Leader of the House of Lords
Baroness Hayman Excerpts(10 years, 3 months ago)
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Baroness Grender (LD)
My Lords, I want to make one very brief point. I would hate this debate to pass by without making the point that while many here are talking about a constitutional outrage, there remains a constitutional outrage that this place is unelected. I want to mark that point.
Baroness Hayman (CB)
My Lords, I think the House would not thank me for entering into that particular argument at this stage of the evening. I simply ask: where was the corporate memory in all of this? The noble Lord, Lord Lang of Monkton, described the change in the role of Lord Chancellor as an object lesson in how not to make changes. I think that it has a rival in this current situation. Perhaps I could just say a word about the change of the role of Lord Chancellor because I was a beneficiary of it in one sense, as I then had the honour of representing this House as the first Lord Speaker.
I have two things to say. First, the Government of the day were stopped in their tracks. I have some sympathy with the views of the noble Lord, Lord Lang. They took a long time to work out that policy properly; it was not implemented immediately because it was seen to be wrong. I believe that we are in the same situation now and we should stop. Secondly, constructive suggestions have been put forward on how this could be corrected. It needs to be corrected because it matters not only that the Prime Minister has his personal opinion—I am sure that he is honest in describing his respect for the noble Baroness the Leader of the House—but that the Leader of the House has clout with fellow members of Cabinet matters. The Leader of the House should be someone who not only attends but is a member of Cabinet.
I shall say one last thing about those arguments about the change in the position of Lord Chancellor. There were passionate debates, often because there would be a reduction in the representation of this House at Cabinet level to possibly only one. That was considered to be a serious issue but no one, not the most outspoken opponent of those changes, ever suggested that it would be possible that this House would be totally unrepresented at Cabinet level. Others have made the case why that would be. As someone who had a role, of which I was immensely proud, in representing a House that I believe is an essential part of our bicameral legislature, I think that to allow that to happen would be a constitutional outrage, as others have said, and something that we should take steps to change.
Lord Cope of Berkeley (Con)
My Lords, as has been mentioned, I went with my noble friend Lord MacGregor to see the Prime Minister about all this last week. I went because, while I greatly welcome the appointment of my noble friend Lady Stowell and congratulate her on it, like others I was shocked by the decision on the status of our new Leader of the Lords and wanted to challenge that decision.
Our objective was, first, to ensure that the Prime Minister understood the outrage felt throughout your Lordships’ House and then to see what could be done about it. It was clear that he fully understood, at that time at least, the outrage. He explained that the decision on her status arose from the fact that the Leader of the Commons had not recently been a full member of the Cabinet, but as that is now my right honourable friend William Hague, who is also First Secretary of State, it was impossible to demote him. Further, he said that ministerial heads of department these days are all Secretaries of State—a fact to which I will return—so that all the available spaces allowed by the 1975 Act were taken up, as explained in the excellent report from the Constitution Committee.
We came away with two undertakings, which we asked him to put in writing and he did so, in the letter which has already been referred to. The first was that this was temporary. Secondly, he promised that in practice meanwhile it would make no difference, as my noble friend Lady Stowell will be treated exactly like her predecessor, although she is not officially of Cabinet rank. In my view, the Prime Minister saying—and then putting it in writing—that our Leader, although not a member of the Cabinet, is to be treated as if she was one itself marks a profound, if apparently temporary, change in our constitution. My noble friend is, by the Prime Minister’s fiat expressed in the letter, exempted from the restrictions which would normally apply to those who merely attend the Cabinet. In our flexible constitution, as chairman of the Cabinet, he can do that.
Like the noble Baroness, Lady Royall, I attended Cabinet for a period. It was my noble friend Lady Thatcher’s Cabinet, while I was acting Chief Whip after the Brighton bomb. As Chief Whip my duty was to ensure that the Cabinet understood the views of MPs, particularly but not only the views of the Government’s supporters in the Commons, and to give advice on smoothing the Government’s path in Parliament. I was of course not there to contribute my personal views, which was for members of the Cabinet to do. Nor was I there to vote on the rare occasions when the voices were collected to make a decision. I assume that my right honourable friend Michael Gove will follow the same precedents in the current Cabinet.
The Prime Minister’s decision and the terms of his letter will, I have no doubt, be studied in academic and other circles to gauge his idea of Cabinet government. I note that those now considered as essential members of the Cabinet are the Secretaries of State—the ministerial heads of the various departments. They are regarded as more essential than the Leaders of the two Houses of Parliament. That is a profound comment on the way in which our constitution and the attitude to Parliament have developed, particularly in a bicameral Parliament.
