Policy-making: Future Generations

Lord Tyler Excerpts

Tuesday 1st October 2019 Lords Chamber

[Baroness Stedman-Scott]

Well, there is an exam question! On the question of publishing the impact assessment, I will go back and ask my boss. Do not think that that is a cop-out; I do not actually know. I will ask my boss and then write to the noble Baroness, and everybody will receive a copy of his response through the Library.

On climate change, I think that we have done really well to be the first country to legislate for long-term climate targets. Between 1990 and 2017 we reduced emissions by 42%, so we are serious about this. I hope that the efforts of young people in this respect will help them realise that they are having a great impact on the activities of the Government to make that happen.

[Lord Tyler (LD)]

My Lords, does the Minister accept that this Question has accountability to this and future generations at its core? Is there anybody in No. 10 who has any respect for our constitution and parliamentary democracy, let alone has made any assessment of the importance of our history in this respect? My ancestor, Jonathan Trelawny, was one of the seven bishops who defied James II’s royal prerogative and then precipitated the Glorious Revolution of 1688. Does the noble Baroness accept that the Executive are answerable and accountable to Parliament, not the other way around? Has that not been the central, core constitutional principle for 330 years? As this is such a minority Government—

[Noble Lords]

Too long!

[Lord Tyler]

As this is a minority Government and the Prime Minister represents only a tiny fraction of that minority, surely the task he refers to is representing what Parliament is saying, rather than what he wants to do.

[Baroness Stedman-Scott]

The phrase “something vexes thee” comes to mind. The noble Lord is trying to get me into the territory of another subject that I do not want to get into today; I want to stick to what we are discussing. But I do not think there is any doubt that everybody understands about accountability. I do not think I can add anything, and speak on behalf of No. 10, other than to say that I am convinced that they understand that.

Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2018

Lord Tyler Excerpts

Tuesday 15th January 2019 Lords Chamber

[Lord Deben]

Frankly, I did not say that my noble friend was hiding it. I said, “If it looks as if you”—and I am not referring to my noble friend but to the Government who have laid this SI—“are hiding”. She really cannot take exception to that—well, she has taken it, and if exception was taken, I apologise for any reasonable exception—but really, I say to my noble friend that we are trying to debate this issue. I was saying that if it looks as if you are hiding something because you do not include the costs of withdrawal, the public will find that difficult to accept. I do not think that I have accused her of anything, and trying to get upset about it is not acceptable.

All I am saying to her is that I hope that she will talk to the people who have laid these instruments and have not told us directly the costs. I believe that they intended not to tell us the costs, because if people add up the costs of Brexit in each of these SIs, they will begin to see why some of us have been so concerned.

I end by saying simply this. We need to have proper consultation and proper costings—not just generalised ones—and, when we have a changed SI such as this, which has been changed because we did not have a consultation, it would have been much more reasonable to have had a consultation before this SI was produced. I do not believe that it is possible for a Minister to get up and say that there is no need for consultation because we know that it is perfectly right. So, for all those reasons, I think it is perfectly correct that we should be having the kind of debate that we are on this SI.

[Lord Tyler (LD)]

I intended to intervene on the noble Lord, but I realised that it would be incredibly embarrassing if my name were to be attached to his speech, so I spared him the embarrassment. However, I shall quote him in a moment.

I was struck by a point made by my noble friend Lord Kirkwood of Kirkhope about the sheer quantity of secondary legislation coming through, and the great work that he and other members of those committees are doing. I am involved in a small way because I am on the Delegated Powers and Regulatory Reform Committee, which is involved at an early stage. My noble friend rightly made the point that the sheer quantity of SIs coming before your Lordships’ House is causing us real problems. I very much concur with what was said by the noble Lords, Lord Deben and Lord Warner, because we were together in the Grand Committee both last week and yesterday. A pattern seems to be developing. If I may illustrate it in this way, each time we come to one of these SIs—it is happening again today—the Minister says that this is contingency planning. It is fairly set out in the Explanatory Memorandum and very well explained that it will become applicable, relevant and of interest to Members of your Lordships’ House only if there is a no-deal outcome.

So all this is speculative; it is hypothetical. When I used to ask questions of the noble Lord, Lord Deben, in the other place, he would say to the House, “The question from Mr Tyler is hypothetical and I refuse to answer it”. That was perfectly reasonable. Now the Government are making a hypothetical statement: if there is no deal, this will be necessary. Most of the SIs coming before the committees of your Lordships’ House, let alone here in the Chamber, are hypothetical in that sense. This is a real problem—and, as the noble Lord, Lord Deben, said a few moments ago, it is becoming more of a problem every day.

