Strathclyde Review

Debate between Lord Tyler and Lord Strathclyde

Wednesday 13th January 2016 Lords Chamber

[Lord Tyler (LD)]

My Lords, this has been a fascinating and thoughtful debate. The contributions and the expertise that have been displayed in the past few minutes have been particularly helpful to your Lordships’ House.

I will refer briefly to two remarkable maiden speeches. My noble friend Lady Bowles brings not only professional expertise and experience to this House but particularly interesting experience from the European Parliament. The direction of travel there is to have more democratic control over secondary legislation while in this House this evening it looks as though we might be going in the opposite direction. That is a useful lesson for us. I suspect that the parliamentary experience and touch in the Treasury would never have let the noble Lord, Lord Darling, ride into this House and fall into the elephant trap that the present Chancellor fell into on 26 October. His expertise and experience will be welcome in this House, too.

If there has been a theme during the debate today, it is that this is not a new problem. It is complex, it is not simple—and to that extent we are all indebted to the noble Lord, Lord Strathclyde for trying to simplify it—but it is not new. Therefore, it is up to us to realise that there is no novel, simple one act that could suddenly transform the situation.

As a non-expert, I have at least enough humility to listen carefully to previous wisdom. With the noble Lord, Lord Higgins, and my noble friend Lord McNally, I served on the Joint Committee that the noble Lord, Lord Cunningham, so brilliantly steered in 2006 which produced the report on conventions at the UK Parliament. I read again last night some of the excellent evidence that was put before us on 20 June 2006, when we heard from three distinguished witnesses. This was their first key statement:

“The only inference to be drawn from these proposals is that the Government intends further restriction of the freedoms and powers of the House of Lords. We would start from precisely the opposite premise—the freedoms of both Houses should be upheld and, where possible, extended. We further disagree with the government’s view that ‘codification’ is necessary as a prelude to the reform of the House of Lords. Even if true, which it is not, it could never justify further weakening of Parliament”.

The delegation that produced that evidence included Mrs Theresa May MP, then shadow Leader of the Commons and the noble Lord, Lord Cope, then Opposition Chief Whip here. It was led by none other than the noble Lord, Lord Strathclyde. Members of your Lordships’ House may have guessed that the evidence they gave was given on behalf of the Conservative Opposition. Colleagues may also recall that the Joint Committee was set up by the previous Labour Government because Mr Jack Straw wanted to clip the wings of your Lordships’ House—is that not, too, familiar?—as my noble friend Lord McNally reminded us today.

The evidence of the noble Lord, Lord Strathclyde, continued powerfully:

“‘Codification’ could cause more problems than it solves … We therefore agree with the Government that it would be undesirable to legislate on the conventions and other relations between the two Houses. That would lead to judicial intervention in and resolution of parliamentary and political difficulties”.

I agreed then and I agree now, because there is a real danger that we could drift into justiciable decision-making, which would put us in a very awkward position.

This has been referred to during the debate today by a number of colleagues on all sides of the House, including the noble Lords, Lord Cunningham and Lord Higgins, from the committee, my noble friend Lady Thomas, the noble Lord, Lord Forsyth, who spoke forcefully a few minutes ago, the noble Lord, Lord Howarth, and, most recently, the noble Lord, Lord Lisvane. That is a dangerous route for us to go down without thinking it through very carefully indeed—and I will come to how I think we should do that.

Those witnesses then turned to the specific subject with which we are engaged today. They said:

“The conventions on secondary legislation are equally well understood. We propose no alteration. We uphold the right of the Lords to reject secondary legislation, while considering its use should be exceptional in the extreme. However, there is an important balancing convention to this, namely that governments should not use their majority in the Commons to introduce skeleton Bills as a basis for introducing unamendable secondary legislation”.

There is nothing new under the sun. It has been said again today several times that we have skeleton Bills which have become more and more skeletal.