As far as I am concerned, it gives rise to two reflections. These days there are no heads of departments in the Lords, which used to be quite normal. For example, my noble friends Lord Young of Graffham, Lord Cockfield and Lord Carrington headed departments not long ago in the constitutional reckoning of time. In spite of all the huge numbers of appointments to the Lords, no one has recently been appointed to be head of a government department.
House of Lords: Size
Baroness Hayman Excerpts(10 years, 11 months ago)
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Baroness Hayman (CB)
My Lords, I join in congratulating the noble Lord, Lord Norton of Louth, on introducing this debate with his usual clarity and intellectual analysis, and on his passionate commitment to this House and the way in which it does its job. It is a commitment shared by all those who have spoken, most notably the noble Lord, Lord Maclennan, who enjoined us to look at the quality of the work that we do rather than having an obsession with size.
Size does matter, actually. Political balance matters, and the balance between the political appointees and the independent appointees matters. It matters because the function of a second Chamber, particularly one like ours that is not elected directly, is to ask the directly elected Chamber where power resides to think again. That is a very important responsibility of this House, and it is important that the House can discharge that responsibility, not least when, as we know because of timetabling in another place, much legislation comes to this House without having been scrutinised.
The role of this House is not to overturn or to have the final say, but it is very important that it should be possible for a Government to be defeated in this House so that the other place can have second thoughts—or sometimes first thoughts, because it has not looked at the legislation at all. It is imperative to safeguard that. The quality of the work that we do is not essentially posited on the size of the House. We all agree that we probably need a larger House than we might think at first glance, because of the part-time nature and the quality that is added to our work by the fact that people have interaction with the outside world.
When I joined the House in the Session 1996-97, the absolute membership was 1,204 and the daily average attendance was 381. In the previous Session, 2012-13, the absolute membership of the House was 810 and the average daily attendance was 484. Where was the decision taken that we needed a 25% increase in average attendance to improve the quality of the work that we were doing? This has happened. It has happened because of some of the political dimensions that the noble Lord, Lord True, spoke of, and without an analysis of the need for it to happen.
It is really important to stop, take a breath and think about that. I have a question for the Leader of the House. I asked it twice in Written Questions of his predecessor, and never got what I would call a satisfactory Answer. I asked to which of the political parties that fought the previous general election the pledge that the House of Lords should reflect the votes cast in that election applied. It is quite an important question.
What has been done is that the membership of the House has been changed in line with the two major parties that form the coalition, not by taking a totally proportional view and bringing in minor parties. I do not particularly mind not having the votes cast for the BNP or indeed UKIP at the previous general election represented in membership and appointments to this House, but it is very important that we understand the terms of engagement going forward into the next general election. We need consensus and convention on this. The famous definition of consensus—that it is what the House of Commons votes for—does not do it in this respect. We will not get unanimity on many of these issues, but it is important that they are addressed.
I welcome the Bill that Dan Byles introduced into another place. It is true that not many criminals will be barred, but it brings disrepute to this House if any people who have committed serious criminal offences can return as Members. It would not make a huge difference to numbers if non-attenders were not allowed to attend. However, some of us with long political histories know that there is danger in having a group of people who may not participate all the time but who have the right and the power to participate in moments of great political crisis. If I have not been clear enough in my message about that, I will say only three words—the poll tax. So it is important that the membership of this House reflects those who are active and participatory.
I have no desire to introduce mechanistic or arbitrary solutions to this issue. I do not believe in a moratorium on new Members because I also welcome what the new Members have brought to this House and continue to bring. However, we cannot just continue to expand. I sometimes said when I had the honour of representing the House and acting as its ambassador that I sometimes thought the Government believed that the Chamber of the House of Lords was the TARDIS—it got bigger and bigger inside so that it could accommodate whoever came in. It is not quite like that. This is not only about having enough seats but about having time to speak in debates—a one-minute limit on speeches—and a whole range of issues.
I hope that the Leader of the House, with support from the Government—I am not as pessimistic as the noble Lord, Lord Tyler, on this—when Dan Byles’s Bill becomes law, will undertake to have discussions with leaders of the other parties about retirement provisions and how we could make progress on reducing the size of the House in a sensible, constructive way that will not damage our performance. However much we know that 800 is not a bad thing at the moment, the outside world finds it difficult to understand those kinds of numbers and we should do something to reduce them.
