House of Lords: Appointments

Baroness Smith of Basildon Excerpts

Thursday 22nd October 2015 Lords Chamber

[Baroness Stowell of Beeston]

The noble Baroness is absolutely right to highlight the importance of all Members of your Lordships’ House conducting themselves in a way that contributes to the very serious role we all have. I know that all noble Lords in this House take their responsibilities very seriously, and all those new Peers joining us at this time are very mindful of those responsibilities—as is the Prime Minister, in terms of the role of this House in scrutinising legislation. That is something that we feel very strongly about.

[Baroness Smith of Basildon (Lab)]

My Lords, if the press reports are to be believed, the House of Commons Appointments Commission will be very busy. As the Minister knows, we have totally opposed the Government’s plans on tax credits and the noble Baroness, Lady Hollis, will be asking this House not to support government proposals until they include changes that address the concerns that have been raised across this House, including by members of her own party. As the Minister also knows, the amendment tabled by the noble Baroness, Lady Hollis, is entirely reasonable and—as confirmed by the House authorities—is in accordance with the conventions and role of our House. The Government are now threatening to either suspend your Lordships’ House or to create 150 new Conservative Peers to ensure that they never lose again. Does she consider this to be an appropriate, statesmanlike response or a gross and irresponsible overreaction, particularly since government estimates indicate the cost to the public purse will be around half a billion pounds? Would that money not be better spent on mitigating these awful cuts?

English Votes for English Laws

Baroness Smith of Basildon Excerpts

Wednesday 21st October 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I listened carefully to the noble Baroness and I have to say that I had a sense of déjà vu. I had heard a lot of the content of that speech before because it was similar to previous ones. I do not intend to raise all the constitutional arguments that I have raised before. Other noble Lords are far better qualified that I am to address such issues. Perhaps I may say that the concern of this House is not how these measures will operate in the House of Commons. A lot of the noble Baroness’s speech was devoted to how they affect how legislation is dealt with in the House of Commons. The concern expressed by your Lordships’ House is how it impacts on how we address issues and our role. I do not consider that that was addressed properly.

When the noble Baroness came to the end of her comments, she did not address the remarks made by the noble Lord, Lord Forsyth, which are of enormous concern. As she knows, any Government have a right to get their legislation through. They are unable to do so if they lose the right over their taxation powers for the UK. I suggest she comes back to that at the end of her comments because it was rather confused. She used the word “clarify” a number of times. She said that the proposal was pragmatic and proportionate, which has left me feeling rather puzzled.

The noble Baroness will recall our conversations in September just prior to the September sitting, for which this debate was originally scheduled. She made a decision to remove the debate on this issue from the September sitting and instead have a debate on the size of your Lordships’ House. We did not concur with the judgment on that but she explained that one of the reasons she did not want this debate during that sitting was because we had not yet had a response from the House of Commons to our request for a Joint Committee to look at this issue. Last Friday, I wrote to the noble Baroness—the letter was delivered to her office—to ask her whether I was right to assume that a response was now available since the debate had been rescheduled for today. I have not had a response. Neither am I aware of there having been any response from the House of Commons to your Lordships’ House on that request. I know that there is a debate tomorrow but that is not the issue. Why are we having the debate today? What has changed since September? Perhaps I can answer my own question: if we are very clear about it, the only reason we have this debate today is because tomorrow there is to be a debate in the House of Commons and the Government have tabled pages and pages of amendments to the Standing Orders to be voted on. Therefore, this convoluted and complicated measure will be voted on in the House of Commons tomorrow, without any response having been received by this House to our request for a Joint Committee.

I note what the noble Baroness said about Graham Allen’s amendment on the setting up of a Joint Committee and how that would inform this House, but that will be tomorrow. We will not have the benefit at all of knowing the view of the House of Commons on this debate. I ask her to explain why the debate was scheduled for today when we have no response from the House of Commons and it is not debating the matter until tomorrow. I do not think that her response was good enough. I presume that she talks and liaises with Chris Grayling, the Leader of the Commons. It is very unfortunate that the Government’s choice of timetable for debates in the House of Commons has not provided the opportunity before this debate to have the debate on the specific issue of whether it would have a Joint Committee with your Lordships’ House to look at the implications. Why could that not have been done before now and before our debate? It would have been very helpful for informing this debate.

As the noble Lords, Lord Butler and Lord Lisvane, have said previously, there is no urgency about these changes. That is what I do not quite understand about why there is this rush for the debate tomorrow. The changes proposed by the Government will not make any difference in this Parliament. It would have been courteous to this House, as well as for good governance, for the Government to have allowed the House of Commons a full debate at our request. That worries me because it appears that we have a Government who do not like scrutiny or challenge, which are very important in ensuring good governance and good legislation.

I would be very happy to be corrected on this and I hope that the noble Baroness can do so but I am pretty sure that the Government will be whipping their MPs to vote against a Joint Committee when this is debated tomorrow. If she can tell me otherwise, I would be very grateful. I would give way instantly to allow her to correct me on whether the Prime Minister is whipping his Members to vote against a Joint Committee with your Lordships’ House.

[Baroness Stowell of Beeston]

The noble Baroness is asking me to provide information on whipping arrangements in the other place. The point I make to the noble Baroness and to the House—I have already made it—is that I was very clear when we debated this matter in the summer that we as a Government did not support a Joint Committee to look at the constitutional implications of these measures. We felt, and still feel, that there is no perfect solution to English votes for English laws, and that it is of great importance and goes to the heart of delivering fairness within the United Kingdom. We have come forward with a set of proposals which build on the many different debates that there have been on this matter. We want to implement them and ensure that they are properly reviewed after they have been tested in real time in this Parliament. That was our position then; it remains our position now. Clearly, it is for the House of Commons to consider the message that we sent and I am pleased that an MP has tabled an amendment in order for the House of Commons to consider that issue. But it is the Government’s position that we do not support a Joint Committee.

[Baroness Smith of Basildon]

I always like to be helpful to the noble Baroness and give way when she asks, although it might have been better for her if I had not given her the opportunity on that occasion. Without being too unkind, she consistently refers to “we” and the Government. I understand that. But in this case—the proposal for the Joint Committee—the “we” in question is her role as Leader of this House. I say that in all sincerity. All I was asking was whether the Government were whipping their Members to vote against a Joint Committee, which would be very helpful to know. It was not a party-political issue when it was raised. It was raised by all parties and no parties.

[Lord Tyler (LD)]

I wonder whether this is the right moment to remind the House and the Leader of the House that what happened after she made that Statement by the Government about their lack of support for this proposal, was that this House, of which she is a servant, voted by 320 votes to 139 votes to express clear support for that mechanism. Is she now saying that she is ignoring a vote of this House?

[Baroness Smith of Basildon]

I am not quite sure that that was an intervention on this speaker. The point I want to make to the noble Baroness is that, when a Motion is passed, it is the property of this body, of which she has the great opportunity to be Leader. I think she is probably not the only person in your Lordships’ House who aspires to that.

I want to go back to this. If there had been such a debate in the House of Commons, it would have given some comfort to the noble Lord, Lord Butler, that it had been properly considered by Members of the House of Commons, even if it had been rejected. It would have given us some confidence that it had been considered and that it was their considered judgment that they did not think it necessary. If it had been rejected, the House of Lords would have been able to say, “Right, what should we do? What processes should we go through to reassure ourselves that we can properly investigate and assess whether those measures have any impact on how we operate?”. That is all that was being asked. It would have been preferable to work together, for both Houses to examine this, rather than just one House—your Lordships’ House—looking at it alone. A debate in the other place on this issue prior to today would have helped inform our deliberations and discussions this evening. Very important constitutional issues are being raised. If any constitutional issue is rushed when it is not essential or necessary to do so, every opportunity should be taken to consider it properly.