A reference was made earlier by, I think, the noble and learned Lord, Lord Judge, to the Childcare Bill. I draw the attention of the House to the work done on that Bill by the Delegated Powers and Regulatory Reform Committee, chaired by the noble Baroness, Lady Fookes, and on which I serve. It pointed out admirably that the Childcare Bill was not sufficiently well thought through to put before either House of Parliament. It was indeed so skeletal as not to be worth consideration by either House. Some time ago in the debate the noble Baroness, Lady Hayman, referred to this issue, as did my noble and learned friend Lord Wallace. We believe that that is a major problem so far as the House’s consideration is concerned.

Having previously argued that the convention on secondary legislation was “dead”, the noble Lord, Lord Strathclyde, came before the Joint Committee with a slightly modified view. He said:

“However, on many, many occasions the House of Lords has asserted its unfettered right to maintain its power to throw out secondary legislation; I think the custom and practice that has built up, in combination with the long-stop power in the House of Lords, works extremely well”.

He has changed his mind since then.

There was a good deal of support from other witnesses and in the Joint Committee for that approach. I shall quote from the committee’s report. The noble Lord, Lord Norton of Louth, who has also spoken today,

“likewise argues against codifying a convention that the Lords do not reject SIs. He observes that:

(a) It is not agreed that there is any such convention;

(b) SIs do not normally involve ‘great issues of principle’, and any argument in Parliament is usually only about fitness for purpose;

(c) A rejected order can be re-laid;

(d) The power to reject supports the work of the SI Merits Committee;

(e) Power to reject orders under the Legislative and Regulatory Reform Bill will be even more important than power to reject mainstream SIs”.

The work of the Delegated Powers and Regulatory Reform Committee of your Lordships’ House makes his case even more powerful; it is a critical part of our job and it is very effective in undertaking that responsibility.

As has already been quoted once or twice in the debate, the eventual recommendations of the Joint Committee are unequivocal and bear repetition. The committee states that,

“we conclude that the House of Lords should not regularly reject Statutory Instruments, but that in exceptional circumstances it may be appropriate for it to do so. This is consistent with past practice, and represents a convention recognised by the opposition parties. The Government appear to consider that any defeat of an SI by the Lords is a breach of convention. We disagree ... The Government’s argument that ‘it is for the Commons as a source of Ministers’ authority to withhold or grant their endorsement of Ministers’ actions’ is an argument against having a second chamber at all, and we reject it”.

That, like every other recommendation of the Cunningham committee, was not only debated in both Houses but unanimously and enthusiastically approved by both Houses.

It was also welcomed enthusiastically—unsurprisingly, since we had accepted so much of his evidence—by the noble Lord, Lord Strathclyde. I find it difficult, as my noble friend Lord Clement-Jones hinted earlier, to understand what precisely has happened to that noble Lord, Lord Strathclyde. The contrast between the evidence to the Joint Committee, written and oral, and what we have heard today and read in his report is so remarkable that it makes one slightly suspicious.

[Lord Strathclyde]

My Lords, perhaps I may clarify that to the noble Lord, because he has made quite a meal of it. I stand by every word I said until 25 October of last year. On 26 October, it all changed. That was when I got my review. As a result of that, I conducted my review and produced it for the debate today. The noble Lord can poke as much fun as he would like about what I said, but, as I have just said, I stand by every word of it.

[Lord Tyler]

I do not think that the House fully understands that, and I think that it has taken a more measured view of these issues. Perhaps I may say that it has been all across the House. It has been remarkable how much consensus there has been in the debate today. These issues clearly are inappropriately dealt with by an internal government review. These matters are of great importance to the whole of Parliament—both Houses.