The Earl of Caithness (Con)
My Lords, a Session of Parliament without a regular debate about ourselves would not be the same. We have become so used to having such debates over the past 15 years, or even longer, and our regular navel gazing has become part of each Session. I therefore thank my noble friend Lord Norton of Louth for introducing the debate.
The noble Lord, Lord Kakkar, hit the nail on the head when he said, “What is the purpose of a second Chamber?”. Once you have the role of second Chamber, you can then decide how that is best fulfilled, and on its numbers. However, deciding on a role for the second Chamber depends on the role of the first Chamber—in our case, the House of Commons. Despite joining Europe and many powers going to Europe, both Houses have evolved to the state they are now in, and perhaps we ought to stand back and say what we really want from them.
It was interesting and a matter of concern to read that, despite the low level of scrutiny of legislation in another place, the number of amendments tabled in your Lordships’ House, and the number agreed, have gone down. The statistics on this from the Library are interesting. In the period 2005-06 to 2010, the number of amendments tabled in this House dropped from around 10,000 to about 2,000. We pat ourselves on the back and say that we are doing a good job, but I do not know whether we are. When I cast my mind back 44 years to when I first came here to the job the House was doing then, and a Conservative or whatever Government of the day were defeated, just as today’s Government are defeated, I wonder whether we are doing a better job than our predecessors. There are more people and we are doing more work, but is it better? I am not in a position to answer.
My noble friend Lord Maclennan made a good point when he mentioned the work of the European Union Committee sub-committees. When he said that, I immediately thought of two reports, one of which was on the common fisheries policy. That report had a marked effect on the thinking of the Commission in Brussels, because most of the ideas set out in it were taken up and brought forward as proposals in EC legislation. The other report is one that I have been involved with: the report of Sub-Committee A on the financial transaction tax. It made our Government think again and led to them submitting a legal objection to the Commission. Those are two instances where our reports have had a marked effect, but I wonder whether in the generality, despite some extremely good work, our reports are getting the attention they deserve.
On the question of our work, another statistic that has both surprised and alarmed me is the number of Written Questions that we are putting down. The rate is on an almost perpendicular upward trend at the moment. Each Written Question costs a lot of money to answer and takes up a lot of civil servants’ time. Why has there been this sudden trend? The population of the House has not grown markedly over the past couple of years, and yet the number of Written Questions has, and that is a potential cause for concern.
My noble friend Lord True mentioned the age profile, and of course he is absolutely right. I agree entirely that it is very good that an older House up here complements the young enthusiasm of the Commons, but a closer look at the statistics shows that we now have only 31 Members under the age of 50. I think that some of us regret the passing of the hereditary Peers in 1999, because at least a lot of young people were brought in, which added to the balance of the House. At the same time, 24 Members of the House are over the age of 90, and 13 of them are active. The great majority of the House, something like 66%, is aged between 60 and 80, and the average age is around 70. I cannot think of any job or organisation in the world that I could have been a member of for 44 years and still be under the average age, and I am extremely grateful that I am still here and able to participate. But perhaps it is something that we ought to contemplate.
As long as we have the Prime Minister’s prerogative to create peerages, we are never going to solve the problem of numbers. I do not think that past Prime Ministers, such as Prime Minister Blair and Prime Minister Brown, did this House any good, and in fact I am not certain that my Prime Minister and the Leader of the Liberal Democrat party and Deputy Prime Minister, Mr Clegg, have done us any good with the number of people they have appointed. That has changed the House quite markedly. The noble Baroness, Lady Hayman, said that the House ought to be politically balanced. To an extent that may be so, but if every five years there is a marked swing in another place, a whole lot of new Peers will have to be created here—
Baroness Hayman
I apologise for taking up time in a timed debate, but I did not intend to say that I thought that the House should be politically balanced. I said that I thought there should be some agreement on the parameters of political balance, and on the balance between political appointees and non-political appointees.
The Earl of Caithness
My Lords, I am grateful to the noble Baroness for that clarification. However, if one follows the argument that one needs political balance, if there is a dramatic swing in 2015, more Peers will have to be created to reflect that balance. If there is a sudden drop in support for the Labour Party—which I fully anticipate—I am sure that some Labour Peers would want to resign from here in order to get that balance, rather than see the creation of new Conservative Peers.