In our vote yesterday, there was a huge majority against a no-deal outcome. The Prime Minister is increasingly saying that she is against a no-deal outcome—she even thinks it is more likely that there will be no Brexit. In those circumstances, the pressure on us all—and on the Government—to get consultation right, to get the impact statement right, to get the costs allocations right are becoming, in the words of the noble Lord, Lord Deben, more and more difficult and taking up more and more of the time of Ministers, their civil servants and your Lordships’ House. That means that we may be neglecting the “normal” SIs, if I may call them that, which are not related to a no-deal situation.

As we all know from the European Court of Justice judgment before Christmas, the only circumstances now in which a no-deal outcome, on which this SI is based, could happen would be as a result of a deliberate decision by the Government. It is not going to happen by accident. We were told in previous debates that there was a risk of an accidental no deal, but that is now impossible as a result of that judgment.

I will quote very speedily from the noble Lord, Lord Deben, who I hope will not be even more embarrassed than he was by being given my name. He said in Grand Committee last Wednesday that,

“I do not think this House is doing itself any good by conniving in what is manifestly a total nonsense … There is no no-deal scenario which does not mean chaos, so there is no point in having legislation which pretends that it will stop a no-deal scenario being chaos. That is inevitable, ineluctable and inextricable from the whole process”.—[Official Report, 9/1/19; col. GC203.]

We are back at that point. Here we are, inevitably finding that in a number of ways that have been well illustrated by other Members of your Lordships’ House, this SI may have serious problems. The Government are entitled to say, “We have no intention of going there. We do not want a no deal. We want the Government’s deal”. In that respect we are, unfortunately, jamming up and putting so much new work into your Lordships’ House at every level, which may be a complete waste of time. That will distract us from doing a good job on other SIs, and that is a very regrettable situation.

[Lord Adonis]

Does the noble Lord not agree that another theme that came out of the Grand Committee’s consideration of these statutory instruments was a more fundamental issue? The House of Commons debated and voted on no deal last Tuesday in one of the largest Divisions on Brexit since this whole process started two and a half years ago. It voted by a majority of seven against no deal and in favour of an amendment to the Finance (No.3) Bill, under which the disbursement of public funds in respect of no deal was conditional on the House of Commons having a specific vote on no deal, with it being clearly understood—because that amendment had been passed—that the House of Commons would not be favourable to it. So there is real concern among Members of your Lordships’ House about the legitimacy and validity of all this planning, given that in the one opportunity the House of Commons had to express its view, it expressed a firm view against there being no-deal planning.

[Lord Tyler]

In the interests of brevity, all I need to say is that I agree with the noble Lord—but this evening we may of course find that there is an additional expression of opinion by the other place. In that case, all this work may well turn out to be even more absurdly out of place.

[The Archbishop of York]

My Lords, I just wanted to ask the Minister: how much consultation was undertaken with industry before the first regulations were produced? Did industry suggest, rightly, that this would cause trouble for the Pensions Regulator and others because it was bigger than just the United Kingdom? I listened to the noble Lord who said that he did not think that these small, technical changes required the same amount of consultation. If that is the case, we must distinguish each regulation from others. If one takes a generalised view of consultation, one can never have proper legislation that requires greater scrutiny than other legislation.

As far I am concerned, I was persuaded by the noble Lord that this is purely technical. From what I am hearing, it is. If, of course, as happened yesterday, there is no question of a no deal and the House of Commons says the same thing, and the same thing happens today, these regulations may not be necessary. But any sensible planner must always plan for all contingencies. You cannot go blindly in one direction alone—so I want to know.

Financial Guidance and Claims Bill [HL]

Lord Tyler Excerpts

Committee: 3rd sitting (Hansard): House of Lords
Monday 11th September 2017 Lords Chamber

[Baroness Buscombe]

I reject what the noble Baroness says. For example, with regard to banning cold calling in pension scams we are finding it extraordinarily difficult to find a primary opportunity to introduce that legislation. Here, there is no question of hubris, recklessness or carelessness on the part of government. We are trying to enable a smoother transition if, following consultation some time in the future, it is felt necessary to have a fundamental change to the current body, for whatever reason. At the moment I cannot foresee it, but it could happen.

