(10 months ago)
Lords ChamberMy Lords, my noble friend quite rightly stresses the importance of the role of the Iranian Government and the Iranian regime. One must not forget that, looking at the whole span of human history back to ancient times, Iran has been a vital and greatly civilised place in the world, and it will always be a powerful force in that region, whatever the circumstances. However, it is incumbent on people who have authority, power and strength to use them with wisdom and for specific and constructive purposes. That is not, as my noble friend said, what the Iranian regime is doing at all; it is doing the reverse and is responsible for a lot of the instability in the region, including in relation to the Houthis. We have made it clear to Iran that we view it as bearing responsibility for the actions of these groups. We will continue to discuss with allies what the appropriate further actions on Iran may be.
My Lords, the Leader of the House is clearly right when he says that it is often difficult to assess the effectiveness of the kind of action that has taken place, although the Statement says that the first assessment of the wave of strikes that took place provides
“evidence that they were successful in degrading the Houthis’ military capability”.
Surely one other, perhaps more precise, measure of the effectiveness of any strikes would be the effect on traffic in the Red Sea and through the Suez Canal. Does the Leader of the House have any precise information about the effectiveness so far on the levels of shipping in that area?
My Lords, the efforts that we are making with Prosperity Guardian are to seek to secure, so far as we may, the most secure and most effective situation for the movement of traffic by sea. The choice of where to travel in such circumstances is a matter for those who are operating vessels. It is the case that some vessels are diverting and some other vessels are not diverting. The noble Lord is quite right to say that these matters need to be kept under careful examination. We are doing that, and our allies are doing that. The end result we wish to see is that all people operating commercial shipping feel able to continue using these waters, rather than feeling that they have to divert around the Cape.
(1 year, 2 months ago)
Lords ChamberMy Lords, I would not consider it to be chaos. In fact, I thank the usual channels, who have agreed to sit early to maximise scrutiny time on the levelling-up Bill. The aim is to conclude Report without recourse to a late sitting, which I think many of your Lordships find a great inconvenience.
My Lords, is this the right occasion—if it is not, I am still going to raise it—to consider what a sensible time is for the House to sit? It is not a choice, as it is frequently presented, that the sensible time for us to start on a Wednesday, for example, is 3 o’clock in the afternoon and then we can sit till midnight or thereafter, when the whole quality of debate, the capacity of Members to make a decent contribution and the number willing to do so diminish, and then, out of the blue, when it is convenient to the Government—I fully understand why—we have to start early on certain days on this short-term basis. It seems to me that no serious disadvantage would occur if we regularly started earlier and finished earlier. Is it not time that we made some changes in this direction?
My Lords, obviously, that is a matter for the House as a whole, and this probably is not an appropriate occasion to launch a major debate on it. Obviously, we sit earlier on a Thursday. As noble Lords will know, the tradition and reality of this House is that many noble Lords have other activities to undertake—
(1 year, 4 months ago)
Lords ChamberMy Lords, I think the question of “disproportionate” was answered by Members of your Lordships’ House rather than me, so I will not add to the pain of those Benches. I think that there needs to be—and I have advocated this publicly in the House and privately—better representation of His Majesty’s Opposition in your Lordships’ House. I do not think it is generally acceptable that His Majesty’s Opposition should have fewer representatives in this House than the Cross Benches. I recognise that, and for all the criticism of the previous Prime Minister, Mr Johnson, he approved the appointment of Labour Peers. I hope that will go forward.
My Lords, a part of this report that I particularly enjoyed was the piece saying that
“the ending of the hereditary peer by-elections … is crucial”.
There are two more of these wretched men-only by-elections pending as they stand. I appeal to the Leader, who talks about proportionality. It is his responsibility—and he knows the constitution well enough—not just to speak for his party but as Leader of the House to speak for the whole House. The whole House is absolutely clear by an overwhelming majority, repeatedly tested in votes on this issue, that hereditary Peer by-elections should end. I ask him to go to his colleagues in the Cabinet, tell them that there is no defence of this system whatever—I challenge him to provide one—and say that a simple two-clause Bill would scrap them, which would be consistent with the wishes of nearly everyone in this Chamber.
I think the Government have other legislative priorities. The noble Lord knows how highly I esteem him. He is a bit like the elder Cato, who ended every speech in the Roman Senate by saying that Carthage must be destroyed. Unfortunately, Romans later looked back and said that when Carthage was destroyed was perhaps the beginning of the end of Rome. I am sure that, one day, the hereditary peerage will—and that has been long accepted—depart this House. Many will be sad of that. When it does, the full gaze of the public will turn on the life peerage and how that, in its turn, will stand the test of time.
(2 years, 6 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have, if any, to reform the current system of appointments to the House of Lords.