The suspension of the succession of hereditary Peers has been raised, but that would not be effective. Any Government—particularly a Conservative Government, because our party has the most hereditary Peers—would just appoint life Peers, most of whom would be older than the current possible successors to those hereditaries, so that would not be very good.
I have a couple of suggestions for my noble friend on the Front Bench. Why not create the equivalent of the Irish peerage? We could offer people a peerage, but no right to sit in this House. That would be a good thing. Then there are the ex-MPs, who make up 22.7% of this House. I welcome them. Most are Labour, and have kept this House even though they were all part of a party that wanted to abolish it. However, perhaps there ought to be a five-year moratorium after someone has been an MP before they are offered an active peerage in this House.
House of Lords: Membership
Baroness Hayman Excerpts(11 years, 8 months ago)
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Lord Grocott
My Lords, I was just sitting here quietly, looking forward to the conclusion of the debate without, I hoped, a Division, but hoping that if there was a Division it would result in a resounding majority for the Motion of the noble Lord, Lord Steel, and my noble friend’s amendment. However, the comments of the noble Lord, Lord Tyler, make it impossible for me to remain in my seat because I think he suggested that the previous Labour Government paid no attention to what he now considers a very sensible proposal that the membership of this House should reflect the result of the previous general election.
I remind the noble Lord of the facts. I know that facts can sometimes ruin arguments, but the facts are as follows. He may recall that the 1997 general election resulted in a Labour majority of something over 150 in the House of Commons. I will be honest enough to say that I almost wish I had thought of this at the time. It would have been extremely tempting to argue that the membership of this House should reflect the huge majority that the Labour Party had in 1997, and on which it was re-elected, with an almost identical majority, in 2001. The noble Lord can do the maths rather than me, but there would have needed to be a colossal addition to the Labour Benches in this House to reflect that.
I ask for a little indulgence and sympathy towards my dear old party from all quarters of this House. The Labour Party eventually became the biggest party in this House in 2005: that is, eight years after we received a colossal overall majority in two successive general elections. We have been the biggest party in this House for eight years out of the 110 years of our existence as a political party. I do not think it is being greedy to say that eight years is not too bad. If the noble Lord, Lord Tyler, did argue for a huge influx of Labour Peers at that stage, it was obviously on one of those days when I did not attend the House. I simply put it to him that he ought to reflect on that.
Perhaps one other matter on which the noble Lord should reflect, in this of all weeks, is the election in Italy, a country which adheres to the constitutional principle that the second chamber should be elected and have pretty well equal powers to those of the first chamber. He should reflect for a moment on whether that is a good idea to incorporate here. While he is about it, he should reflect on whether the proportional representation system of election to the Italian Parliament provides stability and security for a Government. One or two of the noble Lord’s theories have been road tested this week and I could not forbear but to refer to them. On that note, I will sit down.
Baroness Hayman
My Lords, tempted as I am, I will not follow the reflections of the noble Lord, Lord Grocott, on second chambers across the world. During my time as Lord Speaker, I developed a very good 45-minute lecture on second chambers around the world, but I suspect that the House would not appreciate hearing it today.
Like others, I am grateful to the noble Lord, Lord Steel, for giving us the opportunity to consider this issue today and, if I may say so, even more grateful to the noble Lord, Lord Hunt of Kings Heath, for bringing a proposition before the House that I think is in many ways more acceptable than the original one of the noble Lord, Lord Steel, given the interpretation that people could put on that and the suggestion of constitutional impropriety or of being unwelcoming to new Members. I appreciate what the noble Lord, Lord Laming, had to say on that. However, like the noble Lord, Lord Steel, I was deeply depressed when I read the Written Answer that appeared in Hansard on 15 February. While it is understandable that the Government should feel frustrated at the loss of their proposals for an elected House, those proposals were indeed lost. The reality of the situation is that we have two and a half years until the next general election and some time beyond that during which this House will continue to be an appointed House. It is constitutionally and politically irresponsible not to take at least some modest measures now to take us forward.