[Lord Tyler (LD)]

I serve on the Delegated Powers and Regulatory Reform Committee, whose report has been referred to. Is the Minister saying that the committee has this wrong? Is she saying that there is a precedent for this attempt to shortcut the normal procedure or that it would somehow or other be more convenient for the Government to ignore the precedents that have been referred to by my noble friend Lord Sharkey? I do not quite understand where the Government are on this.

[Baroness Buscombe]

Far from it; we are not ignoring Parliament—indeed, we have listened to the committee that the noble Lord sits on—but we do not always have to accept what the committee proposes. It is important that we listen, but no—we do not always have to accept what the committee proposes. We propose instead that there should be affirmative regulations, with consultation, that would allow a smooth transition if in future we found ourselves in a situation where it was decided that there should be a fundamental change to the make-up of this body. For example, Pension Wise was set up only a few years ago. However, since then it has been decided that it would be far more effective, efficient and supportive of the consumer if we were to have one single body, following considerable consultation both with the public and with stakeholders to ensure that the Government are reflecting the wish of the consumer.

Architecture and the Built Environment

Lord Tyler Excerpts

Monday 28th July 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, I warmly endorse the case made by the noble Baroness, Lady Whitaker, and share her enthusiasm for this review. I am so supportive of the general thrust of the analysis and recommendations that I fear that I may be thought unduly critical in expressing a very sincere warning about one conclusion and the associated recommendations.

Conclusion 1B3 says that decision-makers should receive training in design literacy. What follows is full of good intentions but we all know what happens to good intentions. From my experience in the 1960s and 1970s, as the vice-chair of a planning committee, and when I was working for and with architects, and especially as a senior member of the RIBA staff, I am filled with alarm by this recommendation.

A little knowledge is a dangerous thing. Who is to undertake this training? It is an oddity that councillors, faced with the subjective advice of a fire safety officer or a highway engineer, will invariably bow to the superior judgment. Given careful guidance by an architect, drawing on long training, expertise and experience of three-dimensional design, that same committee will treat it as if it is the subjective result of personal taste.

We are all amateur architects. At an individual level we would never trust our teeth to a farrier or our appendix to a barber; but individual buildings and their impact on the built environment are daily left to the tender mercies of the unqualified. I simply do not understand how this recommendation can be made to work to the benefit of the environment and the wider community. Given that about 50% of the top-tier local authorities in the country do not even employ a chief officer architect today, what quality of training can we expect and what notice will the trainees take of it anyway?

In those circumstances we must look carefully at the pattern of employment of qualified architects. Since the 1980s the proportion of architects in the public sector has dropped from 63% to 11%. I am glad to say that unitary authorities have managed to reintegrate some of the skills that are necessary, but all too often, where there are two tiers, the planning profession is split and there are no architect-planners left. I return to my original warning and question. What training in design literacy will take place? That is surely no substitute for appropriately qualified architectural advice.

I am very strongly in support of this review, not least because it makes congratulatory reference to the “long life, loose fit, low energy” project that I headed at the RIBA all those years ago. I am bound to be in support. Yet I wonder whether it has touched on a really important issue and shied away from an appropriate response. While I am wholly supportive of the localism agenda, I must question whether local authorities which have no such architectural expertise at a senior officer level in house and not even a department on permanent call should continue to be allowed to exercise the full range of plan-making and development-control responsibilities.

Welfare Reform Bill

Lord Tyler Excerpts

Tuesday 14th February 2012 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the Leader of the House for his rather wide statement, especially for his remarks on issues relating to the Welfare Reform Bill. Since the Speaker in the other place indicated on 1 February that amendments to the Bill carried by your Lordships’ House could attract House of Commons financial privilege, we on this side of the House have been pressing the Government to give some indication of the procedural impact on the Bill of this designation.

We will deal with the procedural points, which the noble Lord has mentioned, as we consider the amendments before us today. They are important amendments that deserve proper consideration, and I do not wish to take time away from discussing them today or otherwise detract from the importance of the issues involved. However, the application of Commons financial privilege to a number of key amendments of the Welfare Reform Bill has prompted widespread comment in legal, constitutional and political circles, not only on the Bill but on the implications that might now be there for future legislation. Peers from all sides of the House have been in touch with me about their concerns on this point, some of which—but only some—were indicated in our brief discussions in the Chamber on this matter.

Commons financial privilege is a matter for the Commons, as the noble Lord said, and operationally for the Speaker of the Commons and senior clerks in the Commons, as the helpful note on the matter, issued yesterday by the Clerk of the Parliaments in this House, together with the similarly helpful note from the Clerk of the House in the other place, makes clear. However, once Commons financial privilege has been indicated, it is for the Commons to decide whether to waive its financial privilege.