My Lords, there are no plans to make changes to the current system of appointments.
My Lords, on Monday, at Questions, the Minister gave a clear indication that there might be. He said that because of the number of government defeats in the Lords there might well be some more Tory Peers on the way, even more than at present. Can he confirm at least the facts, which are as follows: that the number of Tory Peers today as a proportion of the whole House is 33%, which is far higher than when the last Labour Government were in power, and that the Government now have an absolute majority of the political parties over Labour and the Liberal Democrats combined, something we could only dream about when a Labour Government were in power? So if despite all these advantages that this Tory Government have got the Prime Minister is worrying about losing votes, is it not clear that the problem is not the shortage of Tory Peers but a Government who simply cannot get their act together?
My Lords, there are a lot of questions there. The original Question, which I answered, was whether there are plans to reform the current system of appointments to this House, and I repeat that there are not. So far as numbers are concerned, I did not notice the noble Lord being reticent when he was advising Mr Tony Blair on appointing Labour Peers.
(2 years, 7 months ago)
Lords ChamberMy Lords, I am grateful to those who have spoken. In case I forget it, I will take up right at the start the point made by the noble Baroness, Lady Hayman, about post-legislative scrutiny; she has made it before. As I have said from the Dispatch Box and in our engagement, it is something on which the Government are reflecting.
If the proposition put by the noble Lord, Lord Woolley of Woodford, and the noble Baroness, Lady Jones, to leave out Clause 1 and Schedule 1 is accepted, your Lordships’ House will be saying to the other place, in striking out the whole proposition, that noble Lords find it perfectly reasonable for photographic identification to be required in our society for travelling, picking up a parcel and being allowed to drive but not for choosing Members of another place. That is the message your Lordships would send to another place, which has sent us this Bill with its approval.
As has been said by a number of those who have spoken, this topic has been discussed exhaustively in both Houses at almost every single stage of the passage of the Bill. This is not the first time that we have seen these amendments so I will keep my speech on the main points short; however, I will answer the detailed amendments that have been put forward.
The Government’s position on this debate has not changed. As the noble Lord, Lord Woolley, acknowledged, introducing a requirement to show identification to vote in polling stations was a manifesto commitment, was discussed during the election and is an issue in which the Government believe strongly. In our submission, voter identification is part of a series of measures that will help to prevent fraud and abuse taking place at polling stations.
There are issues of climate and balance, both of which were spoken to wisely by the noble Baroness, Lady Fox, and my noble friend Lord Hodgson of Astley Abbotts. We have thought carefully about these matters and believe that this is a reasonable and proportionate measure. I want to reassure the Chamber again that everyone who is eligible to vote will continue to have the opportunity to vote.
In an impressive speech that should give food for thought to a number of us, my noble friend Lady Verma asked whether the voter card was only for people without other accepted forms of identification. It is certainly in the interests of accessibility and helping people to vote and intended for those without other accepted ID, but there is no restriction on anyone applying for the free voter card, as long as they are registered or have applied to be. Cards will be available free of charge from each elector’s local authority for any elector who does not have one of the wide range of accepted forms of identification that the Government are already proposing—not unrecognisable identification, as the noble Lord, Lord Rennard, claimed, but yes, expired identification if it is recognisable.
Similar measures have been in place across the world and in this country; Northern Ireland has had photographic voter identification since 2003, when it was brought in by the Labour Government of the time. As I have said before, we submit that this is part of an essential suite of measures to ensure that our democracy continues to be effectively protected from fraud. The Government therefore cannot support an amendment to remove these propositions.
I will address specifically the various amendments that fall short of the total rejection of the proposition of photo identification. I think the noble Lord, Lord Desai, would fairly acknowledge that his speech was not entirely welcome to some in the House, but he spoke one truth that was picked up by my noble friend Lady Verma. He said he saw no reason why anyone should be put off by having to show photographic identification, and we agree with him on that.
The noble Lord’s Amendment 2 would provide that the Electoral Commission should be responsible for issuing voter cards, rather than individual EROs. Amendment 3 would say that voter cards should be issued automatically to all eligible electors rather than just those who apply for them, and Amendment 4 has specific details that should be on the cards. Collectively, they would make a significant change to our voter identification policy. By including significantly more personal information and mandating that they be issued unilaterally to the entire electorate for relevant elections, the noble Lord’s proposition would in effect become tantamount to a national identity card. He is very happy about that, as indeed is the noble Lord, Lord Maxton, but this is not something that the Government intend in any way in these propositions or have plans to introduce, and therefore—I regret to tell the noble Lord, Lord Desai—not something we can support.
I now turn to Amendments 5 to 7, spoken to by the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Stunell, regarding alternative options for voters to prove their identity at polling stations. The Government cannot support these amendments either, as they would open the way to use of documents that are less secure than those in the list we have put before your Lordships.
