European Council

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Wednesday 29th June 2016 Lords Chamber

[Baroness Stowell of Beeston]

We are in a situation where, clearly, this Government campaigned for our recommendation to the British people, which was to remain in the European Union, but a majority of the British people rejected that position and decided that we should exit. This Prime Minister is working hard, between now and the point at which he is replaced, to provide as much as he can by way of factual information so that the next Prime Minister is in a strong position, as soon as possible, to outline the kind of relationship that the United Kingdom should have with the European Union. I have explained that the Article 50 process will be the formal trigger process between the United Kingdom and the European Union. As for the point at which other events will occur, once there is that clarity on the type of relationship that the next Prime Minister wishes the United Kingdom to have with the European Union—when that is presented and other contributions, whether from Parliament or anyone else, are made—I cannot say at the moment, as that will be something that the next Prime Minister has to decide.

[Lord Forsyth of Drumlean (Con)]

My Lords, could my noble friend confirm that the Prime Minister is first among equals and that we do not have a presidential system of government in this country? Could she say, on behalf of the Government, for whom she speaks in this House, that any European citizen living in Britain has a right to remain here and that right will not be in any way affected by Brexit, and that the position is not negotiable? She must be aware that many people are concerned about their position and their future and surely it is the responsibility of the leadership of this Government to make it absolutely clear that there is no question mark over that.

[Baroness Stowell of Beeston]

I will say what I have said already—which I believe is very clear, although I understand that my noble friend is seeking from me something which goes beyond what I am able to do at this time—which is that, as things stand, nothing has changed. However, I understand and very much appreciate why he and others are raising these questions. These are things which we will have to return to, and I recognise that we will have to return to them as quickly as we can.

Outcome of the EU Referendum

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Monday 27th June 2016 Lords Chamber

[Baroness Stowell of Beeston]

I am grateful to the noble Lord for his comments but I am afraid the situation we are in is very clear. The British people have made their decision, and we are not going to seek to do anything other than implement it.

[Lord Forsyth of Drumlean (Con)]

My Lords, I gently point out that this is an unelected House and that the people have spoken. Instead of identifying threats, we should cheer up and identify the huge opportunities that are now available for Britain outside the European Union. I welcome the Prime Minister’s Statement and, in particular, the express promise to work with the devolved Administrations. In meetings with the First Minister of Scotland, can it be gently pointed out to her that she campaigned across the United Kingdom on a question that was decided by the United Kingdom? There was no Scottish question on the ballot paper; it was a United Kingdom question. As such, she and everyone in the United Kingdom should now do everything they can to advance Britain’s interests and not undermine them by seeking to do side deals in Brussels, which will make it more difficult for us to get the best deal for the whole of the United Kingdom.

[Baroness Stowell of Beeston]

My noble friend is right that this decision applies to the United Kingdom as a whole. I very much note the points that he makes but, as I have already stressed, in our involvement with the devolved Parliament and Assemblies we will seek to make sure that the outcome benefits everybody in all parts of the United Kingdom. We will engage in a way that is not just constructive but very positive, because that will be in the interests of the Scottish people.

EU Referendum: Voter Registration

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 12th May 2016 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I think the House had already resolved that it was the turn of my noble friend Lord Forsyth.

[Lord Forsyth of Drumlean]

Can my noble friend confirm that there are in fact 33 countries participating in the Erasmus programme and only 28 countries in the European Union?

House of Lords Appointments Commission

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 21st April 2016 Lords Chamber

[Baroness Stowell of Beeston]

I, too, very much care about the reputation of this House and that the public maintain their confidence in it. The best way for us to assure that is in the way we make our contributions to this House’s work. It is worth making a couple of points in response to the noble Baroness’s point about size and the number of appointments. Since 2010, nearly 150 Peers have left your Lordships’ House through retirement or, sadly, having passed away. Forty-four of those have been since the general election. We have to continue to refresh and renew our membership. It is an important part of our being effective as a House. On the noble Baroness’s point about appointments by my right honourable friend the Prime Minister, 22% of the appointments he has made have been to the Labour Benches.