The memorandum from the Hansard Society sent to Members today makes a very powerful case on this point. The society suggests an independent inquiry. But I have been arguing for some weeks that an evidence-taking, properly constituted and properly advised Joint Select Committee of Peers and MPs would carry even more authority. During this debate, I have lost count of how many Members, from all sides of the House, have supported the idea of a new Joint Select Committee. It would meet the requirements of so many Members who have contributed today. The noble Lords, Lord Cormack and Lord Cunningham, and a number of other Members have said that that is the appropriate way for Parliament together to think through these issues. This is not us against the House of Commons. It is both Houses of Parliament having to think together about how we best operate in undertaking our responsibilities to hold the Executive to account. That is the proper, effective constitutional role of the two Houses.

If we pursue option 3—a powerful case was made for option 2—there would be all sorts of difficulties. Every Member who said that they are in favour of option 3 also said that there were difficulties. Where are we going to elucidate how we can deal with those difficulties? The only appropriate way to do so is of course in a Joint Committee. If there is to be any revision at all of the way in which the two Houses interrelate, modifying the agreed position set out in the 2006 Joint Committee report, there must be a new Joint Committee to take evidence to make new recommendations.

I hope that the Leader of the House, in responding to this debate, will specifically answer that point. All sides of the House have said that that is the appropriate way forward and it is the one thing on which there is clearly a consensus across the House. I trust that when evidence is given to that committee by, I hope, a “Strathclyde mark 2”, he will be as forthright and as protective of the proper role of your Lordships’ House as he was when he was “Strathclyde mark 1”.

Civil Service: Permanent Secretaries

Debate between Lord Tyler and Lord Strathclyde

Thursday 13th December 2012 Lords Chamber

[Lord Soley]

My Lords—

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, we have time. I think it is probably my noble friend Lord Tyler first and then the Labour Party.

[Lord Tyler]

My Lords, my noble friend has touched on the relationship of Ministers to Parliament. I wonder if he would just reinforce and reiterate the point that all Permanent Secretaries are answerable and accountable to Parliament for the whole of their departments, including of course the performance of the head and leadership of that department. Has he noted the suggestion that Secretaries of State might be subjected to confirmatory hearings by departmental Select Committees? Would he confirm that it is the Government’s view that, in this relationship, it is the Secretary of State to the department that is responsible to Parliament? So would it not be more appropriate for the Secretary of State on appointment to be subjected to a confirmatory hearing?

House of Lords: Peers

Debate between Lord Tyler and Lord Strathclyde

Thursday 8th November 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I have already set up a Leader’s Group to look at retirement issues, chaired by my noble friend Lord Hunt. Its conclusions deserve rereading and I am more than happy to re-examine them to see whether any changes could be brought forward given the position that the Government are now in; namely, that there will be no further legislation for this House in this Parliament.

[Lord Tyler]

My Lords, does my noble friend accept that banishing those who do not attend would be pointless and equally that persuading non-attenders to come regularly would be counterproductive? Has my noble friend seen the excellent note from the Clerks on this issue which records the fact that in 1820 the House ordered that Peers be fined up to £100 for each day’s absence? At today’s money, would not that help deal with the deficit?

[Lord Strathclyde]

It certainly would, my Lords. I have not had the luxury of reading the Clerks’ paper but I very much look forward to doing so.

House of Lords Reform Bill

Debate between Lord Tyler and Lord Strathclyde

Wednesday 27th June 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I reiterate a view that I have long held and which the Government also hold: the Lords spiritual play a valuable and important role in the House and make an important contribution. The right reverend Prelate wonders about the numbers. I think it was the Joint Committee that suggested a reduction to 12 Bishops. The proposal in the Bill is that there should be five named Bishops and Archbishops, and then seven others chosen by the Church of England.

On two key questions of self-restraint and how this can be achieved, of course nothing can be guaranteed. It depends on the House evolving, and its new relationship with the second Chamber, which either will or will not change. It will be up to the new House, and the House of Commons, to decide how best to govern itself.

On the second question the right reverend Prelate raises, he is right to point out that we have not accepted that there should be an explicit condition on the statutory Appointments Commission to put in Peers of other faiths and make sure they are represented. There is no such view on the current Appointments Commission, yet it works extremely well. Other faiths have been introduced into the House, and I hope that that will continue.