The first suggestion, in Amendment 6, is that an elector could prove their identity by showing any document issued to them by their local authority or returning officer that shows their name and address, or their poll card. This is not something we can support. Few, if any, such documents will show a photograph of the elector, so they cannot be used simply and easily to prove at the polling station that the bearer of the document is who they say they are. Such documents could easily be intercepted—particularly in places of multiple occupation, for example—and could give false legitimacy to a potential personator.
Allowing any documents issued by local authorities or returning officers would also open significant avenues for forgery, for a forger would simply need to copy the letterhead from correspondence, which would be straightforward to extract from an electronic version emailed to them by their local authority.
Similarly—and I know the noble Baroness feels strongly about this, and I understand her feelings about it—permitting attestation at polling stations is not something this Government can support. Again, all attestation would leave open an avenue for electoral fraud, and potentially expose legitimate electors to a situation which I know from our previous debates everyone in this House wishes to prevent, where an elector could be intimidated or coerced into breaking the law to falsely vouch for a person.
The Minister mentions attestation, but this Bill specifically introduces at a later stage the allowing of attestation for overseas voters to get on the electoral roll, so I cannot see why he is quite so concerned about this.
My Lords, I am explaining to the House why we are concerned in this particular context. I would have thought the noble Lord, having listened to the speech by my noble friend Lady Verma, might feel there is something in what she said.
I wish to reassure your Lordships that our intention remains to realise our ambition that the last possible point at which electors can apply for a voter card will be 5pm the day ahead of a poll. We consider that this too should reduce the need for attestation. Up to 5pm the day before a poll, the card will be available.
I now turn to Amendment 8 laid by my noble friend Lord Willetts—others have supported it. It suggests an even wider number of new documents that could be used as a form of identification at the polling station. This too is a topic debated at length in both Houses, and the other place settled on the propositions we have before us.
As I have already discussed, the majority of these suggestions do not show a photograph of the elector and so cannot provide the appropriate level of proof that the bearer is who they say they are. Looking further down the list in Amendment 8 at some of the suggestions which do display photographs, I wish to reassure noble Lords that the list of identification was developed with both security and accessibility in mind—this point was addressed by my noble friend Lord Hodgson of Astley Abbotts in his thoughtful speech. Unfortunately, some of the forms of identity listed in my noble friend’s amendment are not sufficiently secure for this purpose.
We cannot permit any workplace ID or student ID card, as we cannot be sure of how rigorous the process is to issue these documents. The 18+ student Oyster photocard and the National Rail card have also been suggested before—unfortunately, currently, the process for applying for these documents is insufficiently secure for the purposes of voting. The final suggestion on the list is the Young Scot National Entitlement Card. This card is accredited by PASS, the National Proof of Age Standards Scheme, and so will already be accepted as proof of identity under the current proposed legislation.
Should further forms of photo identification become available and—I stress this—be sufficiently secure, I reassure the House that the Bill already makes provision, in paragraph 18(4)(1Q) of Schedule 1, for the list to be amended so that additional identification can be added or removed as necessary without the need for further primary legislation.
In summary, taken together, these amendments would weaken the security of our elections and the propositions that we have put before your Lordships. Therefore, they are not something we can support. I urge the noble Lord to withdraw his amendment.
I apologise for intervening again, as we are trying to get on with this, but I did ask a specific question. What, if any, estimate have the Government made of the effect of these proposals on turnout in elections? If they have not made any estimate of that, why not?
(2 years, 8 months ago)
Lords ChamberMy Lords, I have indicated previously to your Lordships’ House that the Government are determined to take the various aspects of constitutional consideration forward; I gave the House examples of the different workstreams. I simply do not agree with the noble Lord that there is not cross-party agreement on certain things. For example, the removal of the Fixed-term Parliaments Act was agreed across the House and the principle of it was subject to very extensive consultation and examination.
My Lords, as the Minister is aware, there is currently a parliamentary by-election taking place in this House, the result of which is to be declared a week on Wednesday. I have the documents here: we now know that all nine candidates and all 46 voters are Conservatives. If the Minister was an election observer at this election, would he describe it as free and fair?
It is certainly a secret ballot. The noble Lord is well known in the House for his assiduous pressing of this point—he almost qualifies as the elder Cato on Carthage—but the system remains enacted by Parliament, and it will remain until Parliament decides otherwise.
(2 years, 9 months ago)
Lords ChamberI fear I must say to the noble Lord, who I greatly respect and admire, that I simply stated a feature of the Fixed-term Parliaments Act that the party opposite wishes to retain: that there should be a Commons veto on Dissolution. That is what I said, and that is a fact. If the party opposite votes for this amendment, it will be voting for a House of Commons veto potentially on its own Dissolution—it is written there in the book.