I am not a supporter of an elected House. I am a supporter of a rather radical reform of this House which is not encompassed in what is before us today, or the Bill before another place. However, I have to accept that that reality cannot be achieved at the moment. The elements in the amendment in the name of the noble Lord, Lord Hunt of Kings Heath, provide a minimum basis for us to take forward some of the changes that are need in your Lordships’ House. It will not radically reduce the numbers but, having been deeply involved with these issues for some time, I believe that not having a legislative base on which to build the House’s consensus—as I hope it will develop—on retirement is a terrible impediment to going forward. One thinks of resources as being about money and people, but as a Minister I learnt that, in politics, resources are also about legislative time. Allowing retirement to be a reality—in future “life” not meaning “for life”—is enormously important.
The issue of those with criminal convictions, though very small, narrow and, of course, not retrospective—how could it ever be?—is important for this House. It is also an important basis for our own disciplinary action in future. Even this minimalist legislative change is enormously important and would give us the basis on which to go forward. The other day, I asked the Leader whether he would do the service to this House that could be done by allowing us that minimum basis. I am very encouraged by the fact that there are those who, like the noble Lord, Lord Hunt of Kings Heath—though unfortunately not the noble Lord, Lord Tyler—believe in an elected House but still recognise the problems and the reality of the years ahead. Noble Lords who want to participate in the business of the House sometimes cannot because they cannot be within the Chamber. That is not a proper way for us to continue. We want to welcome new Members and if we are to do so, we also have to find a way in which membership of this House can cease. It is our responsibility to try and do that. We will not achieve it overnight. There will not be immediate unanimity about the grounds for retirement and how we go forward. However, since 1999 we have had constant reasons why proposed changes were not exactly right. We have had constant reversals to proposals for incremental change on the basis that we were going to have all-singing, all-dancing proposals for election. It has got us into terrible trouble over numbers and over financial support for Members. Those who were arguing that we needed to change that system sooner were told, “Don’t worry because very soon we will have a Bill, we will have elections, we will have a salaried House”.
It is not responsible to continue to do nothing. We have to make a start somewhere and I hope very much that the House will today make that view very clear.
Lord Higgins
My Lords, I very much welcome this debate. It is important that we bring pressure on the Government to carry out the urgent changes that have been set out by the noble Lord, Lord Steel, and those on the Opposition Front Bench. I certainly welcome that. Like others, I was concerned about the Written Answer to which the noble Lord, Lord Steel, referred.
The noble Lord on the Opposition Front Bench pointed out that it will clearly be a long time before there is any likelihood of our moving towards an elected Chamber. However, there is another point. I am optimistic on that issue because it is absolutely clear, despite the rather mixed procedure on voting in the other place, that its Members now clearly understand that it is not in their interests to have an elected House of Lords with regard to the situation both at Westminster and in their constituencies. It is high time that it is recognised that this is the case and that we should not go further forward on that point.
In all events, it is important that we deal with the issue of the size of this House and the other issues mentioned in the amendment. The noble Lord, Lord Rooker, referred to the arrangements set out in the coalition agreement. Again, the coalition should recognise that that is not a sensible way of dealing with the size of this House. We do not know on either of those points what will appear in the manifestos—the reality is that manifestos are cooked up behind closed doors, with virtually no consideration at all for Members of Parliament in either House. We cannot tell, but I hope that on both matters such proposals will not be included in either of the main parties’ manifestos.
The Motion proposes that there should be no increase in the number of Members until the size of the House is determined—I do not have the exact wording. However, it is extremely important that the Government clearly set out how they envisage the programme for the House of Lords. The House is getting bigger and bigger and, presumably at some stage, its size has to be reduced. The danger then, particularly after an election, is that it increases again. The Government need to say what they think is the maximum size possible within that transitional period and what the ultimate aim ought to be. We need some guidance on the optimum size of the House.
The other points that have been debated concern the various amendments in what I am still inclined to call the Steel Bill. We should simply go ahead with them, and the block in the House of Commons ought to be removed. It is difficult to avoid the impression that a sense of pique on behalf of the Deputy Prime Minister is leading to that block. We ought to go ahead with those changes, and we can perfectly well do so way before the date of the next general election.
Finally, perhaps I may make a more controversial point. Paragraph 47 of the Hunt report suggests that provisions for retirement might be made. I realise that this is highly controversial, but once a Treasury Minister, always a Treasury Minister. If there is one crucial issue in the Government’s policy at the moment, it is to reduce the deficit. On the proposal that one should create, for example, an incentive scheme whereby a modest payment was made based on the expenses incurred in the previous full year, minus travel expenses, it would be helpful to see to what extent that might produce a significant reduction in the size of the House. At all events, it is a means of saving public expenditure, which I hope would be acceptable.