[Lord Tyler]

My Lords—

[Lord Tyler]

My Lords, my noble friend Lord Dholakia is not able to be here, and I have been asked to respond. I am very sorry if I am holding up the noble Lord, Lord Richard, because I am looking forward very much to his response. He and other members of the committee will agree that the Government have in the main responded to our report.

Has my noble friend the Leader noted very intriguing variations in consistency on this issue? He will have noted, I think, that David Cameron and George Osborne voted for the 80/20 hybrid House as long ago as February 2003, as indeed I did. However, a great many others seem to have changed their minds since. I particularly welcome—and I think that other members of the Joint Committee will join me in this—the fact that the Government have taken such trouble with a very robust and comprehensive analysis of the cost projections to lay to rest the otherwise very speculative scaremongering expenditure estimates that were given to us previously. That is very helpful. That also responds to the report recommendations.

May I ask my noble friend the Leader to expand in due course, not necessarily now, on the true comparison between the Government’s proposals in this very useful document on the projection of cost and what would otherwise happen if the Government’s proposals did not go through? If the size of the House continued to expand, the cost of this House would of course also increase dramatically.

[Lord Strathclyde]

Yes, my Lords, we most certainly can. My noble friend is entirely correct. There has been a very robust analysis of the cost, including an examination of what the cost might have been if no reform had taken place—it would increase substantially. I said in reply to the Leader of the Opposition that the net cost in the first year after transition would be an extra £13.6 million per year, and I stand by that amount. I am very happy to write to my noble friend about how the costs have been robustly examined. I think the House will find that when it looks at the Explanatory Memorandum and the reply to the Joint Committee of both Houses, it will see very clearly how those costs have been reached and how they are substantially different from the ones proposed by the noble Lord, Lord Lipsey.

House of Lords: Reform

Debate between Lord Tyler and Lord Strathclyde

Thursday 21st June 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I have every confidence that the robust nature of the British constitution would be able to bear well an elected second Chamber and it would have no impact whatever on the constitutional monarchy.

[Lord Tyler]

My Lords—

--- Later in debate ---

[Lord Tyler]

My Lords, returning to the original Question, can my noble friend assure the House that when an estimate is prepared in the light of the Government’s Bill in a few weeks’ time, we will have a true comparison of the future likely costs of not reforming the House along the lines of the Government’s Bill?

[Lord Strathclyde]

My Lords, I do not think that I can go quite as far as my noble friend wants. Yes, I believe that there will be a comprehensive breakdown of the costs of a reformed Chamber. As for the costs of the future of this House, that is more difficult to see, but the House needs to be aware that the total costs of this House are currently around £90 million a year, forecast to rise to £103 million in 2012-13.

House of Lords: Reform

Debate between Lord Tyler and Lord Strathclyde

Tuesday 24th January 2012 Lords Chamber

[Lord Strathclyde]

My Lords, the noble Lord speaks as though his own party did not stand on a manifesto of reform of your Lordships’ House, which it did.

[Lord Tyler]

My Lords, will my noble friend take due account of the very exaggerated estimates of the potential cost, which do not take into account the fact that the allowances of current Members of the House are untaxed while, presumably, a salaried Member of the new House would be taxed? Has my noble friend taken note of the fact that Mr Mark Harper, the Minister responsible for the Bill, has indicated to the Joint Committee in open session that at present a Member of this House based in London can take home more than an MP?

[Lord Strathclyde]

I agree with my noble friend on the question of taxation, and indeed with my honourable friend Mark Harper, the Minister in the House of Commons. However, I am not sure that that is a very useful comparison. After all, it would require a Peer living in London to turn up every single day, and one of the strengths of this House is that it is part-time and people choose to come when they feel that they have something of value to contribute.