If the Minister is going to give us a history lesson on how people have acted and voted, could he remind us how he and his colleagues voted on the Fixed-term Parliaments Act?
(2 years, 10 months ago)
Lords ChamberMy Lord, if the Minister is going down the path of history, can he please address the specific point? On three occasions, the Prime Minister in—I agree with him—that dreadful Parliament, obtained a majority for a general election. That is not a theoretical speculation—it is fact.
My Lords, I am coming on to that, as I just said to the House I would. You can look at those circumstances in different ways, I would submit. Perhaps I will deal with that and then go on to the other point.
The Government had effectively lost the confidence of the Commons on the central purpose of its being, which was to deliver the referendum result on a key European policy. As the noble Lord opposite says, they tried to call an election three times, and three times the Commons refused to grant one. Why did the other place refuse to grant one? I cannot remember which noble Lord it was who said in the debate that it was because the leader of the Opposition sat on his hands and decided to prevent an election taking place. The noble Lord said he would not have done, but he did—three times.
The votes for dissolution were 298 on 4 September, 293 on 9 September, and 299 on 28 October. On every occasion they fell short of a majority. The Labour Party cast its vote to secure what it manifestly wished to do, which was to prevent the Prime Minister going to the country. Three times Mr Corbyn was presented—like Caesar on the Lupercal—with the crown of the election that he could have had the following day, on 4 September, 9 September and 28 October, and he declined.
The noble Lord suggests that of course if they had known there would be an election, the Opposition would never have sought to vote against it. By sitting on their hands, the Opposition defied the people and did not have an election.
(2 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the balance in the House of Lords between members taking the Government whip and members taking the whip of the Official Opposition as a factor when considering future recommendations for appointments to the House.
My Lords, the Prime Minister makes nominations in response to the needs of the House for expert and specialist knowledge and experience and to maintain its political balance. This ensures that the Lords continues to fulfil its role in scrutinising and revising legislation while respecting the primacy of the Commons and the conventions between the two Houses.
Can the Minister confirm that, when Labour left office in 2010, the number of Labour Peers exceeded the Tory Opposition by 26 and that, under this Government, the number of Tory Peers exceeds the Labour Opposition by 89? Can he also confirm that Tory Peers now constitute a third of the Members of this House and 50% of those taking the party whip—far higher than in any recent Administration? Is the scale of Tory appointments in recent years not at best a disregard of normal conventions and at worst a clear abuse of prime ministerial power?
No, my Lords, I do not agree with that. Obviously, it depends what base you take for your statistics. The noble Lord opposite referred to the political House, which is now 32.1% Labour; the Labour vote share at the last general election was 32.1%.
(2 years, 11 months ago)
Lords ChamberMy Lords, the noble Lord is an indefatigable—I am not sure that I can say that word with the current state of my voice—advocate of the national risk register, and I accept where he is coming from. Obviously, there are certain unknown unknowns that are difficult to know, but I absolutely accept the spirit behind his question.
My Lords, which are the unknown unknowns that are easy to know?
I will bow to the superior ingenuity of the noble Lord opposite on that question.
(3 years ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the operation of section 2 of the House of Lords Act 1999; and what plans they have, if any, to amend section 2(4) which has so far resulted in 43 by-elections to replace hereditary peers.
My Lords, the Government currently have no plans to amend Section 2(4) of the House of Lords Act 1999 to end by-elections for replacing excepted hereditary Peers.
My Lords, I am not in the least surprised by that reply. As the noble Lord knows, a by-election is taking place as we speak—the drama of it is among all of us. It is the seventh this year and, as the Minister knows, following the retirement of the Countess of Mar, there are now no women at all among the 92 hereditary places. Is it not obvious to the Minister, as it is to pretty well everyone else—apart from maybe half a dozen in this House—that a system of by-elections in which only hereditary Peers can stand and, in most cases, only hereditary Peers can vote, and which in practice is for men only, is not just indefensible but risible?
My Lords, if the noble Lord was not surprised by my Answer, I was not surprised by his question. The Act was part of an understanding and agreement that was enacted in statute and then as required in Standing Orders in 1999. The noble Lord was PPS to the Prime Minister at the time and assented to that. Yes, there is a by-election today. I have voted in it and, in accordance with the Carter convention, I voted for a Labour Peer. I have kept to the agreements made in 1999.
(3 years, 4 months ago)
Lords ChamberMy Lords, the Conservative manifesto committed to looking at the role of the House of Lords. That is the manifesto position. We are keeping these issues under consideration but have been clear that we do not want piecemeal reform.
