House of Lords Reform Bill [HL]

Debate between Lord True and Lord Steel of Aikwood

Friday 10th February 2012 Lords Chamber

[Lord True]

My Lords, I have added my name to Amendment 234. I have had other amendments passed over which I am content to have had passed over because I had no intention of pressing them, although in the matters that are dealt with in Amendment 229 the House should proceed with the utmost openness and accountability. However, I do not want to stray out of order. I hope that my noble friend Lord Steel will accept the amendment that would replace three months with six, because, speaking from the standpoint of a local councillor, I know that you can be absent from a local council for six months without having to go through any procedure in order to establish whether you are away bona fide. We do not expect there to be short Sessions of your Lordships' House of three months, but, given the natural age profile of this Chamber, it is quite possible that people may be ill, and six months would probably be a fairer time. I would therefore be grateful if my noble friend considered that amendment.

[Lord Steel of Aikwood]

My Lords, I am happy to accept both the amendments.

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[Lord True]

My Lords, in speaking to this amendment, I make it absolutely clear that I have no intention of testing the opinion of the House. However, there is an important issue here on which I should like to hear some response from the Government, as well as from my noble friend Lord Steel. There is an important point that is very much in the public eye and undoubtedly reflects on the reputation of the House, as it reflects on the reputation of the other place. That matter is the misuse and wrongful claiming of expenses and the consequences that flow from that. I submit that if wrongfully claimed expenses are not repaid—my amendment suggests that up to a year might be given for repayment—for whatever reason, the person concerned should be excluded. Just as a person who commits an offence under the law serves some time, the person who refuses to heed the desire of the House and make restitution for wrongful action should be excluded from this House. That is a perfectly reasonable proposition.

In its Long Title, the Bill says that it would,

“provide for the expulsion of members of the House of Lords in specified circumstances”.

We have just discussed the circumstances relating to criminal offences. At some point, which may not be in this Bill but in the other monster Bill that we keep hearing about, not only this House but Parliament needs to address the question that would arise in such a case. I am not referring to anyone in particular in making these remarks; it could be any of us down the line. If these circumstances arise, we should ultimately have the power to exclude such a Member.

Currently, the suspension powers have been used by the House with the full support of the House. It is not a matter for inclusion in my noble friend’s Bill, but I think he would agree that it is a matter that needs to be looked at. I do not know whether my noble friend on the Front Bench will comment on whether this is a matter that the Government have under consideration. Maybe my noble friend Lord Steel has something to say. Ultimately, the public will not understand if we do not get to grips with this issue, which is why I took the trouble to put it before noble Lords—not, I hope, too much to their dissatisfaction. I beg to move.

[Lord Steel of Aikwood]

My Lords, I referred to this matter in my speech. This is the point that my noble friend Lord Dobbs raised some weeks ago. I am very sympathetic to the amendment that the noble Lord has moved but I am not sure that it is entirely watertight. It suggests that the House would not have the power to expel someone right away if it was felt that they had behaved extremely badly. I wonder whether I could persuade my noble friend not to press his amendment today, subject to what will be said from the Front Benches. However, we should certainly come back to this on Third Reading.

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[Lord Steel of Aikwood]

Perhaps I may add that I discussed this matter with the Deputy Prime Minister some time ago, and the last time we did so he agreed to look at it again in the new year. Once the Bill has had its Report and Third Reading, we will know exactly what is in it and what is not, and I will propose a further discussion with him. I am well aware of the difficulty of former party leaders telling current party leaders what to do, but I will do my best.

[Lord True]

My Lords, I suppose that was a reply from my noble friend to the amendment. I made very clear at the start that I did not intend to press it, so I can certainly reassure the noble Lord, Lord Richard, on that—and of course I hear what he and the noble Lord, Lord Desai, said about the need for room to appeal. Indeed, we have just had that discussion on the criminal offence. I do not believe it is that complicated to bring the two elements into line in the drafting, and although I am perfectly content and recognise the need to make progress, and I always intended to beg leave to withdraw the amendment, we really must grasp this nettle. If that does not happen, however uncomfortable it is and whatever reasons are given in different places, it simply will not be understood.

I am willing to take part in any discussions, as is my noble friend Lord Dobbs, who cannot be with us. I completely disagree with my noble friend Lord Cormack—I do not think that this House has to be in line with the House of Commons, which has rules simply because it has elections every five years. We do not have elections every five years. The problems for us are different and relate to the Writ of Summons, and we are increasingly passing legislation that overrides it. There is a potential House of Lords solution and I would willingly take part in any discussions on those matters. I am encouraged by what was said by my noble friend on the Front Bench and, in light of that, I beg leave to withdraw the amendment.

House of Lords Reform Bill [HL]

Debate between Lord True and Lord Steel of Aikwood

Friday 21st October 2011 Lords Chamber

[Lord True]

My Lords, I was describing to the House—I could do so at greater length but this is not the place to do it—how Lord Weatherill, as well as the late Earl of Carnarvon and the noble Lord, Lord Marsh, proposed what was set out in 1999 after negotiation. I am referring now to the conditions of 1999 that led to the situation that is now before us, and I believe, as I have said, that I am bound in honour by those negotiations.

[Lord Steel of Aikwood]

My Lords, the Question before the House is that Clause 10 stand part of the Bill. If I may, I will reply to the debate. I think my noble friend Lord Caithness—