I ask the noble Baroness a very specific question: has she at any time raised the request from the House of Lords for a Joint Committee directly with the Leader of the House of Commons or the Prime Minister, either in Cabinet or in a Cabinet committee? I appreciate that it is not always straightforward and easy. As the noble Baroness indicated, she has a responsibility as a Cabinet member, as a member of the Government and as the Leader of the Government in your Lordships’ House. However, she also, as she has been reminded by noble Lords, has a role as Leader of your Lordships’ House across the parties. I appreciate that it can be difficult; every Leader has to navigate that. However, the point was made by the noble Lord, Lord Tyler, that the majority in favour of a Joint Committee was 101.

[Lord Foulkes of Cumnock]

It was 181.

[Baroness Smith of Basildon]

Sorry, it was 181. I am glad to be corrected on that. When the noble Baroness commented, she said that “some” noble Lords would have preferred a Joint Committee. More than 300 Lords wanted a Joint Committee. It was a massive majority. I do not recall another majority like that. She should have heard those voices loud and clear. All she said at the Dispatch Box today was, “We in the Government don’t think it’s a good idea”. Actually, we in the House of Lords think that it is a very good idea.

The Government are suggesting a significant and unprecedented change to Standing Orders. As a House, we should not comment on the effect of the Government’s proposed changes on the other place other than on how it affects the Government as a whole, not on how it affects debates in the other place. I know that the noble Baroness used the word “clarity”, but there is a distinct lack of clarity as to how it affects us and in what way.

I listened carefully to what the noble Baroness said when she said that Chris Grayling, as Leader of the House of Commons, has invited our Constitution Committee to, in I think her exact words, “work with” the Commons Procedure Committee to monitor the working of the new Standing Orders in the first year. What does that mean? If he wants the committees to work together, what is so wrong about having a Joint Committee to look at these issues? If she is talking about looking at how the new Standing Orders work in the first year, can she tell the House which Bills the Government expect to be affected in the first year so that the committees will have an opportunity to evaluate how they will work?

I am disappointed to say this, but this whole saga is becoming symptomatic of the Government’s approach more generally. It is not good government to rush such matters through without proper consideration. I would like to see much greater analysis of the constitutional position, as well as examination of the consequences, intended and unintended, so that any potential problems and difficulties are addressed now. As I said to her before, I would much rather know early on whether there are potential difficulties and problems so that they can be dealt with and addressed, rather than, two or three years down the line, having a constitutional crisis that nobody has thought how to address.

In raising this issue, as in others, it seems that the Government see any opposition as a threat or challenge, not as an opportunity to improve legislation or to get things right. I am convinced that the only reason why your Lordships’ House raised this is because it was concerned that the Government should make good legislation and not get into a constitutional crisis over this. All Governments have the right to get their promised legislation through Parliament. That is an absolute. However, we have seen half-baked and half-formed legislation put before this House. I understand that that happens. I was a government Minister myself; we all know that these things happen. However, my serious concern, which is relevant to this debate and to the wider operations of your Lordships’ House, is that the Government either seek to ignore what we do or overreact to the House of Lords expressing a different view and offering advice or suggestions to the Government.

On Monday evening, we had the Government briefing journalists that if this House voted against the tax credits statutory instrument then the House would be “suspended”. That is nothing short of outrageous and appalling. Parliament does not belong to the Government and the Government cannot dictate how Parliament acts, just as the House of Lords does not and should not dictate to the Government how they act. We know our role—you could say we know our place—but we have a duty and a responsibility sometimes to get the Government to think again or look at something again. There needs to be a much greater understanding of our respective roles and respect for them.

Your Lordships’ House made a simple, moderate request to the House of Commons that a Joint Committee be established to examine any possible effects of the proposed changes they are considering in the other place on the way we operate our business. That does not stop the Government proceeding with the proposals or hinder them from going ahead with them. It merely asks that we work together, in a Joint Committee, to find a way through any potential problems. What could possibly be so dangerous or difficult about that?

I have raised this simple question to the Leader of the House before in a different way: can she tell us what action she has taken to advocate and express the views of this House on this issue of how English votes for English laws affects the House of Lords? Can she tell me what response we have had, in the absence of any response to our request to the Commons so far?

[Lord Forsyth of Drumlean]

The noble Baroness made a very passionate speech, much of which I agree with, explaining the importance of maintaining the conventions between the two Houses of Parliament. Should that not extend to the convention that we do not vote on secondary legislation?

[Baroness Smith of Basildon]

If the noble Lord looks at the various documents in your Lordships’ House from the committee on conventions, he will find that there are circumstances where it is appropriate to vote on secondary legislation—not many, I grant him; it is not something that should be done easily, regularly or without great thought. This is the point I am making: these are things that we have to look at, consider and not ignore in looking at our respective roles. I can assure him that we remain signed up to the Salisbury/Addison convention, but we also look for opportunities where we should act within those conventions and the guidance we have to challenge the Government to say, “Think again, look again; you do not always get it right first time”.

--- Later in debate ---

[Baroness Smith of Basildon]

I apologise for detaining the House and to the noble Baroness for intervening—which I rarely do—but I want to make sure that I understand this for the sake of clarity. She talks about the voice of English MPs being heard, but it seems to me that this is about significantly more than that. An amendment passed by your Lordships’ House, whatever the size of the majority—such as the one on a Joint Committee which passed by 101 votes—would go to the House of Commons. It could be passed by the House of Commons, but a subset of MPs—the English MPs—would then have a veto. It is not just a voice—that would be an extra Committee stage, a discussion or a debate. This is a veto, and they would be able to say, “No we do not accept that”, even though it would have gone through the House of Lords and the entire House of Commons, and send it back to the House of Lords. So it does impact on your Lordships’ House. It is not just a case of being sent back by the whole House of Commons to be reconsidered; it is a subset of MPs who have a veto—not a voice—who send it back. It does impact on how we work, as we would be asked to reconsider something that we would not otherwise have been asked to reconsider.

[Baroness Stowell of Beeston]

The House of Commons as a whole clearly needs to consider what this House has put forward, and I am sure that we will want to know, when we are considering what comes back to us, not just what the English are saying. We will want to hear.

I come back to what I said earlier. We have come forward with a set of proposals which build on the many different forums that have considered how to implement English votes for English laws. We believe that it is a pragmatic proposal that will allow that to happen. We will review it once it has been operating; we cannot wait for ever to find a perfect solution—I am not sure that one exists—but I believe that we have come up with a clear way forward.

European Council

Baroness Smith of Basildon Excerpts

Monday 19th October 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Statement that the Prime Minister made in the other place. I suppose that we should not be too surprised that the issue that is talked about so much outside the European Council meetings was not formally debated at this Council meeting but yet again deferred until December. I certainly understand why the Prime Minister would want that, but do the Government really understand that it is not just the British public or Conservative politicians who need clarity? Even Angela Merkel, the German Chancellor, has asked for greater clarity about the Prime Minister’s intentions. The problem is that it appears that the Government do not themselves know what they are proposing. That creates greater uncertainty, and when there is such uncertainty, it allows rumours and speculation to take hold.