My Lords, with respect to the Minister, I do not think that was much of an Answer. It was a pretty simple Question; a yes or no would probably have been acceptable. The Minister has been involved in these issues for a long time and will be aware of two proposals for reform that are strongly supported in all parts of the House. The first is to reduce the size of the House to around 600 Members. The second is to end these ridiculous by-elections for hereditary Peers. Given that these two reforms are simple and popular and would cost nothing and hurt no one, will he tell us whether the Government are prepared to support them and, if not, why not?
My Lords, on a cap on the size of the House, which we have frequently discussed, both the previous Prime Minister and the current Prime Minister have made it clear that it would require further consideration and wider engagement and have not accepted that proposal. As for the noble Lord’s repeated efforts to put forward his Bill, we look forward to discussing his Bill. I will ask him to explain, when he introduces it at Second Reading, why he supported the House of Lords Reform Act 2014, which reinforced and entrenched the position of hereditary Peer elections in this House.
(3 years, 5 months ago)
Lords ChamberMy Lords, I certainly agree that striving for commonalities is wise advice to us all.
My Lords, on constitutional reform, can the Minister confirm that, following the retirement of the Countess of Mar, all Peers among the 92 places reserved for hereditaries are men; that all 21 candidates in today’s by-election for three Conservative hereditaries are men; and that all 10 candidates for the Cross-Bench vacancy are men? Is this not utterly unacceptable? What are the Government going to do about it?
My Lords, the Government will continue to apply the law of the land until the law of the land is changed.
(3 years, 10 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to limit the size of the House of Lords.
My Lords, given retirements and other departures, some new Members are essential to keep the expertise and the outlook of the Lords fresh. This will ensure that the Lords continues to fulfil its role in scrutinising and revising legislation while respecting the primacy of the Commons.
Can the Minister confirm that in the past 12 months the Prime Minister has appointed 59 new Peers, bringing our total membership to 833, and that, if we continue at anything like this rate, by the end of a five-year Parliament there could be close to 1,000 Peers? Given that this House has suggested practical ways to reduce our numbers, will the Government work with us to achieve this or, if not, is it really government policy to increase our size with no upper limit whatever?
My Lords, the Government’s concern is that the House of Lords operates effectively, as I believe it does. The noble Lord who asked the question was a private secretary to a previous Prime Minister, Mr Tony Blair, between 1997 and 2001, when more than 200 Peers were sent to your Lordships’ House. Perhaps it was that painful experience that makes him so militant on this subject.
(4 years, 2 months ago)
Lords ChamberTo ask Her Majesty’s Government what assessment they have made of the case for an upper limit on the number of members of the House of Lords.
My Lords, the size of the House of Lords needs addressing, but given retirements and other departures, some new Members are essential to keep the expertise and outlook of the House fresh. This will ensure that the House continues to fulfil its role in scrutinising and revising legislation, while respecting the primacy of the Commons.
My Lords, when the Minister checks Hansard, he will see that that was not an Answer to the Question that I put. Is he aware of the concern right across the House that, at a time when we are voluntarily reducing our numbers, the Government seem to be going in exactly the opposite direction? Have the Johnson Government abandoned the May Government’s support for reducing our size, and do they believe that there should be any limit whatever on how much larger the House should become?
My Lords, the preceding Prime Minister did not accept the Burns committee’s recommendation that the Prime Minister should commit to a specific cap on numbers, and that is the position of the Government.
(4 years, 8 months ago)
Lords ChamberMy Lords, I doubt anyone would disagree that the absolute priority—a term we sometimes use loosely—of the Government at present must be to deal with the virus. However, in the way that different countries have reacted, is it not at least worthy of reflection—I put this in as neutral a way as I can—that when individual citizens of individual countries face a real crisis, they look not to supranational bodies to resolve it, although of course they want countries to co-operate with each other, but to their own Government? In many cases, that leads to them closing their own frontiers. Does that not give some pause for thought about the continuing expectation of the populations of individual nation states to look to their own Government in times of crisis?
The noble Lord makes a very interesting point. Of course, it does not in any way resile from the views of those countries about their membership of the European Union. It is not for us to comment on the policy of other countries, but he is certainly right that different approaches are being made by different countries. Each one will adopt policies, as we are, in the interests of securing the livelihoods and lives of its citizens.
(4 years, 9 months ago)
Lords ChamberMy Lords, I do not answer for Vote Leave; I was not a member of Vote Leave. I was trying to lead a local authority at the time. Business in this House is a matter for the usual channels. The direct answer to her question is no; the Government intend to procure a successful negotiation and successful outcome, and we hope very much that that view will be shared by our friends and allies in Europe. We will continue the negotiations with a view to a successful free trade agreement and agreement on the other matters covered in the Statement before December.