House of Lords: Reform

Debate between Lord Tyler and Lord Strathclyde

Wednesday 21st December 2011 Lords Chamber

[Lord Strathclyde]

My Lords, both.

[Lord Tyler]

My Lords, does my noble friend agree that, unless it is the intention to amend the Parliament Acts before any change is made to the composition of this House, it would be preferable to review the Parliament Acts and, indeed, the conventions when that takes place, which was, of course, what was recommended by the Cunningham committee? Does he also accept that once a convention is codified it ceases to be a convention, as indeed that committee also recommended?

[Lord Strathclyde]

My Lords, I agree with both points that my noble friend makes. However, the fact is that if we end up with a wholly elected House or a partially elected House, and if the relationship between the two Houses becomes strained, it is up to parliamentarians in both Houses to find the best way of sorting that out.

Hereditary Peers

Debate between Lord Tyler and Lord Strathclyde

Thursday 20th October 2011 Lords Chamber

[Lord Strathclyde]

No, My Lords, I did not say there was no urgency in this particular matter; but in the matter of hereditary Peers, which is entirely different. We accept that there is an opportunity here and, as the previous question demonstrated, any amendment to the line of succession involves consulting those member states of the Commonwealth in which the Queen is head of state under the Statute of Westminster. There would also need to be legislation. Next week, there is a meeting of the Commonwealth Heads of Government and in the margins of that we hope to make progress on this issue.

[Lord Tyler]

My Lords, in following up the question of the noble Lord, Lord Elystan-Morgan, and while undertaking further research, would my noble friend examine whether, if we elect the Monarch, we do so under a proportional system?

[Lord Strathclyde]

My Lords, without having to consult my colleagues, I am pretty clear that that would not be the case.

House of Lords: Reform

Debate between Lord Tyler and Lord Strathclyde

Wednesday 20th July 2011 Lords Chamber

[Lord Strathclyde]

I have reminded the House of this before: at the last election all three main parties had in their manifestos a pledge to reform the House and people were very happy to vote for that. As for political consensus, we will see to the work of the Joint Committee when it reports next year.

[Lord Tyler]

My Lords—

--- Later in debate ---

[Lord Tyler]

My Lords, among the representations he has been examining, has my noble friend seen the report published on Monday entitled The End of the Peer Show?, in which Mr Hilary Benn has committed the Labour Party to a continuing campaign based on its manifesto commitment for a wholly elected House of Lords? Is my noble friend aware of any successful parliamentary candidate who arrived in the other place committed to voting against his party’s manifesto?

[Lord Strathclyde]

My Lords, no, I am not. I have not read Mr Benn’s no doubt splendid article, but given that the Recess starts later on today, perhaps it should be required reading for all noble Lords.

Parliament Act 1911: Centenary

Debate between Lord Tyler and Lord Strathclyde

Tuesday 28th June 2011 Lords Chamber

[Lord Strathclyde]

My Lords, the Government’s position is that we have no current plans to mark the centenary of the Parliament Act. In answer to the Question from my noble friend Lord Roberts of Llandudno, I wondered whether it was appropriate for this House to celebrate the passing of the Act when it removed so much power from us, which might well have been used exceptionally wisely over the succeeding 100 years.

[Lord Tyler]

My Lords, after their rip-roaring performances in last week’s debate, would it not be appropriate to commission a production of Gilbert and Sullivan’s “Iolanthe”, with starring performances from my noble friend Lord McNally and the noble Baroness, Lady Boothroyd?

Leader’s Group on Working Practices

Debate between Lord Tyler and Lord Strathclyde

Tuesday 7th June 2011 Lords Chamber

[Lord Tyler]

To ask the Leader of the House when he expects to respond to the recommendations of the Leader’s Group on Working Practices.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I will be leading a debate on the report prepared by the Leader’s Group and chaired by my noble friend Lord Goodlad later this month, following which I plan to invite the relevant committees of the House to take forward specific recommendations.