The issue raised in the other place but not answered was on one of those rumours, concerning the protection of those working here in the UK. Both the working time directive and the social chapter have served British workers well, and I hope that the noble Baroness can confirm from the Dispatch Box that the Government also value the rights of those in employment and that the speculation that they could be undermined or scrapped is completely and totally unfounded.

Of great interest to your Lordships’ House are the European Convention on Human Rights and the Human Rights Act. When the Labour Government signed up to that convention, they ensured that British citizens did not have to leave the UK to pursue their rights but could do so at in their home country within the UK legal system. It was bringing rights home. Can the noble Baroness clarify the Government’s position on this?

We support the right of national Parliaments to have a greater influence on EU legislation—and so the proposed red card mechanism. That was a commitment in our manifesto at the election and we stand by it.

We also support European co-operation on a wide range of issues. The Government have to understand that on so many issues, we need co-operate with European partners if we are to have any significant impact. I refer to issues such as crime and climate change, on which we had debates earlier in the year, corporate regulation, tax avoidance and, indeed, people trafficking. We have seen the result of that in the Mediterranean. Our acceptance and promotion of European co-operation in these areas strengthens our case for EU co-operation on refugees and Syria.

We have been clear: we do not support business as usual, we support reform. But we want to be part of that reform and have influence on it, not merely shouting from the sidelines with no credibility or influence. The noble Baroness may remember—her Chief Whip certainly will—debating the Government’s hokey-cokey of the opt-out, opt back in again to tackle the most serious and organised crime. We were disappointed that the Government’s approach was more about political management than about the important and serious issues at stake. If the Prime Minister is to have any success in his negotiations, he must be convincing that he has changed and believes in a Britain at the heart of Europe with serious influence within it.

The Leader of the House will be aware of the amendments tabled to allow 16 and 17 year-olds to vote in the EU referendum. I hope that she understands why we have tabled them. First, it concerns the future of these young people. A decision on a referendum is way beyond a decision for the next general election or council election; it is the most important of decisions, not just a one-term decision. We saw in Scotland that when young people, 16 and 17 year-olds, were engaged in the debate and decision-making about their future, they were fired up about the issue. It was the right thing to do then, and it is the right thing to do now.

I will not press the noble Baroness on the substance of the issue today, but will she think a bit further about what it really means to extend and engage that wider franchise? I know that the noble Baroness, Lady Anelay, spoke about it as being the same franchise as for a general election—“except”. One of those exceptions is that it has already changed to allow Members of your Lordships’ House to vote. I welcome that; I miss greatly not having a vote in a general election, so I welcome the fact that the law is being changed to allow me and your Lordships to vote in the referendum. But with the greatest respect to all of us here, most 16 and 17 year-olds will have to live with that decision a lot longer than we will. It will have a far greater impact on their lives. I find it difficult to accept that we in this House can have the vote but 16 and 17 year-olds cannot.

Over the weekend, I read yet again about the tragic deaths of children and their families when trying to find sanctuary. I worry that images of the distraught and the dying are becoming so regular that they no longer convey the absolute horror of the refugee crisis. There is a responsibility on all European nations to act in a co-ordinated way, first, to help the refugees but, secondly, to deal with the reasons why so many are fleeing and to try to resolve the conflict that is driving Syrians to leave their homeland.

We commend the Government on the level of aid that they have provided to refugee camps in Lebanon and elsewhere in the region. That is welcome and has been supported on all sides of your Lordships’ House. However—this is where the gap is—we must do more to aid those who have come to Europe. I understand that Turkey has now requested £2.2 billion to aid and support it in dealing with 2.5 million refugees who have come to the country. There was some information in the Statement, but can the noble Baroness tell us more about the negotiations regarding that request? What negotiations were there at the Council for all the countries of Europe to welcome their fair share of Syrian refugees?

Yvette Cooper, who is heading up Labour’s task force on refugees, said:

“There is chaos at borders across Europe, people are dying and children are walking miles, sleeping in the open despite the falling temperatures. It is unbelievable we are seeing scenes like this in a continent which includes four out of the top ten richest countries in the world”.

The Minister responsible for Syrian refugees was unable to provide figures to the Home Affairs Select Committee a few days ago regarding how many Syrians were accepted under the Government’s vulnerable persons relocation scheme. The question was also asked in the other place. Can the noble Baroness update the House now on how many have been accepted? Also, European Council conclusion 2(d) states that we should be,

“providing lasting prospects and adequate procedures for refugees and their families, including through access to education and jobs, until return to their country of origin is possible”.

We have an Immigration Bill going through Parliament. To ensure that we are able to comply with those words from the European Council, can the Minister confirm that, if necessary, amendments will be made to the Immigration Bill?

If the UK played a more positive role on this front, it might create good will in Europe to make headway in the forthcoming negotiations. It is right that we take firm action against the evil trade of people smuggling and I was interested in the comments in the PM’s Statement. Can the noble Baroness provide any information about the naval operation and the Royal Navy’s role? If she does not have that information to hand today, I would be happy for her to place it in the Library. And would the Prime Minister agree that the refugee crisis will not be resolved without greater efforts from all countries, and therefore look at the UN target percentage of GDP on international development? This country has taken a lead in ensuring we meet that 0.7%. I congratulate the Government on that as well, but will the Prime Minister work with us and across the House to put pressure on other EU countries as well?

The situation in Syria, which the Statement also covered, is complex and we welcome the words of the European Council that:

“The EU is fully engaged in finding a political solution to the conflict in close cooperation with the UN and the countries of the region”.

However, the Statement also recognises,

“the risk of further military escalation”.

The humanitarian crisis has seen half the population of Syria leave their homes—millions to neighbouring countries, which have borne the greatest burden—and hundreds of thousands of innocent civilians from Syria have been killed, the vast majority at the hands of Assad’s forces. Clearly, a political solution is essential and that means the world needs an answer to ISIL’s abhorrent brutality, which also threatens us here in the UK. So we need concerted action to cut off the supply of money, arms and fighters; we need a co-ordinated plan to drive back ISIL from Iraq and from Syria. The noble Baroness will be aware that if the Government were to consider working with their allies to establish safe zones within Syria, some of the millions of displaced people could return to their homes, humanitarian aid could get in, and we could stop the killing that has gone on for far too long. When I listened to the Statement in the other place, I heard the PM’s response to the request to urgently seek a new UN Security Council resolution on a comprehensive approach including action against ISIL. I thought his response was disappointing, so can the noble Baroness say whether there have been any discussions at all with the Security Council members?

Finally, with regard to Libya, the European Council conclusions state that:

“The EU reiterates its offer of substantial political and financial support to the Government of National Accord as soon as it takes office”.

Can the Minister give us any indication on the possible timescale and process for this to take place?

The Statement refers to promoting national and economic security. Will the noble Baroness agree that promoting British influence in European decision-making is also important?

House of Lords Reform

Baroness Smith of Basildon Excerpts

Tuesday 15th September 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, there is always a slight sense of déjà-vu about debates on your Lordships’ House. The number of speakers in this debate, and the fact that there are four Motions before us—including those in the names of the noble Lords, Lord Pearson and Lord Steel, and my noble friend Lord Lea—is an indication of the interest in and concern about the ever-growing membership of your Lordships’ House. As much as your Lordships’ House has to address this issue—and there was ample information and facts behind the speeches we have heard so far—I have to tell the noble Baroness that I remain disappointed that the Government have brought forward a short debate on this issue at such short notice. It has meant shelving another important debate. We did not need to have this debate today, when another debate—also of considerable importance and urgency to your Lordships’ House—on English votes for English laws was already scheduled. So is the urgency because this is a new issue of which the Government were previously unaware? Of course not. This is an issue that has been raised by Peers across this House for some time, and the Government have chosen not only to ignore the concerns raised but also to exacerbate the problem.

