House of Lords: Membership

Baroness Hayman Excerpts

Thursday 24th October 2013 Grand Committee

[Baroness Hayman (CB)]

My Lords, I echo the remarks that have already been made about the noble Lord, Lord Higgins, and the value he has provided for today in allowing us to debate this subject. As the noble Lord, Lord Steel, has already reminded noble Lords, the size of the House was already a problem when the Hunt committee reported. Far from seeing a reduction in numbers, as was proposed, we have seen a substantial increase, with all the difficulties that have been referred to today, including the effects on the reputation and, indeed, the workings of the House.

I want to take up the theme of party-political balance in the House. We have no agreement about what the relative strengths of parties in the House should be. However, we do have agreement, I think, that much legislation that comes to this House is badly drafted, inadequately scrutinised or not scrutinised at all, because of timetabling in the other place. Given those circumstances, I ask the Government to think very carefully about increasing by large numbers the proportion of party-political Peers in the House. Second Chambers exist to ask first Chambers to have second thoughts. We need to do our job of pressure-testing legislation, both for policy and for drafting, and to ask the Commons to think again when appropriate. The joy of our present system, and the reason why many of us oppose an elected House of Lords, is because democratic power, accountability and legitimacy lie with the Commons, which always in the end gets its way.

I have been a Minister in this place and I know that it is very disobliging and disrupting to lose votes, but in terms of the quality of the legislation that emerges I suggest that it is counterproductive for the Government deliberately to diminish the number of times they are asked to think again in the House of Commons. That can rebound politically, as those who were involved in the poll tax legislation understand very well.

As regards the proposals for not just not increasing the size of the House through new appointments but reducing its size through offering opportunities for retirement and resignation, I echo what has been said about Dan Byles’s Bill because I have always believed that having a statutory basis on which to build in a voluntary manner is tremendously important.

The other development that I think is important is the recently published report of the Political and Constitutional Reform Committee. Many of the proposals in the Clerk of the Parliament’s memorandum are supported in that report and there are specific requests, not just from the Government but from the parties in this House, for the leadership to take those proposals on board and to respond to both the committee and the House as a whole. I hope that the Minister will indicate that the Government are willing to respond to that.

--- Later in debate ---

[Lord Hunt of Kings Heath (Lab)]

I, too, thank the noble Lord, Lord Higgins. It has been an excellent debate. I have to say to my noble friend Lord Lea that I plead guilty as charged, although I hope that the Minister will also plead guilty. I notice that he left the Conservative Party office charge sheet, which rather disappointed me, but perhaps he just felt short of a bit of time.

I thought that the Clerk of the Parliament’s report was excellent, particularly paragraphs 36 and 37 in relation to a strengthened leave of absence scheme, including minimum levels of attendance and enforced leave of absence. Will the Minister state clearly what the Government actually intend to do to progress this? As noble Lords have said, the Leader of the House has already indicated that he is not in favour of it, but I think the House and the Committee are entitled to a proper explanation of why this should not be taken forward.

I also ask the Minister about the statement made by the noble Baroness, Lady Northover, at Question Time this morning. She made what seemed to me to be a new statement of government policy in relation to the balance between the parties. I would be grateful if he would expand on what the Minister said in the Chamber.

Thirdly, I come to the point raised by my noble friend Lady Hayman. We have what I think is a ludicrous coalition agreement policy of saying that in one Parliament the membership of the House should reflect the votes cast at the last election; clearly, we have seen lists of new Peers being announced in order to make progress towards that. Our estimate is that the Government will shortly have a political majority in the Chamber of more than 100. What is the point of it? We are a revising Chamber; if the Government cannot be defeated, revisions cannot take place. In my own experience as a Minister, as my noble friend Lady Hayman will know—

[Baroness Hayman]

The noble Lord is definitely my friend, but in procedural terms in this House he is not my noble friend.

[Lord Hunt of Kings Heath]

My Lords, I am duly dealt with on that. The noble Baroness was also a health Minister. I would have expected to lose five or six votes on any health Bill that I took through, and I took through rather a lot. This does not happen any more, and I want to ask the Government whether they expect to win every vote. Is this the intention? If it is the intention, frankly, I do not see the point of your Lordships’ House. If the Government are not defeated on a fairly regular basis, we cannot send matters back to the House of Commons and there is no point to us. I am increasingly of the view that in that scenario the only way out is to get rid of the House. I do not think that the Government realise the significance of this. We cannot revise unless the Government are defeated a healthy number of times.

We should look at other reports, as well as the Clerk’s. My noble friend Lord Foulkes has given the game away, in the sense that there is a Labour group looking at some of these issues. The House of Commons Political and Constitutional Reform Committee has produced a very interesting report, with a number of suggestions as to how we might deal with these issues. We may not agree with all of them, but I particularly draw your Lordships’ attention to recommendation 10, on determining the relative numerical strengths of party groups in the House of Lords. In the end, surely we need to have sensible discussions and reach an agreement which will enable us to get a proper balance, allow the House to do its proper job in revising, and keep the numbers at a reasonable level.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, Members of the House of Commons earn their keep and are much more often in the prime of life. Most of us who come here have earned our salaries elsewhere and have pensions from elsewhere. That is part of the distinction that I am making.

[Baroness Hayman]

Not the women.

[Lord Wallace of Saltaire]

My Lords, the noble Earl, Lord Sandwich, asked about human resources. My noble friend Lord Gardiner remarked that that is partly because Cross-Benchers do not have Whips. Whips in this House see themselves not as enforcers but as very much a human resources department for their own party groups.