Like the Minister, who I welcome to his post, I do not want an academic debate about sovereignty, but I do think that, in having a sensible discussion, it is fundamental to recognise the difference between having relationships with other countries via treaties or any other mechanism and a relationship between sovereign states. To have the kind of organisation that exists in the European Union, of which we are thankfully no longer a member—whereby the multi- national organisation can legislate, trumping domestic law, and that can be interpreted by courts outside the control of the nation state and its legislators cannot be removed by the people of the nation state—is a difference in kind. It is not a gradation. It is time that people recognised that and put that particular argument to one side.
My Lords, I profoundly agree with what the noble Lord said. I thank him for what he personally said and reciprocate with my respect for him and, indeed, the noble Lord, Lord Howarth, and their strong voices through the past two or three years against the overwhelming view on the other side. I agree with their analysis; I do not agree with that of the noble Lord, Lord Wallace.
(6 years, 2 months ago)
Lords ChamberMy Lords, the best way to respond to the spirit of the Burns report would be to pass this Bill and turn it into an Act, because, for as long as it remains on the statute book, for every one hereditary Peer who leaves for whatever reason, he or she—well, it is “he”, actually—will always be replaced by another hereditary Peer. Everyone else would be under a system whereby it is two out and one in, with the exception of the hereditary Peers. I suggest that if the noble Lord is concerned about the Burns report, he should withdraw his amendment.
My Lords, surely this is a matter than can be addressed when we reach the Burns report. I understand the fervour of the noble Lord, Lord Grocott, who is a good old Labour man, to end the procedure that his party agreed on. However, every time he puts his point before the House, I feel that I must repeatedly say, so that the public realise, that the result of this legislation would be the creation in time of an all-appointed House of Lords. That is the effect of this legislation, but the noble Lord never refers to the effect. One of my fundamental objections is that we would, through passing this legislation, create over time an all-appointed House of Lords without the consent of the British people to a manifesto commitment or a Bill brought before Parliament by a Government. That is the proper way to proceed. This House should not, by a hole-in-the-wall procedure masquerading as modernisation, pass legislation that will have the effect in time of creating an all-appointed House for which there is no current democratic consent. Every time the noble Lord, Lord Grocott, makes his point, I will put that point before the public.
As always I thank my noble friend for his agile clarification for the House. I agree that I would not want to see him upset by the removal of the Lord Great Chamberlain and the Earl Marshal. By the way, the previous Earl Marshal was a very assiduous attender of this place.
If the House is going to be asked to vote, we need to know what we are voting on. The noble Lord, Lord Grocott, has put this Bill before the House. My noble friend Lord Northbrook has tried to clarify the point which my noble friend Lord Cormack supports, which is that the Lord Great Chamberlain and the Earl Marshal should stay. The noble Lord, Lord Grocott, thinks that they should go. It is a rather minor point, but actually this is a legislative House. Given that, before we vote, can we be told by the mover of the Bill what he is proposing? He wishes to remove all 92; that is the effect of his Bill and that is his intent. We have heard what my noble friend Lord Cormack says, but what is the mover of the Bill telling the House?
My Lords, the Bill is quite clear. It says:
“No more than 92 people at any one time shall be excepted from section 1”.
That means that the 92, including the two referred to by the noble Lord, would no longer be Members of the House of Lords—or rather that their membership would not pass to their successors. It does not affect in the slightest their capacity to perform ceremonial duties. I have tried to follow this but I simply do not understand the method of succession for the Lord Great Chamberlain; it is beyond me. Do not try to explain it. I want to protect the Bill in its present form and I hope that the noble Lord, Lord Northbrook, will withdraw his amendment.
The effect of the Bill is not as the noble Lord, Lord Cormack, said—that the two Peers or their successors would remain. They would all go. That is a perfectly clear position and I am grateful to the noble Lord, Lord Grocott, for clarifying it. It is not what the noble Lord, Lord Cormack, wished for but I am thankful for the clarification.
My Lords, one or two people in the House for whom I have great respect have suggested that we could solve the issue of absurd by-elections on a party basis—because in the case of Labour and the Lib Dems, we have only four hereditary Peers, so we get these idiotic procedures—where the whole House votes. I have two problems with that, one of which is insurmountable. The first is the turnout, as referred to by the noble Earl, Lord Caithness. He rightly said that turnout figures can be very high in party by-elections: in the Lib Dem by-election, I think that the turnout was 100%. There were three electors, all of whom voted, so that is a high percentage.
However, turnout figures are consistently very low—often less than 50%—when a turnout of the whole House is required. That is lower than the lowest turnout in any constituency in the country at the last general election, by way of a useless fact, mainly because I am sure that people like me think that the system is idiotic so do not bother. Certainly, the whole-House elections have a low turnout so the noble Earl, Lord Caithness, would be proposing a system with a low turnout.