Indeed, the Leader of the House herself said recently that she did not think size mattered. She wrote in the Daily Telegraph of 31 August that,

“it’s not where any debate about the House of Lords should start”.

Although in some ways I agree with her, I fundamentally disagree with what she said in her speech—that the core purpose of your Lordships’ House was to complement the House of Commons. The core purpose of this Chamber—of your Lordships’ House—is not to complement the House of Commons. It is a revising, scrutinising Chamber which holds the Government to account and assists Governments in thinking again and reconsidering issues. However, that is not a reason or an excuse to step back from this issue. Neither can it ever be a solution to suggest that Members of your Lordships’ House should just not turn up so often. We take our responsibilities seriously.

However, the noble Baroness’s predecessors have taken much the same line. The noble Lord, Lord Hill, told the House that although,

“the House will sometimes be crowded on popular occasions … we should not overstate the problem”.—[Official Report, 12/12/13; col. 996.]

He also referred to the size of the House previously having been larger prior to the 1999 Act, which removed most hereditary Peers. This is extraordinarily complacent, particularly when others, from all corners of your Lordships’ House, have been warning of the looming problems. I find it even more extraordinary when the Government are planning to reduce significantly the number of elected representatives in the House of Commons and increase the number of Members of this House. How can that be right?

The House will know that on these Benches, the Liberal Democrat Benches and elsewhere across your Lordships’ House, we consider a constitutional convention the right way forward to resolve—among other things—the issue of the place of this House in our constitution. I am sure that today we will hear many colourful views on your Lordships’ House. However, I find it hard to disagree with the opening lines of the excellent report A Programme for Progress, produced by a number of my noble friends, including the now retired Lord Grenfell:

“The House of Lords needs urgent reform. The number of peers, growing fast, is too large. Its procedures creak. Its image is rendered antediluvian by flummery, and it falls short of what is required of an effective, modern second chamber”.

Your Lordships’ House is groaning at the seams. The current Prime Minister has appointed more Peers per year than any other Prime Minister on record. The excellent work of Professor Meg Russell at University College London illustrates not only that record number of appointments but that they have been more intensely party political. Mr Cameron has appointed a larger proportion of government Peers than any other Prime Minister, with fewer Cross-Benchers and fewer for the Opposition. Professor Russell also notes how Mr Cameron’s new and somewhat bizarre policy statement that appointments should reflect the most recent general election result will ensure that, year on year, your Lordships’ House will expand—and with a greater proportion of government Peers. The noble Lord, Lord Pearson, had great fun with that nonsense of a policy, but this has never been what your Lordships’ House has been about. It does not reflect our functions and responsibilities, and it is ludicrous to appoint Peers to your Lordships’ House on that kind of policy basis. Does the Prime Minister so fear the independence and wisdom of this place that he seeks to contain us by appointing more government Peers, despite their already being the largest party?

The noble Baroness is quite right to be concerned about the reputation of your Lordships’ House. The excellence of this House’s reputation rests as much on its ability to ask the Commons to think again and reconsider as it does on the expertise and wisdom of your Lordships. However, this House and the Government must also recognise that the Prime Minister’s programme of appointments threatens that reputation. Indeed, the Prime Minister, as we heard from the noble Lord, Lord Steel, said recently on a trip to Singapore that,

“it is important to make sure the House of Lords more accurately reflects the situation in the House of Commons”.

There is another part to that quote, which the noble Lord will recall as well. The Prime Minister went on to say that,

“that’s been the position with prime ministers for a very, very long time and for very good and fair reason”.

Has it? I do not recall any other Prime Minister—only the current Prime Minister and the previous Deputy Prime Minister—saying that that was the basis on which appointments to your Lordships’ House should be made. It has not been the position for a “very, very long time”. Therefore, can the noble Baroness confirm that it is truly the Prime Minister’s intention that, with each election, new appointments to your Lordships’ House should be made based on the result of that election? How does she feel that squares with the view she expressed in her article for the Daily Telegraph? If that is not the Prime Minister’s view, why has she not taken any opportunity to dispel the myth that this is common practice? If it were common practice or were to become so, as the Prime Minister seems to indicate he wants, it would seriously undermine the effectiveness and reputation of your Lordships’ House.

The noble Baroness the Leader of the House has said we need appointments to renew the House. That is true, but the current number of Peers is 131 more than the average post-1999 House with Labour in government. Alongside those additional numbers, we should welcome that the current House is more active than ever. The Lords Library Note of last December records that average attendance in your Lordships’ House as a proportion of membership rose from just over 50% about 10 or 15 years ago, to figures in the mid-60s today. This means the average daily attendance has risen from the high 300s to around 500.

The noble Baroness has the best access of anybody in your Lordships’ House to the Prime Minister. Has she discussed this with him? Does Mr Cameron recognise that if meaningful change is to be made, he cannot continue with the scale and number of his appointments? Did she ask him how his desire to,

“cut the cost of politics”,—[Official Report, Commons, 1/7/15; col. 1476.]

squared with the record number of appointments to this House at a time when he is pushing ahead with cutting the number of elected MPs? Have they discussed the idea of a constitutional convention? I hope she is able to answer those questions today.

This is an arms race that this House cannot win. Of course there must be new Peers to replenish and renew but this level of appointment and its skewed nature diminishes this House. We stand ready, as we have put on record, to look at any potential ways forward. I have told the noble Baroness, as she mentioned in her comments, that we are happy to take part in such discussions, but I have also said that there is a caveat. The Prime Minister said, in rather a strange response, that this is a matter for the House of Lords to address, as if in some way he has no responsibility and it does not concern him. Of course it concerns him. All the facts show that he must bear responsibility for the acceleration in the growth of the size of your Lordships’ House. Because he has the authority to appoint, without being curtailed other than by the Appointments Commission on very limited criteria, he can use any changes we make here to reduce the size of this House as an invitation for more political appointments.

We want to see change. We believe the House is too large and that the evidence shows that this Prime Minister’s approach to appointments is not only providing the opportunity for external criticism but sidelining serious discussion of our true purpose and value. It is hard to believe that there is not a political agenda here. Before any meaningful discussion and serious decisions can proceed, we need an assurance from the noble Baroness the Leader of the House that the Prime Minister understands the role of this House in assisting the Government in scrutinising legislation; that he recognises that the approach to new appointments he has instigated is not sustainable; and that he will not use any measures that reduce the membership of this House as an excuse to create additional skewed government appointments.

These are important issues. We want to make progress and we will be involved in discussions to reduce the size of your Lordships’ House. However, we cannot do this in isolation, without a commitment from the Government that they have also signed up to the same agenda.

--- Later in debate ---

[Lord Strathclyde]

When the noble Lord reads my words, he will see that I said that far more powerful than defeating the Government was the strength of the argument. I maintain that that was the case even when we defeated the Government when I was Leader of the Opposition.

As other noble Lords have said, what also counts is that this House should do what it is asked to do: holding the Executive to account; scrutinising and revising legislation; debating the great issues of the day and informing the Government and the people of our collective views; holding great committees of inquiry that take evidence; and thinking through the solutions to the difficult issues that face our country. The noble Baroness the Leader of the Opposition indicated that that might not be complementing the work of the House of Commons, but that is exactly what my noble friend the Leader of the House meant when she said that we should complement the Commons. I very much welcome the fact that the Leader of the Opposition is still in post. It is a great relief to us all that she was reconfirmed.