[Lord Tyler]

My Lords, I am sure that many Members of the House will welcome that positive response from my noble friend, but can he assure us that there will be an opportunity for the House as a whole to debate and decide some of these matters, some of which are not only timely but very urgent? The work that has been done by this group is, I think, broadly welcomed across the House—it has done a very good job—but some of it is, as I say, very urgent. Notably, there is the question of the role of the Lord Speaker, which is a matter that I hope will be determined by the House as a whole before the new Lord Speaker is elected. Can my noble friend give us an assurance that there will be a speedy timetable for discussion and decision on these matters?

[Lord Strathclyde]

Yes, my Lords. Of course, the final decisions on these matters will be entirely in the hands of the House, which is entirely appropriate. In particular, I confirm to my noble friend that there is no reason why decisions cannot be taken immensely speedily after the debate and when we have taken the views of the House into account and sent them to the respective committees.

As for the role of the Lord Speaker, the Leader’s Group concluded that successive Leaders of the House had acted with complete impartiality in their role of advising the House on matters of procedure and order, including at Question Time. None the less, I am conscious that some in the House wish to see a far greater role for the Chair—notably at Question Time—and that the Leader’s Group has made proposals in this area, to which I intend to give prompt and serious consideration once Members have had the opportunity to have their say.

House of Lords Reform Bill

Debate between Lord Tyler and Lord Strathclyde

Tuesday 17th May 2011 Lords Chamber

[Lord Tyler]

My Lords, can my noble friend confirm that there are many features of the current White Paper that simply repeat the features of the White Paper produced by Mr Jack Straw in the last Government? Can he also reassure the House that he has been told by the Official Opposition that they intend to conduct pre-legislative scrutiny with all the constructive contributions that we in this House take such pride in? Would it not be ridiculous if Members on the other side—or indeed any side of this House—attempted to obstruct or filibuster when at the same time they take such pride in saying that the other House should retain primacy? Can we be assured that the Government have been given an indication that they are all signed up to using this exercise, in the best traditions of this House, to undertake proper, constructive pre-legislative scrutiny of these proposals?

[Lord Strathclyde]

My Lords, I am sure the whole House will have heard my noble friend. I can confirm that it is my understanding that not only the Opposition but also the Cross Benches and everybody else who wishes to play a part in the Joint Committee will wish to do so most constructively to try to reach a good solution that would suit not just this House or the other place, but also the nation.

Parliament: Elected House of Lords

Debate between Lord Tyler and Lord Strathclyde

Monday 16th May 2011 Lords Chamber

[Lord Strathclyde]

My Lords, it is always useful and helpful to have some advice from the noble Lord, Lord Grocott, who was a Member of the Government who published several White Papers on this subject in their period in office. We hope to publish only one.

[Lord Tyler]

My Lords—

--- Later in debate ---

[Lord Tyler]

My Lords, following the question of the noble Lord, Lord Grocott, did my noble friend see the statement by Mr Hilary Benn last week that the Labour Party is now committed to a 100 per cent elected House and that nothing less will do? Does he agree that the balance of responsibility and power between the two Houses will inevitably be affected by the number of people elected to this House and does he therefore think that the primacy of the Commons should be reflected in the draft Bill by at least keeping in the option of 80 per cent elected?

[Lord Strathclyde]

My Lords, my noble friend makes a good point. Different Members of either House will feel differently about the role of primacy of the House of Commons depending on what proportion of this House were to be elected. I noted too, as he did, that the shadow Leader of the House of Commons, Mr Hilary Benn, said that the Labour Party was now entirely in favour of a 100 per cent elected House.

House of Lords: Life Peerages

Debate between Lord Tyler and Lord Strathclyde

Tuesday 15th March 2011 Lords Chamber

[Lord Strathclyde]

My Lords, neither is the case. While there is an appointed House, it is always open to the Prime Minister to appoint new Members to it on a cross-party basis and the noble Lord will have seen the coalition agreement on that. However, if Parliament passes a Bill for an elected House, elections would take place.

