Baroness Primarolo
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House of Lords Reform (No. 2) Bill
Baroness Primarolo Excerpts(11 years, 1 month ago)
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Madam Deputy Speaker (Dawn Primarolo)
Order. I was not informed that the Opposition Front-Bench spokesman wanted to come in now. Is that the case?
Madam Deputy Speaker
Forgive me, Mr Norman. I will take the Opposition Front-Bench spokesman, then I will come straight back to you.
Madam Deputy Speaker (Dawn Primarolo)
Order. Perhaps we can refrain from discussing individual Members of the other place, or even those who might be individual Members of the other place.
Mr Nuttall
I am grateful for the helpful intervention from my hon. Friend, because I fear that I would not have got very many points for that particular question in the pub quiz.
If I may return to where I was—which was not with the Liberal Democrats—it is perhaps a little unfair to condemn all the Members of the other place as retired politicians, when only about a quarter are former Members of this House. Moreover, they are not retired politicians, because they are still taking part in the political process. That is the crucial point. They may be retired Members of the House of Commons, but it is an entirely noble—I use the word in its fullest sense—calling to be a Member of the other place and to devote one’s working life to the scrutiny of legislation, as they do so admirably.
All too often, certainly when House of Lords reform is being discussed, we look at the problem from the wrong end of the telescope. I am not making that point about this Bill, which is modest in its aims, but generally we look at the mechanics of the Lords rather than whether it is doing a good job in its primary task of scrutinising the legislation that we send to it. The answer is invariably that it is doing a good job.
The 2011 Leader’s group report suggested that it would be worth while investigating whether a modest pension or payment on retirement should be provided. The Political and Constitutional Reform Committee took evidence on that point, and the evidence of the Clerk of the Parliaments confirmed that savings could be made. I have some doubts about that, but it is a cause for concern. There is merit in the suggestion that we should have some sort of retirement procedure, whether it is called retirement or resignation—perhaps we could call it a leaving party. If that idea took off, it could mean a boost to the economy with House of Lords retirement parties, and give all hon. Members a new diary engagement at the end of each Session, as various Members of the other place retired or resigned.
We have had considerable discussion about what sort of scheme should be in place, and what use retired Members could make of the facilities. It has been suggested, for example, that the retired or resigned Members could still be entitled to make use of the facilities, and it might be worth looking at that idea. It is not an idea that I would favour, because in my view if someone has left, they have left, but it would perhaps be one way to encourage people to resign or retire.
Clause 2 relates to non-attendance and provides that if someone does not attend during a Session, the Lord Speaker can certify that they
“did not attend at any time during the Session, having regard to attendance records kept by officials of the House, and…did not have leave of absence in respect of the Session, in accordance with Standing Orders of the House.”
My concern about that provision is that it is not entirely clear what “attend” means. For example, if someone attends the building, but does not take part in proceedings on the Floor of the House, does that count as attendance?
Madam Deputy Speaker (Dawn Primarolo)
Order. I think we are straying a little. We are debating not how people get into the House of Lords but how they might leave it. Perhaps we could return to that.
Dr Coffey
Thank you, Madam Deputy Speaker—you are right. People have to get there before the Bill can even apply, but I will stray no further in response to interventions.
According to the figures available from the House of Lords Journal Office, there are 14 noble Lords who have not attended a single debate, Division or Committee during this Session and are not on the ineligible list of Lords who have a leave of absence. It is difficult to work out the numbers for previous Sessions, but I understand that the figures are between 10 and 20. Perhaps some of those noble Lords would attend more frequently if the Bill were passed, but the numbers are low enough for that not to be much of a problem.
We should make it clear that the Bill is not a step on the road to a professional second Chamber. The threshold for attendance is set deliberately low, so that we do not undermine the important strength of the other place, which is the experience and expertise of noble Lords from many walks of life. Clause 2 would end the situation whereby somebody can remain a Member of the other place and be able to vote on the most serious matters of state without setting foot in the Chamber for months, years or even decades. I understand that the Clerk of the Parliaments now writes to noble Lords who attend infrequently inviting them to take a leave of absence, so they are able to retire informally. That has led to a few more taking that route proactively, and I am sure I read today that by failing to reply to the Clerk of the Parliaments, four peers are now automatically being given a leave of absence.
Two categories of peer are not covered in the Bill, and we might need a bit of clarification—that is for my hon. Friend the Member for North Warwickshire to decide. One is noble Lords who are disqualified from attending the other place because they are members of the judiciary. They includes judges who were appointed Lords of Appeal in Ordinary under the old system prior to the establishment of the Supreme Court. They are currently disqualified from sitting, but only while working as judges. Indeed, the noble Lord Phillips of Worth Matravers has come back.
The other category of peers that is not covered—I am surprised that the other place chose this system—is those who are temporarily suspended because they have chosen to serve in another Parliament with the back-up plan of returning to the mother of Parliaments when elected democracy no longer suits them, or more likely, when the electors think they no longer suit them. If we pass the Bill, it might stimulate a practice of people resigning for good when they choose to leave the other place to serve the electorate directly.
I welcome clause 3, on the expulsion of noble Lords convicted of a serious offence. There is no doubt that it causes consternation for the membership of peers to go unchallenged despite their being sent to prison. No Member of this place or the other place should be above the law, and the view is reasonably held that we as legislators should be held to an even higher standard. The clause would make that happen.
It certainly makes sense to align the rules with those in the Commons, so that those given a sentence of a year or more should be forced to leave the Lords. In this Parliament, a Member of this House voluntary resigned before being convicted of a crime, although they were given a sentence of less than a year. Some noble Lords have been given similar sentences, and clause 1 would provide them with the opportunity to step down rather than perhaps simply not attending again. That is a common-sense, even overdue, measure that will bring the Lords into line with the long-established practices of this House and improve the reputation of Parliament as a whole.
To sum up, the Bill provides several reforming measures that are important, and indeed perhaps even necessary, because of the failures of past attempts at reform. It is important that we do what we can to enhance the reputation of Parliament. Allowing peers to resign or retire, if they wish to do so, with dignity is a common-sense move. The provisions on serious offences are also a way of enhancing the reputation and perception of Parliament. The measures relating to people who do not turn up to share the wisdom for which they were first appointed also take a sensible approach. I hope that there is consensus in the House, and that we make progress with the Bill today.