[Baroness Smith of Basildon]

I can inform the noble Lord that I am elected by the Labour Peers, and whoever is leader of the Labour Party, they have me.

[Lord Strathclyde]

My Lords, we are all very happy that that was the case.

I shall comment briefly on the various options of which there are only three. One is term limits, which the noble Lord, Lord Armstrong, mentioned. I shall have to read what he said to understand some of his nuances. Others mentioned a term of 15 years. I wonder whether someone who was in mid-career, aged 45 or 50, would really welcome doing just 15 years in the House of Lords, or say a Conservative Peer arriving in 1996 and being flung out in 2011 just as we got into government.

Secondly, age limits sound simple and fair, but as the noble Lord, Lord Steel, realised, we might lose rather more than we gain. He has therefore invented a sort of life after death: a reverse euthanasia for Peers over 80. Yet, following me, the right reverend Prelate the Bishop of Lichfield will be making his valedictory speech. Of course we would hear a lot more of those from over-80 year olds if we adopted the noble Lord’s scheme.

The third option is a straightforward reduction—say, 20% of the House—like that of the hereditary Peers in 1999. This probably has the greatest merit, but it is not without its flaws. First, it is an immensely unpleasant process: I have been through it and can attest to that. Secondly, it creates what I may call the Pearson problem: the noble Lord, Lord Pearson, is part of a smaller party, as are the Greens and the Welsh nationalists—I wish there were Scottish nationalists here as well—and I think they should be excluded from any process of reduction because there are so few of them.

I also echo what the noble and learned Lord, Lord Wallace, said: that any solution to this must recognise that we represent so many different parts of the United Kingdom and that the constitutional settlement is currently in flow. Nothing will happen unless the leaders of the parties and the Convenor of the Cross Benches can come to an agreement. I strongly urge that they work with the noble and learned Lord to see whether there is any consensus for coming forward with what I hope will be a non-legislative solution.

--- Later in debate ---

[Lord Elton (Con)]

My Lords, I start by declaring an interest. I am an excepted hereditary Peer, and the position of those such as me and my noble friend Lord Caithness is an issue when it comes to the size and composition of the House. I also declare a disinterest, given that, whatever happens, this is almost certainly my last Parliament and I think I shall do well to last until the end of it. I speak, therefore, with a certain amount of dispassion.

My noble friend the Leader of the House suggested that we were here to complement the House of Commons, and there has been a discussion about the meaning of that word. My view is that we are here to balance it as much as to complement it. One of the changes during my parliamentary life has been the change in character of the composition of the House of Commons. When I came in, it was largely composed of people who had long experience in either a trade or a profession, one to which they could count on returning. Therefore, they were independent, to a much greater extent, of government or party control—because Governments alternate between parties—than a House that is now composed much more largely of people without a trade or profession to return to and without the experience gained from that. In this House, we have a diminishing but still significant proportion of people who have professional lives outside the House—rather fewer have a trade—and who bring a relevance of experience that is sometimes lacking in the other place. The more it becomes professionalised, the less it will balance the House of Commons in that respect. I also agree with my noble friend that the more Peers are paid, the more that will happen.

That tempts me to go on to a review of the extent to which the Crown, which is now largely the Government, has retrieved from Parliament the powers that it lost when Parliament was invented. But that is another issue.

What we are facing now is a moment of both crisis and opportunity. Am I not speaking into the microphone or is there some other difficulty?

[Baroness Smith of Basildon]

My apologies. We were all slightly concerned because there was a buzz coming through the speakers. Everything is fine now.

[Lord Elton]

Thank goodness for that. There is a buzz in my hearing aid, so I know all about that. I understand that all is clear now and that I am owed another 30 seconds.

The need of the moment is to address public disquiet over Parliament as a whole. Latterly, because of the alleged conduct of a couple of Members, that disquiet has been focused on this House. We need to do something quickly. We cannot wait for a general fix of the constitution, such as my noble friend Lord Norton of Louth would advocate. We need something that does not stir up the five, six or seven hornets’ nests that were stirred up in the House of Commons when an attempt was made to fundamentally change the nature of this House in 1999.

The size of the House is one matter on which a sort of consensus is emerging. That is what the Leader of the House has, with great courtesy, picked as the focal point of this debate. A cull is obviously due, but how is it to be done and who is to do it? I agree with my noble friend Lord Hunt that it should be done by us, because we are the people who know what individuals and groupings in this House actually contribute. How it should be done was illustrated for us in 1999, by which method, as my noble friend again would advocate, the decisions on who should serve are taken within the party group. We need a method of getting that principle in place without disturbing the wasps’ nests. I suggest to your Lordships that the way is to arrive at the total we think should be the maximum for this House. It could be related to the size of the House of Commons before we know what that size is—you could either pick a number such as 500 or 600, or you could say that the number should not be greater than the number in the House of Commons at a particular date, which could change with each Parliament. The Prime Minister can then recommend as many people as he likes into the House, but periodically—every Parliament—there would be an election within the groups maintaining the proportion of their Members relative to the whole membership of the House at the end of the previous Parliament.

The electors in the groups would have to respect those proportions and, I suggest, the proportions within them of excepted hereditary Peers. To qualify, the electors would have to have served a full Parliament. You could put in a caveat of how much time they should have spent there. I remind your Lordships that it is an element of this House’s strength that we do not have to be here all the time, therefore I would not put it at a very high attendance rate. As to speaking, of course we should speak on occasion. We are called here for our judgment. Our judgment has to be expressed verbally on occasion, but it is also expressed in the voting Lobby. That is an important function, and the silent voter, provided they are not the mute voter, is not a bad thing.

I think I am into my extra 30 seconds. I am just warming to my theme, so I should give way to the next speaker.

--- Later in debate ---

[Baroness Stowell of Beeston]

I hope that, in the remarks that I am about to make before I conclude, I will be able to give the noble Baroness some more assurance. All I have tried to do in my remarks in the past few minutes is to highlight that starting with some things—if we were to start at that juncture—would mean us biting off more than we could chew. I am absolutely committed to making some progress in this area. There is the political will from me, and there have been signs of that from the Opposition and the Liberal Democrat Benches. Although the Convenor is not here this evening, I know that the same feeling is there.

We need to make progress, and I think the noble Baroness has given us a compelling example of how we can best make progress through the legislation that she so successfully achieved in the previous Parliament. We have to take steps and we have to set the direction of travel, but we have to start somewhere. We will start by coming together with the group leaders, as I have already said, soon after the Conference Recess.

[Baroness Smith of Basildon]

I apologise to the noble Baroness, as I had hoped not to have to intervene. She has rightly said that the Official Opposition are keen to have such talks to make progress. However, I asked several questions about the role and commitment of the Prime Minister and some other issues around these talks, but she has not responded to any of them. Can she please do so in writing?

Tributes: Her Majesty the Queen

Baroness Smith of Basildon Excerpts

Wednesday 9th September 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, it is a great privilege to follow the noble Baroness the Leader of the House in paying tribute to Her Majesty the Queen on becoming our longest reigning monarch. On behalf of these Benches, I convey our warmest congratulations to Her Majesty on this historic day. Sixty-three years—or 63 years, seven months and two days to be precise—would be an extraordinary length of time to hold any position. As Head of State, it is a truly remarkable record of public service.