[Lord Forsyth of Drumlean (Con)]

My Lords, could my noble friend explain why, when the Appointments Commission considers appointments of Cross-Bench Peers, it is required to look at issues not only of propriety, but suitability—do they have the time and necessary skills—but in the case of party appointments it is allowed to look only at propriety, not suitability? Should we not amend the terms of the Appointments Commission so that, while the political parties can still put forward names, the commission finds out whether they are prepared to give the time and have the necessary skills and experience to make a contribution to this House?

[Baroness Stowell of Beeston]

It is very important that all Peers make a proper contribution to this House in a way that enables us to give the public confidence in the laws that Parliament makes. However, it is absolutely appropriate and proper that the party leaders are responsible for ensuring that those they nominate will make their contribution effectively, and that they are held to account for that. The process and service that HOLAC provides is important. When it makes recommendations, no Prime Minister, whether this one or any before him, has ever ignored that commission’s advice.

European Union: United Kingdom Renegotiation

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 4th February 2016 Lords Chamber

[Baroness Stowell of Beeston]

I agree with the noble Lord’s analysis. When we get to the campaigning stage, it will be important to help people to understand that there are most definitely alternative models, but that they come with costs and disadvantages that people will need to be aware of if those are the routes they want to pursue.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend agree that the fact that our Prime Minister has had to spend months going all round Europe to secure a minor change to our benefit legislation indicates just how far we have lost the ability to determine our own affairs, which should be at the heart of the referendum campaign? Does she agree with Sir Stephen Nickell, from the Office for Budget Responsibility, that even the plan to stop access to in-work benefits would have “limited impact”? How far does she expect that plan to enable the Government to meet their target of reducing overall immigration to the tens of thousands from a net figure of 380,000? What is the Government’s estimate of the reduction in immigration that will be achieved by that benefit change?

[Baroness Stowell of Beeston]

The first thing I would say to my noble friend is that the Prime Minister has spent several months in Europe, negotiating a new deal for Britain. Some of the changes we have already made to welfare benefits and how they apply to people coming from European Union countries do not require any involvement of the European Union, so much so that we have got on and put them in place. Since the election, any European Union citizen coming to this country and who seeks a job will not be able to claim jobseeker’s allowance. If, after six months, they have not found a job, they will be required to leave. These are two of the four commitments that the Prime Minister made in our manifesto.

The other changes covered by the draft proposal set out in the documents address the remaining issues by introducing a sense of fairness that people in this country feel is needed. They are about ensuring that people are not able to take out before they have put in. My noble friend mentioned evidence that was given by Sir Stephen Nickell of the OBR about the effect on immigration. The value of these welfare payments to an average family is about £6,000, so people coming to this country get £6,000 immediately. This is quite a strong incentive for some. While I might not be able to provide a figure from this Dispatch Box today as to how many might be affected if this were no longer available, I am sure it would affect some people.

House of Lords: Strathclyde Review

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 3rd December 2015 Lords Chamber

[Baroness Stowell of Beeston]

They did, my Lords. My noble friend is looking at them while consulting widely—both Members of the other place as well as here. When he reaches his conclusions, I am confident that we will have an opportunity to consider them carefully and decide next steps at that time.

[Lord Forsyth of Drumlean (Con)]

My Lords, does my noble friend accept that, had this House passed the secondary legislation on tax credits, it would have had the immediate force of law and prevented the Chancellor of the Exchequer abandoning his proposals in his Autumn Statement?

[Baroness Stowell of Beeston]

My noble friend raises an interesting point. It is interesting because it allows me to say two things. It demonstrates what this House did: it withheld its approval from a Motion that had already been voted on three times and decided in the other House. The key thing about the review that my noble friend is doing is not what the views of this House were but how it decided to express them and the route by which it chose to do so.

Devolution: England

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Wednesday 2nd December 2015 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, it is the turn of the Conservative Benches. I think it is worth me alerting the Labour Benches to the fact that the noble Lord, Lord Blunkett, is trying to get in as well.

