacity is something that this House will have to deal with in a humane but none the less determined fashion. Had the noble Lord, Lord Harris of Haringey, been making that point about this being out of scope of this Bill in a court, I would have said it was a mere pleading point and, “Shall we just get to the substance?” The substance is that this is an issue—the noble Lord, Lord Wallace, was right to address it—that has to be dealt with, if not within this Bill then in some other way by the House, because we are facing a growing and difficult problem of people who are beginning to fail to understand that they should no longer be here. It may be cruel to expel people, but if they could make up their own mind, they would do so. We need to cater for those who have lost the ability and the capacity to make that decision.
I urge the House, if it does not accept the amendment in its current terms, to understand that this is a problem that faces us, and we must deal with it as a House.
Perhaps I may say a few words as the predecessor of my noble friend Lord Ashton of Hyde as Chief Whip for the Government in this House. When I was serving under the noble Baroness, Lady May, she was very keen to make sure that the numbers in this House did not increase exponentially. We have the noble Lord, Lord Burns, in his place today, to thank for a very good report on not increasing the numbers in this place.
I spent a lot of time, along with my noble friend, trying to urge people to retire when they could no longer participate in this House or do anything to add to our deliberations in any way. I felt that we needed to do something about this. So when this amendment was pointed out to me, I did not take the view of the noble Lord, Lord Harris of Haringey, although I totally agree with his analysis that it is not covered by the Short Title of the Bill, except for the reference to “hereditary Peers”. This should apply to all Members of the House, and I urge the Government, when they come across this issue on Report, to propose their own amendment to address it on behalf of the whole House, or to suggest ways in which we can do so with the support of all Benches. The need to achieve this objective has been very well explained.
(2 months, 3 weeks ago)
Lords ChamberMy Lords, I put on a tie this morning which represents the royal agricultural societies of England, Wales, Scotland and Northern Ireland. Where are they on this list? I learnt something about this—and the former Leader of the House my noble friend Lord Strathclyde and the then Cabinet Office Minister my noble friend Lord Maude will know about this—in the Public Bodies Bill. Schedule 7 to that Bill listed the public bodies that we were going to abolish, and we ended up having to revoke that whole schedule. Lists are an abomination in legislation. I advise the Committee that my noble friend is wrong, and I disagree with him totally on this idea.
My Lords, with due respect to my noble friend, I want to say something on this proposal. The House can normally rely on the noble Lord, Lord Blencathra, for good sense, but this is a seriously bad idea and I can rely on my noble friend the Lord Privy Seal to explain in detail why.
I just want to make the point, speaking as a member of the professional body listed at subsection (5)(z33) of the proposed new clause, that the idea that we come here to provide expertise, professional advice or technical advice is seriously wrong. If we want such expertise, we should pay for people to come and tell us rather than expect individual Members to provide it on the fly. It is the wrong form of representation within this House. I say to the Committee that, as a jobbing actuary, my hourly rate is significantly more than the daily allowance, so I do not want members of my profession or other professions to be taken advantage of.