In February 1952, when the Queen ascended to the Throne, Winston Churchill was still Prime Minister and Harry Truman was in the White House. The death of the King was traumatic and unexpected. His service to the country during the war, and that of his family, endeared them to the nation and he was held in great affection. His unexpected death at just 56 was a terrible shock and brought great sadness to the nation, as well as to his eldest daughter, the new Queen. It was only seven years since the end of the war. Many people had suffered great losses and this was the end of an era. But alongside that sadness, there was hope. This was a nation emerging from a war and it had an exciting, positive and optimistic vision for the future. It welcomed the new, young Queen as part of that vision.

During her time on the Throne, we have all seen such huge social, cultural and technological change. With Winston Churchill as Prime Minister and Clement Attlee as leader of the Opposition the country finally abandoned the identity cards used during the war, but it would be another two years before food rationing ended—although, being very British, they were able to end tea rationing. Our greatest fear was the Cold War and the Iron Curtain. London saw the end of trams and the first performance of Agatha Christie’s “The Mousetrap”. The health service was in its infancy. Only 150,000 homes had a TV, with just one channel—so no “Coronation Street”. No one had a computer or a laptop at home. The internet had not even been imagined. The first ever pop singles chart was published, with Al Martino at number one with “Here in My Heart”. The nation’s most popular food was a tin of Spam and what was to become the European Union was still called the European Coal and Steel Community. Throughout that time, through good changes and bad, Her Majesty has been a constant—a bridge from one era to another, linking our past to our present and towards our future.

Society has changed enormously in that time. The role of women has been transformed. Indeed, it would be another six years—not until 1958—before we as women were able to sit in your Lordships’ House.

People from across the globe have made Britain their home and, as a result, our culture has been enlivened and enriched. Medical science has greatly lengthened life expectancy, something for which many of us are grateful.

As the country has changed, so has Her Majesty moved with the times but there is also something permanent about her that reassures us all in what seems like an ever changing world. Perhaps this goes a long way to explain her huge and enduring popularity, not just with British people and the Commonwealth but across the world. All of us here will have seen Her Majesty at State Opening, and many of us on other occasions as well. I have always been struck by her interest in those she meets.

There is a story, possibly apocryphal but utterly believable, of the VIP about to meet the Queen at an event who was in line to greet her on her arrival. A very modern man, he made it clear to everyone who would listen, including the press, that he was not going to bow. It was outdated in this day and age: he would stand up straight and shake hands. The great day arrived. He stood in place, ramrod straight. As the Queen progressed down the line, shaking hands and having a few words with each guest, he stood there waiting for his moment. She arrived. They shook hands and she said something, but so softly that he could not hear, so he leant forward as all the camera bulbs flashed, taking the photo of him bowing to the Queen. Some time later, he was retelling the story to a colleague, which is how I heard about it, who said, “Oh dear, she got you on that one too, did she?”. I hope that it is true because it shows such dignity and a sense of fun.

I concur with the noble Baroness that it is also fitting that we reflect on the role of His Royal Highness Prince Philip the Duke of Edinburgh, who has been at Her Majesty’s side throughout her reign and has been such a support to her in undertaking her responsibilities. We are also grateful to him.

Her Majesty’s service to the country and the Commonwealth is rewarded by huge public affection and levels of popularity that any politician would give their right arm for. If any word could sum up her 63 years on the Throne, it would be this: duty. I believe that those of us who serve in Parliament understand this concept too, but for most of us, even those who reach the highest ministerial level, this duty is, by contrast to Her Majesty’s, very short-lived.

As we heard from the noble Baroness, it is relatively straightforward to work out that the Queen has been served by 12 Prime Ministers during her reign, not to mention some 26 Leaders of your Lordships’ House, or that she has seen 16 general elections come and go during those years. Much harder to calculate—the noble Baroness gave some excellent examples—is the number of red boxes she has worked her way through, the Cabinet minutes she will have read, the number of receptions and garden parties she has hosted and public engagements she has undertaken. We have heard some of those statistics, and those figures are to hand, but no one can count the number of people she has met and those whose lives she has touched. That is incalculable and invaluable.

Her Majesty did not choose to be Queen; it was thrust upon her at an unexpectedly early age. Her strong sense of duty that has been evident throughout her reign shows great respect to her country and the Commonwealth. We repay that respect today. So we congratulate Her Majesty, and thank her, and look forward to another such occasion next year as we celebrate her 90th birthday in a similar fashion.

Syria: Refugees and Counterterrorism

Baroness Smith of Basildon Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Lady for repeating the Prime Minister’s statement, which raises the most serious issues of humanity, moral obligations and national security. I would first like to ask about the refugee crisis. I think it fair to say that, until recently, many people were not even aware of the scale of the terror, the crisis and fear facing millions who have been forced to flee Syria. They are not people who want to leave their homes or their country. They are people from all walks of life, forced out in fear of their lives and those of their families. This is a defining moment for our country and for the Government.

The body of a child washed up on a beach has shocked, upset and horrified everyone, but such deaths of those abused by traffickers in seeking sanctuary is not new and has been debated in your Lordships’ House on a number of occasions. We must be strong, confident and proud in reaching out to those seeking refuge on our shores.

Among the Syrian children whom we will now take in will be the future hospital consultants at our bedsides, the entrepreneurs who will build our economy and the professors in our universities. They will also be among the strongest upholders of British values, because that has always been the story of refugees to this country, whether it was the Jewish children of the Kindertransport, including the noble Lord, Lord Dubs, or the Asian families whom I knew when I was younger, driven out of east Africa more than 20 years ago, or Sierra Leoneans fleeing a brutal civil war. The Prime Minister said last week that it would not help to take more refugees because it would not solve the problems in Syria, but that is a false choice. Helping those Jewish children was not part of our efforts to end the Second World War; helping east Asian families did not bring down the brutal dictatorships; but it was the right thing to do. It was a natural, human response.

We welcome the Prime Minister’s announcement that our country will provide sanctuary to 20,000 refugees. I appreciate that it will be over this Parliament, but can the noble Baroness reassure me on the need for urgency, because people are losing their lives today? Can I suggest that it would be helpful now to convene local authority leaders from all over the country to discuss what they are prepared for, what they are able to do to settle those refugees into their areas, and the regional and local distribution to ensure that all areas can play their part—rural as well as urban, towns as well as cities? Many local authorities have already indicated that they are keen to step forward and play their part, which is greatly to their credit. They will need reassurances on additional resources, given the level of cuts they have already faced.

The Government have said that they plan to use the international aid budget for this purpose. Why did they not just use the reserves? Ensuring that refugees can be welcomed, supported and integrated is an issue not just for local government or the Home Office but for transport, education, health, business, tourism and, as we have heard, the devolved authorities. It is an issue also for churches, community groups and so many individuals who have cried out for action from the Government. Beyond what the Prime Minister has told the other place, can the noble Baroness tell us what discussions are planned to guarantee a nationwide, cross-government strategy that will co-ordinate the efforts of those who want to help and have asked the Government to help?

We support aid to existing refugee camps. Does the noble Baroness accept that desperate conditions in those camps have contributed to far too many people risking their lives trying to bring their families to Europe, and that this reinforces the need for greater co-operation across the EU and with the United Nations?