The far more fundamental issue, which is why I hope that the House will reject this proposal, is that this does not nothing whatsoever about the spectacularly unrepresentative nature of the register of hereditary Peers. The question of who can vote is one thing—by all means, you can put forward a proposal for the whole House if you want to—but we would still face a choice restricted to the 211 people on the register, 210 of whom are men and among whom there are no members of ethnic minorities, for example. It is utterly absurd to proceed with by-elections, whatever the mechanism of election or the electorate, if the eligibility of the people to stand is so totally unrepresentative. I hope that the noble Earl, Lord Caithness, will withdraw his amendment.
I can see entirely the logic of the position of the noble Lord, Lord Grocott. Obviously, it is an argument more broadly for reform of peerage law, not just through the Bill.
It is not for me to speak on behalf of the Procedure Committee, although I am a member of it. The noble Lord, Lord Trefgarne, said that this matter was put to the committee on his request, as well as that of the noble Duke, the Duke of Wellington, I believe, speaking from memory. That is true. The Procedure Committee considered it but felt—as I believe is the mood of the House generally, beyond your Lordships’ committee—that with the Burns report’s proposals before the House and a stage of incremental change approaching, this was perhaps not the moment to address the perfectly understandable and reasonable point put forward by the noble Lord. That is my personal position; I do not speak on behalf of committee members. I understand that the House can take a different view from the committee. My noble friend Lord Caithness sees his proposal as an improvement to our system. It is a genuine attempt to improve the Bill and the noble Lord, Lord Grocott, has given the reasons why he opposes it. As far as the Procedure Committee is concerned, with this Bill and the Burns Committee before the House, this might be best addressed at a later stage.
The noble Lord is suggesting that, and of course it is utter nonsense. I will not follow on with what I am tempted to say, because it is very rare that the noble Lord speaks nonsense. The reality is, of course, that in time there will be attrition. I believe that anybody who has the honour of being Prime Minister should have regard to balance. I had the honour of working in the Administration in No. 10 under Sir John Major, and it was put to Sir John frequently at that time that it would be good to have more Labour creations. I think that the failure to have more Labour creations at that time led, probably indirectly, to the anger that caused the 1999 Act. Of course, there should be fairness as well as restraint in creation, and I think that the Prime Minister is trying to have that.
My point is that I do not think that there is a principle of friendship and comity across the House for a majority in the House which is not the Conservative Party—although many might agree with it. I am sorry if they do; I try to persuade them. But I do not think that we should pass legislation—and I could not support legislation—the back door of which would be to strike heavily at the political strength of the Conservative Party, the governing party. It would cut the number from 250 to 200—which the noble Lord, Lord Adonis, said he would welcome. Yes, it would be over time, but I remind the House that, I think, 20 Conservative hereditary Peers are already over 75 and a number are over 85, and the effect will take place.
I have prolonged my remarks because of interventions. I think that the principle is clear: I believe that, if the House wants to proceed with legislation, an element of fairness towards the Conservative Benches and the Cross Benches could be achieved by including an amendment of this type. I beg to move.
Perhaps I could clear this up with a couple of facts. On the question of the party strengths in the House of Lords, I do not think that the noble Lord, Lord True, need worry too much about a Conservative leader ensuring that their party strength in the House of Lords remains strong. By way of illustration, the Labour Party was elected with a huge majority of 157 in 1997, at which time there was a colossal majority of some 200 or 300 Conservative Peers in the House of Lords. Many of them—90% of them—went in the 1999 Act and we have only the cream left: the 10% who were elected, the noble Lord, Lord Trefgarne, and the noble Earl, Lord Caithness, among them. However, it was in 2006, nine years after the Labour Government were elected, that Labour became the biggest party, although obviously not the majority party. So the Tories were the biggest party for the first nine years of a Labour Government with a majority of 157 in the House of Commons. The noble Lord need not worry: the Tories are much better at making sure that they have friends in this House. Does he know how long it was after the 2010 election before normal service was resumed and the Tories were the biggest party again? It was just two years: by 2012 the Tories were the biggest party. So if the noble Lord, Lord True, is having sleepless nights about Tory leaders not appointing enough Tory Peers, I think that he can sleep well.
On the other crucial fact, with respect, talk about making a mountain out of a molehill over the disproportionate effect of my Bill on the future composition of parties in the House of Lords! I have been doing calculations on a sheet of paper while the noble Lord has been talking and just for the record, since the 1999 Act there have been, I make it, 34 hereditary Peer by-elections, roughly one third of the total. Of those, nine were Conservatives. So over a period of 19 years, although he used the phrase “striking heavily” about the effect on party representation in the House of Lords, the Conservative membership would be down nine if my Bill had been in operation. Just for the record, the Labour Party would have been down two, so the net benefit to the Labour Party in opposition over the Government would have been seven Peers over 19 years. Once again, I suggest to the noble Lord that he can sleep well still, even with that anxiety hanging over him about the future.