[Lord Tyler]

My Lords, will my noble friend acknowledge that since 1997, when a Government, of whom the noble Lord, Lord Grocott, was a distinguished Member, were elected with a clear commitment to reform your Lordships’ House to include elected Members and, by implication, to end the life peerage, all of us who have been appointed know that we are term Peers in practical terms? Will he further acknowledge that the big difference since May of last year is that instead of just talking about this for 13 years we have a Government who are committed to action?

[Lord Strathclyde]

My Lords, my noble friend is quite right. I do not believe that any new Member of this House, before accepting this great honour and, indeed, a job, has not considered what might happen if a reform Bill is finally published.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Strathclyde

Wednesday 8th December 2010 Lords Chamber

[Lord Strathclyde]

In a series of votes in the House of Commons, Members of the other place united behind this system and decided to put it forward to this House.

[Lord Tyler]

Can my noble friend tell the House whether the Government took cognisance of the fact that the previous Government, having obviously gone through a very similar thought process, decided on precisely this form of AV for the Constitutional Reform and Governance Act and then repeated the proposal in the general election?

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Strathclyde

Monday 15th November 2010 Lords Chamber

[Lord Strathclyde]

My Lords, of course I do not say that; nor do I think my remarks were ill-timed or misjudged. I was going to precisely make the case that Mr Goudie QC said that it was arguable that the Bill may be hybrid. Did anyone in the House hear a lawyer say that a case like this was not arguable? And when did the noble and learned Lord, Lord Falconer of Thoroton, fight shy of arguing it?

As is well known and understood, I am not a Silk like the noble and learned Lord or his friend Mr Goudie, but I have spent enough time in the countryside to know a sow’s ear when I see it—and I see it in this Motion. On what do I rest my case? Your Lordships have the benefit of the crisp opinion of the Clerks of your Lordships’ House, who have confirmed the view—a view they had taken even before the Bill was introduced—that this Bill is not prima facie hybrid. Indeed, in the opinion of the Clerk of Public and Private Bills, the Bill, “cannot be hybrid”. Had it been, neither the Clerks of this House nor of the other place, having examined it for that specific purpose, would have let it pass. That letter is in the Library.

Furthermore, my noble and learned friend Lord Mackay of Clashfern wrote in a letter copied to me, the Leader of the Opposition and the Convenor of the Crossbench Peers:

“A hybrid Bill is a public Bill which affects a particular private interest in a manner different from the private interests of other persons or bodies of the same category”.

On that, I am sure that we all agree. He went on to write this short line:

“I can see no ground on which it could be argued that this is a hybrid Bill”.

So what are the facts of the matter? No one’s right to vote is affected. No one’s right to vote is withdrawn. No one’s right to representation is diminished. All that the Bill seeks to do is to ensure that constituency sizes are more equal and that each voter’s voice is more equal. Underneath all the legal argumentation, what shines out from the noble and learned Lord is that equalising constituency sizes upsets the Labour Party. We all know that Labour has long benefited from this system. No one talked about hybridity then and we all know why, don’t we? It seems that the Labour Party is upset that those unique communities in the Western Isles, Orkney and Shetland are protected under this Bill.

[Lord Tyler]

Can my noble friend confirm that, whenever any legislation has referred to the Orkney and Shetland constituency, although that constituency has never been considered to be part of the United Kingdom as a conventional constituency, the legislation has never been treated as hybrid?

[Lord Strathclyde]

My Lords, not only is my noble friend, like my noble friend Lord Rennard, right, but this relates to a Bill on which the former Lord Chancellor advised. The Scotland Act 1998—legislation of a Labour Government—made provision for Orkney and Shetland each to be a separate constituency in the Scottish Parliament and not to be part of any future Boundary Commission review. The noble and learned Lord raised no question of hybridity then. In addition, the same legislation—