I turn to counterterrorism, because the scale of the threat posed by ISIL is clear. We have witnessed its brutal torture and murder of British citizens abroad and the sickening attacks that it has inspired and sought to organise here at home. The security services, the Armed Forces and our police do immensely important work to try to keep us safe. It is a difficult and dangerous task, and we are grateful to them for their efforts. This is the first time that Parliament has heard of the specific operation on 21 August, when the Government authorised the targeting and killing of a British citizen in Syria, a country where our use of military force is not authorised. We understand that a meeting of senior members of the National Security Council agreed that, should the right opportunity arise, the military should take action, as the noble Baroness said in the Statement. The Prime Minister said that the action was legally justifiable under the doctrine of national self-defence because, first, the man was planning and directing armed attacks in the UK; secondly, there was no other way of stopping him; and, thirdly, the action was necessary and proportionate. The evidence on each of these points is crucial to the justification for the action. Is it significant that the Attorney-General did not authorise this specific action but confirmed that,

“there was a legal basis”,

for it? Was the Attorney-General’s advice given or confirmed in writing, and will it be published? The Statement informs us that the Defence Secretary “authorised the operation”. Why was it not the Prime Minister himself who gave the authorisation?

I want to ask the noble Baroness about the specific target of this attack, although I understand that there may be things she cannot disclose to the House. Inasmuch as she can, can she say what it was about this individual and his action that singled him out, given some of the other reports we have had? Did he represent an ongoing threat, or was the threat based on a specific act that he was plotting? Does she accept that there is a need for independent scrutiny of government action, perhaps by the CT reviewer and the Intelligence and Security Committee? Can she tell me whether they have been asked to look at this?

We are already engaged in the use of force against ISIL in Iraq. However, it is vital that the UK continue to play its part in international efforts to combat ISIL across the region. What is clear from the Statement is that, if the Prime Minister is to propose to join coalition strikes in Syria, he will return to the House of Commons for a vote on authorisation. Although your Lordships’ House will not have a vote, it may be helpful to reiterate the position as set out by the acting Labour Party leader and shadow Secretary of State for Defence on 2 July. She made it clear when she said that ISIL,

“brutalise people, they murder people, and they are horrifically oppressive”.

We will carefully consider any proposals in relation to military action in Syria that the Government bring forward, but we all need to be clear about what difference any action would make to our objective of defeating ISIL, the nature of any action and its objectives, and the legal basis. Potential action must command the support of other nations in the region, including Iraq and the coalition already taking action in Syria.

I am grateful to the noble Baroness for repeating the Statement and thank her for ensuring that there is additional time for questions from Back-Benchers today, given the level of interest in this issue. We look forward to her response.

[Lord Wallace of Tankerness (LD)]

My Lords, I also thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement on these very profound and serious issues. I also endorse what the noble Baroness the Leader of the Opposition said—we appreciate the fact that there will be an extended period for Back-Bench questions.

Probably nothing is more important than the Government’s primary responsibility of security of the realm and its citizens. The Prime Minister acknowledges that in his Statement. Clearly, we do not have the evidence, nor would it be appropriate to share that evidence publicly, and therefore we must accept the judgment of the Prime Minster in responding to perhaps one of the most serious calls that has been made on him. However, it would be interesting to know whether this is a matter that the Intelligence and Security Committee will be able to look at.

There is also reference in the Statement to the legal basis. Having worked closely as a law officer with the present Attorney-General, I know that his judgment would be made with considerable rigorous legal diligence and bringing to bear his considerable personal and professional integrity. I do not call for the publication of law officers’ advice; that is not something that, as a former officer, I would readily do. However, the noble Baroness will remember that before the House debated chemical weapon use by the Syrian regime and a possible UK government response, and before we debated last year the position on military action in Iraq against ISIL, the Government published on each occasion a statement setting out the Government’s legal position. If it is felt possible to elaborate on what was said in the Statement by a similar note, I think that we would find that very helpful.

The images of migration that we have seen on our screens and in our newspapers over recent days have certainly touched our common humanity. There has been an outpouring of the view that we must welcome refugees, and that is one that we certainly endorse. The Statement says that,

“the whole country has been deeply moved by the heart-breaking images we have seen over the past few days”.

However, will the noble Baroness the Leader of the House tell us whether any of those travelling across Europe at the moment will be accommodated in any way by what was set out in the Statement? We have heard of 20,000 refugees—said very loudly; “over five years” is probably said more sotto voce—but these are people in camps in countries bordering Syria. That is not to dismiss what is being done in that regard, and it is welcome in as far as it goes. However, what the people in this country have been crying out about are the scenes on our television screens of people walking across Europe, fleeing terror and destitution. Yet can the Minister point to one sentence in this Statement that indicates that for those people there is some glimmer of hope that the United Kingdom will be a welcome haven?

We have a common problem and it requires a common response. There are problems in the Mediterranean, on Europe’s borders and in coming across Europe and we should be promoting a common European response. The European Union system has its failings. The Dublin system is not by any stretch of the imagination perfect, but by our stand-offish stance we seem to have forfeited any real or moral authority in being able to give the lead in trying to improve or work out a more coherent European approach to this. Will the Government commit themselves to taking a more active role in co-operating with our European partners, as well as in participating in European Union efforts on relocation?

With regard to those who are coming, we welcome the steps have been taken. Many local authorities have indicated a willingness to take refugees. The Leader of the Opposition asked what would be done to bring these local authorities together, and it would be useful to know what consultations had already taken place. What consideration has been given as to whether there should be a dispersal programme or whether it is better to keep communities together for mutual support? I do not pretend that I have the answer to that, but real issues are involved. What has been done to ensure that there are interpretation services, counselling and support services for English as a second language?

We have heard about the international aid budget being used for the first year to support local authorities, but surely in a situation such as this there is something in reserve that we could use. The Statement itself refers to holding “larger sums in reserve”. Has this been taken from the overseas aid budget for future years or has a separate reserve been taken up?

The Statement says that,

“we will ensure that vulnerable children, including orphans, will be a priority”.

Just before we went into recess, there was a report about 600 young Afghans who had arrived in the United Kingdom as unaccompanied children who were deported after their 18th birthdays because their temporary leave to remain had expired. Many had already established strong roots in the communities where they were living. When we hear about the fact that we will give priority to vulnerable children including orphans, can we have some reassurance from the Government that they will not be summarily sent back after their 18th birthdays?

We will not resolve the Syrian refugee crisis unless there is a wider resolution to the Syrian problem. What steps have the Government taken to try to promote broader engagement with countries that might not at first instance appear likely to help, such as Russia and Iran, whose engagement will be necessary if we are to get a long-term lasting diplomatic settlement and tackle some of the root causes?

There is an immediate crisis on our doorstep. There are 2 million refugees in Turkey, 1.4 million in Jordan, and over 1 million in Lebanon. According to the UNHCR, there are 60 million displaced people worldwide, 46 million of whom are assisted and protected by the UNHCR. Developing countries host 86% of the world’s refugees. While we have an immediate problem, there is a much wider global problem. We have to play our part in the funding that we have given to the UNHCR but we should be trying our best to engage more countries, such as the Gulf states and the United States of America. Are we in a position to give some leadership to look to the future and tackle the global problems that will exist? We will return time and again to this issue, I suspect, because of its global nature.

The Prime Minister said earlier this week that Britain is a moral country. I believe that. I believe from what we have seen from communities and people across the country that we are a moral country, but I rather fear that this Statement falls short of a moral response.

