Parliamentary Voting System and Constituencies Bill

Baroness Hollis of Heigham Excerpts

Wednesday 19th January 2011 Lords Chamber

[Lord Thomas of Gresford]

Of course it was deserved, because the proceedings on Monday and into Tuesday morning were an organised filibuster.

[Baroness Hollis of Heigham]

Nonsense—withdraw.

[Baroness Scotland of Asthal]

I was not talking about whatever happened on Monday night. Then, the noble Lord, Lord Trefgarne, raised his objection, which was put. A number of us thought that it should not have been. That situation was exceptional and was the first time that such a thing had happened for 20 years. To move such a Motion again today, after a 90-minute debate, was not right. The noble Lord knows that very well.

--- Later in debate ---

[Lord Addington]

My Lords, I have been in this House for well over 20 years and have seen many long debates. I have never experienced anything like what has gone on on this Bill. There has been almost a relay of speeches designed to inform you about just about anything other than about what is on the Order Paper. Somewhere there will be a pedant’s description of what a filibuster actually is, but this looks and smells like one. That is where we have got to.

[Baroness Hollis of Heigham]

My Lords, I have not taken part in the Bill, but I have been in the House for some 20 years. I was a Minister for rather a long time during that period. On behalf of the Government, I must have been responsible for taking through 12 to 15 Bills. On every Bill for which I was responsible, I expected to negotiate for two reasons. The first was the practical reason that as a Labour Party in the House of Lords we had no overall majority, and the second reason why I expected to negotiate was that time and again Lord Mackay, who was my first opposite number, and then the noble Lord, Lord Higgins, very often joined by the noble Baroness, Lady Noakes, had a better argument and better evidence to support their position than was in my brief, and I learnt from them. Therefore, the basis of negotiation was first on the grounds of not having the numbers and secondly because the Opposition had something worth while to say and very often had a more powerful case than my department could offer. That was the basis on which we negotiated on every Bill for which I was responsible.

Now, because for the first time ever there is a government Tory-led coalition majority on the Benches opposite, there seems to be a belief, which I hope is not shared by all Members opposite, that numbers count and arguments do not. I hope therefore that noble Lords will reflect that there is virtue in negotiation, not just because of numbers but because wisdom—judgment, as my noble friend said—does not belong to any one section of this House. That is why we have been so effective as a revising Chamber over the years. There is wisdom and judgment around the House, and any Government, if they are wise, listen to it, reflect upon it and, I hope, adjust their position accordingly. I hope that we never see the disgrace of the Motion moved by the noble Lord, Lord Thomas of Gresford, today to bring closure on a particular amendment and thus to cut out the possibility of the negotiation that we need to have. I ask noble Lords opposite to reflect on what happened during the past 13 years. I understand that opposition is painful, but they made a powerful impact on the Government’s programme not just by virtue of numbers but by their argument, their judgment and the experience they brought to bear. It is foolish beyond belief to think that because you have the numbers, you can dispense with that judgment now. I beg noble Lords to reconsider.

[Lord Mackay of Clashfern]

My Lords, it is with considerable difficulty that I find myself addressing this position which, as far as I am concerned, has never happened before. We have come to this position as a result of a government Bill which deals with very important matters—I am the first to concede that—which require discussion, and we have had a good deal of discussion. Yesterday, for example, there was a concise and effective debate on the amendments proposed by the opposition Front Bench. My noble and learned friend Lord Wallace of Tankerness explained that he could take the matter away for consideration but no undertaking could be given. That was what ought to have happened and the response by the noble and learned Lord, Lord Wallace, was warmly accepted by the noble and learned Lord, Lord Falconer of Thoroton. I see no reason why we should not be able to proceed in this way.

The other day the noble Lord, Lord Young of Norwood, said he had taken a Bill on the digital economy through Parliament. It was a very interesting Bill. I took part in the early more general clauses but once it became technical, it was beyond me, so I was not able to assist and had to desist from taking part. But there were 700 amendments. If these amendments had all taken the time that was taken by the first two or three amendments in this week’s Committee, he would certainly not have got his Bill through that Parliament. I am all in favour of scrutiny and I value the right we have here to raise every amendment for discussion and get a government answer to it. That is extremely valuable and I have explained it often in answer to people who ask what the function of the House of Lords is in relation to legislation. I am able to say that anyone who has a reasonable point and can get a Peer to see it as a reasonable point has an opportunity to get an answer from the Government on that particular point. It may not always be a satisfactory answer or the answer that one wants, but at least we have the right to get an answer from the Government on every point that is made.

The total number of amendments on the Marshalled List for this Bill is quite large and I would think that quite a number of them have substantial points. I have listened with care to a substantial proportion of the discussion in this Committee and I have been interested in the points made from the opposition Benches, most by people of considerable experience. I have paid particular attention to the points made by the noble Lord, Lord Wills, in relation to the possibility of improving the electoral register. However, as the time has gone on and the same amendment is still being debated, my interest has slightly waned as a result of the extraordinary amount of repetition. It is not for me to judge always, but I have a feeling that not every remark is equally relevant to the point of the amendment. Indeed, my noble friend—I think I can call him that as an exception—Lord Foulkes of Cumnock gave a very interesting speech the other day but he never mentioned the amendment that was being dealt with. I do not believe in making many interventions on these amendments because it just makes matters worse, but on this particular occasion I ventured to intervene to ask him whether he was for or against the amendment. His answer, typically generous, was, “Well, I haven’t made my mind up yet”, and he expected that I would not make my mind up, either, until I had heard the whole of the discussion.

I make no apportionment of blame as to where this has happened but there has crept into the debate an extension of discussion beyond what is reasonable if we are going to get through this Committee stage in anything like a reasonable time. For example, one of the amendments took something like three and a half hours. If you take the total number of amendments on this Marshalled List and multiply it by three and a half hours, we will be using most of this extended parliamentary Session for this Committee. Whatever one thinks about the merits of the Bill, that is really quite excessive in terms of discussion. I feel that we have got to a stage where we have lost the complete adherence to relevance and succinctness which are the advantages of this House’s procedure. The noble Lord, Lord McNally, made some reference to this the other day and was regarded as having threatened people, which I certainly do not think he did, but he mentioned the point that in the other place this had been lost. The reason we have had it for all the time that I know of, and I hope that it will continue for a very long time to come, is that we have exercised self-restraint and discipline in relation to the total number of amendments that are on the Marshalled List with a view to succeeding that the points are understood. When I have listened here, I have understood very well and quite quickly most of the points that are made from the opposition Benches, but by the time they are repeated five or six times, one begins to feel, possibly, that they have lost their impact. I am afraid that is, at least to some extent, what has been happening in the discussion.

Not everyone has the same level of patience but we have to exercise a certain amount of patience with one another. I greatly regret that we have come to the position where this closure Motion has happened on two occasions.