Leader of the House of Lords

Debate between Lord Tyler and Baroness Symons of Vernham Dean

Monday 28th July 2014 Lords Chamber

[Baroness Symons of Vernham Dean]

The Prime Minister's letter of 22 July, which the noble Lord, Lord MacGregor has referred to, says that the Leader of the House of Lords should,

“as a general rule, always be a full member of the Cabinet”.

The word “always” cannot be qualified by the words “as a general rule”. Either the Leader of this House should always be a member of the Cabinet, as has been the case, or it is a matter for the Prime Minister's discretion. This Prime Minister has decided that the general rule did not apply but that his discretion did. I fear that in doing so he has set a precedent for future Prime Ministers.

In his letter to the noble Lord, Lord MacGregor, which the noble Lord kindly quoted to us earlier on, the Prime Minister says it was,

“not possible on this occasion”,

to make the noble Baroness Lady Stowell, a full member of the Cabinet,

“owing to the provisions of the Ministerial and Other Salaries Act 1975”.

That Act says there are 21 Cabinet salaries payable, plus the salary of the Lord Chancellor. Apart from the salary to the Lord Chancellor, the Prime Minister himself and the Chancellor of the Exchequer, the Prime Minister may appoint who he wishes to be a Cabinet member. He also has discretion over 19 salaries that could have been awarded to the noble Baroness, the Leader of the House as has been the case since the passing of that Act in 1975. So it was not the case, as the Prime Minister claimed and as quoted by the noble Lord, Lord MacGregor, that the award was,

“not possible on this occasion”;

it was because the Prime Minister chose not to make it. It was his judgment.

There are 21 Cabinet Ministers plus the Lord Chancellor—Ministers who receive a full Cabinet salary and status. There are also 11 Ministers “attending Cabinet”, not in the first rank but doing important jobs and no doubt happy to be around the Cabinet table. It is not, as the noble Lord, Lord MacGregor, said, evidence of highest regard that the noble Baroness is also round the table. Why is she not one of the 21—or 22, with the Lord Chancellor? Why is she one of the 11 second-rankers around that table?

The Companion to the House states that the Leader of the House is a member of the Cabinet. Moreover, and possibly more significantly, Erskine May also describes the Leader of this House as a member of the Cabinet. The Constitution Committee in its excellent report said that there were no examples of any Leader of this House who has not been a member of the Cabinet. Arguably, this calls into question the status of the Companion, the status of Erskine May and the conventions between the two Houses. These are not trivial matters; these have been the rules that are the foundations on which we operate. If they can be altered by a Prime Minister without consultation and without any reference whatever to Parliament, what else can be changed? That opens up huge constitutional questions for us.

Frankly, none of us knows whether this decision was deliberate or whether it was one taken through sheer carelessness. Did the Prime Minister realise that in making the appointment in this way he was diminishing the status of your Lordships’ House and creating an unacceptable precedent, or was there a ghastly moment when he realised that he had one too many Ministers for the salaries available? We cannot know—or at least we cannot know until the diaries are published.

In my view, this Prime Minister has done well in not having many ministerial reshuffles, even if that is because of the limitations of government by coalition. Fewer reshuffles are almost certainly better for good governance. Just because this Prime Minister is inexperienced in reshuffles, though, others in government, including senior civil servants, are not. Between them all, they should not have got this so wrong—and they have got it wrong: wrong for the noble Baroness, Lady Stowell; wrong, even for their own purposes, for the reshuffle and the Government; wrong for this House, as one of the two Houses of Parliament; and wrong for the constitution, and the important and complicated relationship between the Executive and Parliament.

The Prime Minister would be a bigger and better Prime Minister if even now he reconsidered his decision. He should do so. A mistake is a mistake: the Prime Minister should correct it. It would be better for him to do so, better for the noble Baroness, better for the constitution and better for your Lordships’ House.