The Government’s majority in the Commons means that politically in practice the Government have a huge influence on whether the Commons waives its financial privilege. It is therefore appropriate for this House to consider these issues and the issues arising in relation to the role of this House in the legislative process. However, I suggest that today is not the time to have such a discussion. I know that many Members from all sides of your Lordships’ House—very much including those on the government Benches—are concerned about these wider matters and want to debate and discuss them. I know this because many noble Lords have come to see me about this issue.

In light of these widespread concerns, I formally request that the noble Lord the Leader of the House makes provision to come to the House, perhaps on the basis of a short Statement, to enable the House to debate the application of Commons financial privilege in a way which a number of expert commentators have suggested is unprecedented and considerably extends the use of Commons financial privilege. In view of the seriousness of the issue, I request the noble Lord the Leader of the House to make time available for the House to consider these matters very early in the week beginning 27 February, as soon as the House returns from recess. I do so because such timing would allow the House to consider these matters well in advance of the House considering a similar policy Bill, the Legal Aid, Sentencing and Punishment of Offenders Bill, which is due to have its first day of Report in your Lordships’ House on Monday 5 March.

I believe that these are incredibly important issues for the House to consider and I know that a large number of Members of this House believe that strongly too. I therefore urge the noble Lord to make time available, perhaps on the basis of a short Statement, to enable the House to debate this issue in the week beginning 27 February.

[Lord Tyler]

My Lords, I have a genuine respect for the noble Baroness, Lady Royall of Blaisdon, but I am bemused by the position she seems to have adopted. I hoped she was going to clarify her position this afternoon. I read with concern the report of her views in the Guardian last Wednesday, which stated:

“She attacked the way in which the government was trying to neuter debate on current controversial bills such as the welfare bill by claiming financial privilege, a means by which the Commons can order the Lords not to pursue an amendment because it has financial implications beyond Lords' powers”.

From what the noble Baroness has just said, I think she may regret having stated that. Perhaps she has been wrongly reported. I thought there was a common view about the use of the financial privilege circumstances—when the Commons can assert its privileges. I have experienced both ends of the House. I thought we knew where we were. There were many occasions, for example in the last Parliament, when much more minor issues came up that had financial implications and she, when she was on this side of the House, and her noble friends, defended the right of the Commons to assert its financial privilege on much smaller sums of money than we are considering this afternoon.

As we were told, the 11 amendments under consideration on which the Commons has asserted its privileges cost in total something in the region of £2 billion. I draw the attention of the noble Baroness in particular to an occasion on 24 November 2008 when she and her noble friend Lord West of Spithead, who has left his place, defended the use of the financial privilege assertion by the Commons. She stated:

“Having said that, I realise that the reason given for privilege is precisely because it is a financial privilege. I hear what the noble Lord says, but I am informed that we are acting in accordance with the proper procedures”.—[Official Report, 24/11/08; col. 1294.]

The matter concerned a very small sum of money to be spent on DNA procedures under the Counter-Terrorism Act—far smaller in significance than the amendments that we are considering today. Therefore, I am bemused. I do not understand what the noble Baroness’s position is now. Is she trying to change the commonly accepted meaning of financial privilege, or is she going back on what she said to the Guardian last week? I hope she will clarify her position because it will do the House, and indeed her position in it, no good if we adopt an apparently selective procedure concerning financial privilege.

This afternoon is probably not the occasion to debate this in detail. However, I am very disappointed that the noble Baroness did not re-establish the point that she made when she was on this side of the House. There are long-standing conventions, nothing has changed and the very small number of amendments that have received this treatment from the Commons is in direct contrast to the many occasions when she asserted that privilege when she was in government.

[Lord Laming]

My Lords, I do not wish to get caught up in a cross-party dispute on these matters, which are very serious indeed. I am extremely grateful to the Leader of the House for his very helpful statement. I will also associate myself with the point that he made about the noble Lord, Lord Freud, who has been assiduous throughout the Bill in the way in which he has listened and responded to the concerns of the House.

The House has a proud record of scrutinising legislation and, if I may say so, improving it. However, in the circumstances in which we find ourselves, I will make a request to the Leader. Sometimes when amendments go to another place there is a temptation for the House to be portrayed as troublesome. I hope that in these special circumstances the Leader of the House will assure noble Lords that what has happened on the Bill is part of normal business between two Houses, and that we will continue to conduct business in this proper way to secure the best possible legislation.