I have one final point about the position of my own Front Bench. I am told that the position normally is that they vote against things that are not government policy. That is a rather strange doctrine: many good proposals are not government policy; that is no reason to vote against them. As for the proposals in the amendment, I think it is clear that the House has already approved them in the shape of the legislation sent to the other place. To then go and vote against them seems a very strange attitude to take.
Lord Hill of Oareford
I am coming on to talking about attendance and participation, which I recognise as an important issue. As far as the exercise of restraint is concerned, the amendment of the noble Lord, Lord Hunt of Kings Heath, refers to the Leader’s Group recommendation on the creation of new Members of this House. That read:
“Whilst we cannot recommend that there should be a moratorium on new appointments to the House—since, while the purpose of the House is to provide expertise, we must ensure that that expertise is refreshed and kept up to date”—
a point, I think, on which all noble Lords agree—
“we do urge that restraint should be exercised by all concerned in the recommendation of new appointments the House, until such time as debate over the size of membership is conclusively determined”.
I would argue that this recommendation has been followed and that the Prime Minister has indeed shown restraint. Since the well publicised lists of May and November 2010, a total of eight new peers have been created, six of them on the Cross Benches; 42 life peers have, sadly, died. I suggest, therefore, that the Prime Minister’s record is consistent with the recommendation from the Leader’s Group, both in terms of exercising restraint and in ensuring that expertise is refreshed and kept up to date.
I now come to the point about which I was asked. The real issue is not so much the absolute number of those entitled to vote but attendance. Surely we all agree that attendance and participation are good things that we ought to encourage. That is one of the reasons why I am extremely keen, as a new Leader, to try to find new ways to help a wider range of Members to play a greater role in this House. That is why, as an early priority, I shortly plan to put proposals to the Procedure Committee that will provide more time and opportunities for Back-Bench Members to lead debates. My intention is to build on the work of my noble friend Lord Strathclyde, who, with the support of the Liaison Committee and the House, initiated a modest expansion in our Select Committee activity to include more pre-legislative and post-legislative scrutiny as well as a greater emphasis on single-session committees. I am keen to do that in order to ensure that a wider range of Members have the opportunity to serve on our Select Committees.
Noble Lords have raised the matter of Question Time. I welcome the fact that the Procedure Committee is due to come forward with some revised proposals on how we might make it easier for a wider range of Members to table Oral Questions. There is also the question of how we might encourage more Members to come in on supplementary questions and broaden participation. I am acutely conscious of how crowded the Chamber is during Question Time, just as it is at PMQs in another place. When you spend as much time as I now have the pleasure to do in your Lordships’ House, it is clear that, at other times of the day, this House is not as crowded as it is during Question Time.
As well as talking about the need for restraint, the amendment of the noble Lord, Lord Hunt, reiterated the support of this House for the proposals in the Bill introduced by my noble friend Lord Steel of Aikwood. Indeed, the House has already made its position clear. We passed the Bill without a Division and sent it to the other place last summer. It contains measures which my noble friend Lord Steel described as “housekeeping” and for which it is clear that there is widespread support in this House. I know that my noble friend is keen that the Government should take the Bill forward. As he said, he made his case directly to the Deputy Prime Minister earlier this week; he was the right person to talk to, as he is the Cabinet Minister responsible for this matter. Despite that, the Government’s position remains that we do not wish to facilitate the passage of the Bill. I understand that the Deputy Prime Minister made clear why that is the case. As my noble friend Lord Tyler said, it is because the House of Commons voted overwhelmingly last year in favour of an elected House of Lords. With that in mind, no Government could credibly support a package of measures that could be perceived as anointing an all-appointed House.
Baroness Hayman
I am grateful to the noble Lord. I find this a confusing argument. If the will of the House of Commons was so clear and unambiguous, why are we not now spending our time debating the House of Lords Reform Bill? The fact is that the House of Commons purported to will the ends but refused to will the means. If you do not will the parliamentary time, you do not will the statute. I suggest to the noble Lord the Leader that the view of the House of Commons was not quite as unambiguously in favour of an elected House as he suggested.
Lord Hill of Oareford
Clearly I take the point made by the noble Baroness, Lady Hayman, that there was a difference between the extremely clear view expressed—a 71% majority in favour in principle of an elected House—and what happened. As she said, when push came to shove some of the consequences of an elected House, such as the issue about the balance of powers between the two Chambers and so on, perhaps became less compelling. However, that was the situation and the Government have made it clear that they will not bring forward further legislation to reform the House in what remains of this Parliament. This position was welcomed by many in the House.