[Lord Tyler (LD)]

My Lords, this is for me a very sad debate. We all recognise the very many talents that my noble friend will bring to the key role of Leader of our House, and we all respect the shining integrity with which she will perform her duties here. That makes it all the more disgraceful that she should have been put in this invidious position. The disreputable game of musical chairs 10 days ago does nothing to inspire confidence in the competence of the Prime Minister’s advisers. The circumstances are all too reminiscent of that infamous Friday afternoon when No. 10 thought that the Lord Chancellor could be abolished with a press release. Is there nobody there with any appreciation of the basics of our constitution, to which the noble Baroness has just referred? When will they ever learn?

The demotion is far from simply symbolic, but to my mind the worst feature of this whole charade was the reaction when the reduction in salary paid to her male predecessor was pointed out. How could anyone think that it was appropriate for the leadership of your Lordships’ House in any way to be remunerated from political party funds? Both the Leader of your Lordships’ House and the Leader of the other place occupy especially non-partisan positions as servants of the whole of their respective Houses, with an expectation that they will speak and act dispassionately on behalf of the whole House that they represent, even when their Cabinet colleagues are taking a more partisan view. Having shadowed a number of Leaders of the Commons, I can confirm that, irrespective of party, they invariably see their role as quite distinct in this respect from that of other members of the Cabinet. In exactly which of his or her duties in the leadership of this House would the Leader be expected correctly to be identified as acting on behalf of one political party? It is a nonsense.

Draft House of Lords Reform Bill

Debate between Lord Tyler and Baroness Symons of Vernham Dean

Tuesday 1st May 2012 Lords Chamber

[Lord Tyler]

I have always been in favour of referendums. I have no problem with a referendum and I will explain why in a minute. I am very grateful to the noble Lord for feeding me that line.

Those who oppose the Government’s evolutionary reform process should remember that this is firmly based on the report prepared by the noble Lord, Lord Hunt of Kings Heath, and Mr Jack Straw. Every element is there, such as the primacy issue and 80:20. I can quote that back to the noble Lord and look forward with huge interest to hearing what he will say in a few minutes from the opposition Front Bench. This Bill builds on that evolution and the work undertaken by the previous Government. It is supported by large numbers of Members on the other side of the House.

[Baroness Symons of Vernham Dean]

My Lords, I am sorry to interrupt the noble Lord, but I am surprised that he is in favour of a referendum. I have in front of me some evidence to the contrary. The noble Lord voted against referendums in the Select Committee.

[Lord Tyler]

The noble Baroness misunderstands the position. I am totally relaxed about a post-legislative referendum, which is how we have undertaken referendums in the main in the past in this country. I will certainly support one when the time comes.

More people are in favour of the abolition of your Lordships’ House—three or four times more—than in retaining a fully appointed House. I hope that Members will recognise that that is a real danger ahead of us. Going back to the noble Lord’s question, that is why, if this House resists clear public pressure for reform, there will come an opportunity for the public to have their say. The longer Members of your Lordships’ House seek to obstruct the public, the more the will of the public will have to be given an opportunity.

Draft House of Lords Reform Bill

Debate between Lord Tyler and Baroness Symons of Vernham Dean

Monday 30th April 2012 Lords Chamber

[Baroness Symons of Vernham Dean]

My Lords, of course, the position of the independent Peers is very important. It is addressed in the main report. That is, of course, why so many people want to see the House being elected on a 20:80 basis, which would address the point about the Cross-Bench Peers. However, what it does not address is independence within the parties because, as we all know, the Whip would be cracked a bit more effectively over all of us than it is at the moment, and that would rob us of a degree of our independence.

[Lord Tyler]

My Lords, would the noble Baroness like to reiterate her support for a 100 per cent elected House?

[Baroness Symons of Vernham Dean]

My Lords, I do, if this House is to be elected with commensurate powers. That is my starting point. We did not vote simply on electing the House. The committee agreed that there should be commensurate powers. If there are commensurate powers—that is, doing away with Commons primacy and everything else to which I have just referred—yes, I do support a 100 per cent elected House on that basis, but only on that basis.