House of Lords: Membership

Baroness Smith of Basildon Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Stowell of Beeston]

The noble Lord and I had exchanges on this matter only recently just before the Recess, when I reminded him that the Bill to which he refers did not succeed in leaving the House of Commons. In our manifesto, we made it clear that that is not a priority for this Parliament. We see it as a priority to address the size of the House, and that is where we will focus our energies

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Baroness will have heard the views expressed from across your Lordships’ House about size. I have to say that it is not enough to suggest, as she did in her recent article, that Peers should turn up less often. If we are effectively to address this matter, which we believe we should, it cannot be against a backdrop of more and more appointments. This Prime Minister has appointed more Peers per year than any other Prime Minister, with a greater proportion of Peers to the government Benches and fewer Opposition and Cross-Bench Peers. What discussions has the noble Baroness had with the Prime Minister on this issue? Did they discuss the constitutional convention? Does he recognise that if meaningful change is to be made, he cannot continue with the scale and number of his appointments?

[Baroness Stowell of Beeston]

The noble Baroness knows my party’s position on a constitutional convention. We do not feel that that is a priority at this time. For me, as Leader of the House, it is important that we are an effective Chamber and that we make a very important contribution to the legislative process. It is right to focus on attendance rather than absolute numbers because the average rate of attendance is under 500. As effective Peers, we make our contributions when our experience and expertise are relevant to the matter at hand.

Proposed Changes to the Standing Orders of the House of Commons

Baroness Smith of Basildon Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I beg to move the Motion standing in my name on the Order Paper, and I shall do so briefly.

The purpose of this Motion is to enable the House to ask for a Joint Committee of both Houses on the Government’s proposals on English votes for English laws. I should first repeat that I welcome the fact that the Government are grasping the nettle of English votes for English laws. At the same time, it seems to me undeniable that their proposals are not just procedural but raise serious constitutional issues. They give a subset of Members of the House of Commons—English or English and Welsh Members—a right of veto on legislation which Parliament would otherwise pass. It seems to me right that Scottish MPs should not have the power to determine legislation affecting only England, or England and Wales, but the Government’s proposals are not the only way of achieving that. The McKay commission and the Democracy Task Force, chaired by the right honourable Kenneth Clarke MP, both suggested simpler and, in my view, less objectionable alternatives which ought to be seriously considered by Parliament.

There are many other problems with the Government’s proposals. The noble Baroness, Lady Boothroyd, has raised her concern that they require the Speaker in another place to make determinations which will be politically controversial and, as the noble and learned Lord, Lord Judge, has said, could cause the privileges of Parliament to be challenged in the courts. Others have argued that the right way to deal with matters of this constitutional importance is by legislation, not by changes to Standing Orders in the House of Commons. That is a view which I share.

When people with experience and expertise from such a different range of perspectives as the noble Baroness, Lady Boothroyd, the noble and learned Lord, Lord Judge, and the noble Lords, Lord Norton of Louth, Lord Forsyth, Lord Lisvane and Lord Reid, all express concern about the Government’s proposals, these concerns demand serious examination. It would not be sufficient to have a debate in which concerns can be expressed but not resolved before the Government rush the proposals through in September by a vote of the majority in another place. At present, when there is both a Conservative majority in the House of Commons and a Conservative majority in England and Wales, the problem is not urgent. Surely it is more important to get the proposals right than to rush them through.

This House has great experience and expertise to contribute on this matter. The proposal for a Joint Committee of both Houses did not originate in this House. It was made by the opposition spokesman in another place. The purpose of this Motion is to enable our House to support it and to indicate our willingness to take part. I beg to move.

[Baroness Smith of Basildon (Lab)]

My Lords, I rise briefly in support of the Motion of the noble Lord, Lord Butler of Brockwell. He helpfully raised this issue last week in a QSD that he introduced, so the noble Baroness and the Government have had an opportunity to consider it.

I should be clear: we do not see this Motion as challenging the principle of what the Government are seeking to achieve—I am sure that that is not its intention. That is not our role or, as a House, our responsibility. However, it is our role as a revising and scrutinising Chamber to consider the implications of proposed changes for how we as a Parliament operate, and whether changes being proposed have any implications not just for how we do business but whether they impact negatively on our work.

House of Lords: Membership

Baroness Smith of Basildon Excerpts

Tuesday 21st July 2015 Lords Chamber

[Baroness Stowell of Beeston]

I say to my noble friend and the House as a whole what I have already said: we should take advantage of this period of stability. If proposals come forward that are workable and attract consensus, I am all ears and will listen very carefully to what noble Lords put forward.

[Baroness Smith of Basildon (Lab)]

The Leader will be aware of the speculation about the size of the list of new Peers. Unfair it may be, but the size of your Lordships’ House is often used to attack its effectiveness. If we continue to grow at the same rate in this Parliament as we did in the previous Parliament, by the time of the next election we could have more than 1,000 Peers.

The Leader has rejected a constitutional convention so may I seek common ground with her on two points? How do we promote the role of your Lordships’ House as an essential revising and scrutinising Chamber, and what is the impact of the ever-increasing numbers on our effectiveness? Will she agree to some honest, thoughtful consideration over the Summer Recess and come back in September with some thoughts on how to progress, and perhaps even look at having a Leader’s Group to look into this issue?

[Baroness Stowell of Beeston]

I do continue to consider these matters. However, while there was an increase in the number of Peers during the last Parliament, there was also a reduction. People have retired. When I was last in front of your Lordships answering questions on the topic, I said that 27 Peers had opted for retirement. Now we are up to 30 and I believe that, with those who are already committed to retirement, that will increase to 32. I will reflect very hard over the summer on a range of different things and will continue to listen very carefully to what proposals might come forward.

English Votes for English Laws

Baroness Smith of Basildon Excerpts

Thursday 16th July 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this is the debate the Government did not want. We are very grateful to the noble Lord, Lord Butler of Brockwell, for taking the initiative and providing this opportunity to try to ensure that the Government understand why there are so many concerns about how their proposals affect our work and our role in legislation.

There is widespread recognition that there is an issue to be addressed; we have put that on record previously and we have heard it today. But the Government’s proposals go way beyond the McKay report and the Hague report, so their assertion that this change has been fully debated and considered has to be dismissed. The noble Baroness the Leader of the House has been emphatic, and I quote her directly when she addressed your Lordships’ House in a previous Statement. She said, “We are not affected”. But in the same Statement, she also said that the Speaker of the House of Commons would have to certify amendments passed by your Lordships’ House. As we have heard, that creates potential for legal and constitutional difficulties. The situation is clearly more complex than the Government are suggesting. The short but substantial speeches we have heard today have expressed serious and well-founded concerns. These have been exacerbated by the Government’s initial attempts to evade appropriate parliamentary scrutiny by issuing a multi-page amendment to Standing Orders in the other place, with no debate here. That is wrong.

We will fail in our duty as a scrutinising Chamber if we fail fully to investigate the implications this legislation and these changes could have for the governance of our country. If, after hearing from the experts here today, the noble Baroness still believes that there definitely will be no impact on the work of your Lordships’ House, she has nothing to fear from an investigation by a Joint Committee of both Houses. However, I and many other noble Lords do not share her confidence on that point.

Surely it is better to interrogate this issue now and be reassured that there is no impact, or to identify and plan for any possible impact. What a dereliction of duty it would be if, in six months, a year or two years’ time, there is a constitutional difficulty the resolution of which we have given no consideration to. That is a recipe for constitutional chaos, and it reinforces calls for a constitutional convention.

We support the noble Lord, Lord Butler, and I look forward to a considered response from the noble Baroness that I hope will address the concerns raised by noble Lords. I hope she will be able to agree to the request from the noble Lord, Lord Butler, for a Joint Committee of both Houses.