House of Lords: Reform
Baroness Hayman Excerpts(11 years, 9 months ago)
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Baroness Hayman
My Lords, will the Leader reconsider the pessimism implicit in his original reply? It is intolerable that the failure of the Government’s plans for an elected House should stand in the way of progress on a reform agenda that is widely supported and which is urgently needed for the reputation of this House. The noble Lord could do the House a great service by championing that reform agenda, as the noble Lord, Lord Forsyth, said. Will he undertake so to do?
Lord Hill of Oareford
My Lords, I hope that I can always be a champion of this House, about which I feel extremely strongly. On the point about me being a pessimist, I like to think that I am an optimist. I am optimistic about this House, about its future and about the contribution that it makes to our national debate. I have, though, to be realistic about the consequence of the debate and the votes that took place. We know that the other place said at some point that it was in favour of an elected House; it did not then will the means for that to happen. Given where we got to last October, I am not a pessimist but I am realistic.
House of Lords: Peers
Baroness Hayman Excerpts(12 years ago)
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Lord Strathclyde
My Lords, why do we not just wait and see whether it is picked up by a Back-Bench Member?
Baroness Hayman
My Lords, may I encourage the Leader of the House to go ahead with those conversations that he suggested as there is a widespread feeling in the House that there is a possibility of a rational, staged and fair way of reducing the size of the House? He was very relaxed about the Bill in the other place. I suggest to him that the danger to the reputation of this House is not only in its size. At the moment it is also in the fact that those with serious criminal convictions are free to return to the membership of the House. The Steel Bill would put that right and I suggest that it would be wrong not to take that opportunity.
Lord Strathclyde
My Lords, like the noble Baroness, I think that the most important part of my noble friend’s Bill is that which deals with serious offenders.
House of Lords: Working Practices
Baroness Hayman Excerpts(12 years ago)
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Baroness Hayman
My Lords, I join others in congratulating and thanking the noble Lord, Lord Filkin, for introducing this debate. The noble Lord, Lord Judd, referred to him as a dedicated engineer. I was grateful for that, because it is much better than the phrase I was going to use, which was “terrier-like”, to describe his devotion to improving the working practices and the quality of the work that is done in your Lordships’ House. That of course is part of a wider, bicameral agenda to strengthen Parliament—an agenda that I believe is extraordinarily important.
It may be that those of us in the two Houses want to put behind us everything that went wrong in the disaster of the parliamentary expenses scandal. However, it permeated public consciousness very deeply. I felt at the time, and still feel, that in order to regain respect and trust, we need not only to put our financial houses in order—which we have done—but to strengthen Parliament, and to do our job better so that it serves the public better. In that way will we regain respect. That is why I agree with others who have said today that this is a very important time to take on this particular agenda. It is an opportune time because we now have a gap, a moratorium, on the big bang proposals for election to your Lordships’ House. There is no longer the argument that we will put everything right when we have the big, all-singing, all-dancing Bill. We are not going to have that. It is incumbent upon us therefore to take our fate into our own hands in the ways that we can and to make things better.
Luckily, there have been very good speeches already about three proposals that I should like to endorse, so I can do so very briefly. One is about using the device of a Back-Bench debate committee to inject more topicality into the agenda of the House. It is a real weakness when an issue is on the front pages and everyone is talking about it in their offices or the pub or wherever but we are not talking about it in Parliament. We could do better on that.
Given the volume of secondary legislation, we need to look at how we have not a take-it-or-leave-it situation but an opportunity to influence secondary legislation better. The proposals in the Leader’s Group and those of the noble Baroness, Lady Thomas of Winchester, were extremely interesting. The Legislative Standards Committee, to which the noble Lord, Lord Butler, referred, is tremendously important. I put in a plea for it to be bicameral. We have to improve the performance of Parliament as a whole, as others have said. We do not want to ape the lower House—we want to be complementary to it—but we do not want to pretend that we are not part of the same institution doing the same job. That is tremendously important.
On the other area of taking control of our destiny, I shall end with a couple of sentences about issues of composition. I believe there is a threat to this House—not in being too large but in having too many active Members. I became a grandmother this week. This has made me think about a lot of things, including the ageing process. It is tremendously important that in this House we have a balance, a range, and that that range does not become top-heavy with too many of us who are too elderly and too detached from the current experience that the noble Lord, Lord Faulks, spoke about.