(6 years, 8 months ago)
Lords ChamberI am afraid the noble Lord needs to attend rather more frequently before he makes interventions on what happened when. The Bill was passed. There were long discussions and long debates; I do not object to that. However, what is happening here is a deliberate attempt to do in Committee what should have been done at Second Reading. These are age-old procedures and I respect them enormously: First Reading, Second Reading, Committee, Report and Third Reading. To do what is being done now in Committee is an abuse and it should stop.
My Lords, before the noble Lord sits down, he has spoken of abuse—we are in Committee, so I may come back—I believe that I tried to make a reasonable speech and I asked the noble Lord a specific question on Amendment 33A. He has not had the courtesy to respond. I am disappointed by that; it was meant as a constructive amendment to enable progress to be made, I do not accept widespread, scatter-gun accusations of abuse against those of us who seek to make a contribution on this matter.
My Lords, the noble Lord, of all people, should know that we will debate Amendment 33A when we reach it. If I start responding to amendments we have not even reached, we will go on even longer.
(7 years, 8 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Kerr, quite rightly—and entertainingly as always—referred to the crucial element of parliamentary sovereignty. We have heard from top lawyers and diplomats and I only offer some thoughts as a run-of-the-mill parliamentarian. I could not possibly vote against parliamentary sovereignty. Voting against an amendment such as this would be like voting against motherhood and apple pie. It is something in which I passionately believe. It was one of the reasons why many people—and I was one of them—were concerned during the course of the European referendum because it seemed incontrovertible that the way in which the European Union had developed involved a steady erosion of parliamentary sovereignty. It would be quite difficult to disagree with this proposition.
When addressing this amendment, we have to decide what a decision by Parliament actually comprises. I am forced to read the amendment. Proposed subsection (1) refers to,
“without the approval of both Houses of Parliament”.
Subsection (3) requires:
“The prior approval of both Houses of Parliament”,
Subsection (4) refers to:
“The prior approval of both Houses of Parliament”.
With great respect to the weight of legal opinion being offered, to propose this amendment without being clear as to what is involved in the approval of both Houses of Parliament is to leave an ambiguity at its heart. It is hardly necessary to add to what the noble and learned Lord, Lord Mackay, has already said.
I was concerned about this from the start. I raised it in Committee. There has been an attempt to move towards answering the question, “What happens if the Commons say ‘yes’ and the Lords say ‘no’?”. The solution is certainly not contained within these amendments.
I made an, admittedly inadequate, attempt with the Public Bill Office to see if there was any way in which I could put down an amendment which would satisfy, or at least address, this problem at the heart of the Bill. If the House will forgive me—as I will conclude shortly afterwards—I will read out the terms of the defunct amendment. It would have said:
“(5) If, under the provisions of subsections (1), (3) or (4), there is disagreement between the House of Commons and the House of Lords as to whether or not the agreement or decision should be approved, the view of the House of Commons prevails over the view of the House of Lords”.
That makes an attempt to explain precisely—or, I hope, resolve precisely—the ambiguity at the heart of the Bill.
I was following the noble Lord’s argument, and I agree with it in terms of the imprecision and lack of clarity as to what happens if both Houses disagree. Does he agree that there is a further issue in relation to the different procedures of the two Houses? In the House of Commons, the Government control the agenda. We heard from the noble Lord, Lord Pannick, that what happens in this House will be up to the Government. But am I not right in saying that any noble Lord can put down an amendment at any time to disapprove a resolution and this House will vote on it? Surely there cannot be any circumstances in this House in which the Government control what might constitute approval or disapproval. Is this not a further difficulty with the amendment?
Yes. I can understand that point. I want to emphasise the central problem, which the noble and learned Lord, Lord Mackay, has identified. I ask the House—or, more specifically, the mover of the amendment—whether something like that, included at Third Reading, would solve the difficulty which I think even he would acknowledge was expressed in the various interventions that he dealt with.
There is one thing that I can influence to some degree—something which, if not within the control of this House, is within the control of my beloved Labour Party. For as long as I have been in it, it has been absolutely clear about the primacy of the elected House over the unelected House. I say this to my Front Bench and to my very good noble friend Lady Hayter, who will be winding up. Should we pass this amendment as written and, in two years’ time, find ourselves in a situation where there is a clash between the House of Commons and the House of Lords, and if all the normal attempts at agreement and solutions to the differences had been tried, this party, at any rate, would assert clearly that, ultimately, the primacy of the House of Commons must prevail.