We have to look seriously at the difficult issues of reducing the size of the House. The proposals in the coalition document, as my questions show, are phrased about representing the proportionality of those who voted in the last election. However, it is possible to produce proportionality and fairness when reducing as well as increasing the size of the House.
House of Lords: Reform
Baroness Hayman Excerpts(12 years, 1 month ago)
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Lord Strathclyde
My Lords, that may or may not be asking too much. Of course I am aware that this House will be very pleased with the news. Ever since the election, in every debate that we have had there has been an overwhelming majority against the proposals in the Bill. As far as the Steel Bill is concerned, this House has passed a Private Member’s Bill in the name of my noble friend Lord Steel. It now languishes in the House of Commons at the back of the Private Member’s Bill queue. It remains to be seen whether a Member of the House of Commons regards it as a priority and decides to pick it up. However, I will just point out that more than over 70% of the House of Commons voted in favour of an elected House. It may be a little difficult to believe that the House of Commons will now move to entrenching an appointed House so soon.
Baroness Hayman
My Lords, I am grateful to the House, and I am sure that the whole House will be grateful to the noble Lord, Lord Wakeham, for ensuring that we at least have 10 minutes to discuss this issue. Will the noble Lord the Leader of the House accept that reform and election are not synonymous? Will he also accept that two areas of consensus did emerge from the debate on the Government’s Bill? First, the Bill for elections to this House was not deliverable. Secondly, there was an urgent need to make changes in the House. I must say to the noble Lord, Lord Cormack, that I have never seen myself as a modest housekeeper and am more interested in some substantive reforms that are urgent for this House. Despite the pique felt over the withdrawal of the Bill, those remain urgent priorities on which there is widespread agreement. Will the noble Lord accept that and help make some progress on it?
Lord Strathclyde
My Lords, there may well be widespread agreement in this House, but I have seen no indication that there is widespread agreement in another place. That agreement is absolutely necessary before a Bill can be passed. I urge the noble Baroness, with all her influence, and those who agree with her to discuss things further with Members of the House of Commons.
Arrangement of Business
Baroness Hayman Excerpts(12 years, 4 months ago)
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The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
My Lords, the point is that the debate that we are now on is about whether or not the House should adjourn during pleasure for 10 minutes. I suspect that it is probably my fault that we are in this position. I said that the first Statement should not start before 4 pm; it started pretty much on the dot of 4 pm, and perhaps if we had delayed it for another 10 minutes we would have been able to continue without a gap at all. I am in a bit of a quandary because I would have hoped that the Statement in the Commons from the Chancellor of the Exchequer would have already begun.
Baroness Hayman
Perhaps I could offer a potential solution to this. If, on the debate on whether the House should now adjourn during pleasure, the noble Baroness were allowed to make the point that she had not been able to put certain questions to the Leader of the House on the previous Statement and to explain to the House what those questions would have been, and perhaps the feminist dimension to them, and then the noble Lord the Leader were to answer that, we might even find ourselves in a happier position regarding the second Statement.
Lord Strathclyde
That is an astonishingly good idea. Although we are still on the Question of whether or not the House should rise during pleasure for 10 minutes, perhaps my noble friend Lady Falkner could reconsider what she was going to say.
House of Lords: Reform
Baroness Hayman Excerpts(12 years, 5 months ago)
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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: Behaviour in the Chamber
Baroness Hayman Excerpts(12 years, 5 months ago)
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Baroness Hayman
Does the noble Lord the Leader of the House agree that an underlying pressure on behaviour in the Chamber is the size of the House and the number of Members who want to participate? On an earlier Question, he spoke about the increased costs of a reformed House. Will he confirm that an elected House and a reformed House do not have to be the same thing, and that a smaller reformed House would in fact be cheaper than the current House?
Lord Strathclyde
My Lords, I understand the point that the noble Baroness makes. In 1999, the average attendance at the House of Lords was 350; in 2005, it was 400; in the previous Session it was 475; so we can see the increase there. However, as far as behaviour is concerned, more than half of the Peers appointed since the general election have not attended any of the induction seminars offered by the Clerk of the Parliaments. I have written to them, encouraging them to do so. I am glad to say that the Clerk of the Parliaments will be resuming a further series of seminars in the autumn and I would very much encourage them to go along.