[Lord Forsyth of Drumlean]

My Lords, could my noble friend explain the implications for public services in England and expenditure of the Smith commission proposals for a no-detriment principle?

Human Rights: UK Application

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Wednesday 18th November 2015 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am sorry to intervene. As you know, at Question Time we try to apply a number of principles. It is the turn of the Conservative Benches, but I think on this occasion the House is calling for the noble and learned Lord, Lord Goldsmith, so we will go to him, and then we will, I hope, have time for a Conservative.

House of Lords: Government Review

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Wednesday 28th October 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, on Monday this House withheld its approval from a financial measure—that is what happened. The measure had been approved three times by the other place. That has never happened before. Monday was a significant day for this House and the events on Monday justify the review. It is a government review about how elected Governments can secure their business when an established convention has been put in doubt. The noble Baroness made reference to a constitutional convention. What the Government have done by asking my noble friend to lead this review is to simply look at the issues arising from the events on Monday. It is limited and it is focused. My noble friend will have at his disposal a panel of experts and, as he said himself today, he will talk to other political parties. Ultimately, we are trying to ensure that elected Governments can be confident that they can secure their business, when that business has had the support of the elected other place.

[Lord Forsyth of Drumlean (Con)]

My Lords, will my noble friend ask my noble friend Lord Strathclyde to extend the scope of his review to include the procedures of the House of Commons, so that the House of Commons is properly able to scrutinise business? A particular issue is the use of the automatic guillotine, which results in large tracts of legislation coming to this House which have not even been considered by the House of Commons. This was a manifesto commitment, in the election before last, of the Conservative Party.

[Baroness Stowell of Beeston]

I would much rather that my noble friend concentrated on the very serious issue arising from the unprecedented step taken on Monday by your Lordships’ House. It is a significant issue and we need to look at it and concentrate on it. We must do so swiftly and get ourselves back on to an even keel.

Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Monday 26th October 2015 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

The leader of the Liberal party described this House as,

“a system which is rotten to the core and allows unelected, unaccountable people to think they are above the law”.

Does my noble friend think that the Liberals wish us to vote for their Motion in order to prove their leader right?

[Baroness Stowell of Beeston]

What I do know, and I really feel this sincerely, is that noble Lords take their responsibilities very seriously. We are in an unprecedented situation. We either believe in the financial primacy of the other place, as has been in place for well over 300 years, or we do not.

There is a way for this House to express its view on the policy. It would be absolutely within this House’s proper function and responsibility to do that by supporting the right reverend Prelate’s amendment should it choose to. However, if the House decides to accept any of the other amendments we will be withholding this House’s approval for something that the other place has already approved.

House of Lords: Appointments

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 22nd October 2015 Lords Chamber

[Lord Forsyth of Drumlean]

To ask Her Majesty’s Government whether they will require the appointments commission to vet political nominations to the House of Lords using the same criteria as currently applied to crossbench Peers and thus consider suitability as well as propriety.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, the House of Lords Appointments Commission was established to make recommendations for non-party peerages, using an established set of criteria, and to vet all those nominated as life Peers for propriety. It remains for the leaders of political parties to account for their nominations.

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[Lord Forsyth of Drumlean (Con)]

Why?

[Baroness Stowell of Beeston]

I like my noble friend’s style this morning. Because it is for the leaders of political parties to come forward with their own nominations, mindful of the needs of this House, and to ensure that the people they put forward will make a contribution to this House and that this House will perform its responsibilities effectively. But it is not appropriate for the House of Lords Appointments Commission to look at the suitability of those nominations. We should not underestimate the role of the House of Lords Appointments Commission in looking at propriety. One of the things it considers is past conduct of nominees and it would certainly look at whether there was anything there that might bring the House of Lords into disrepute. So its role in this matter is actually quite extensive.

English Votes for English Laws

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Wednesday 21st October 2015 Lords Chamber

[Baroness Stowell of Beeston]

Your Lordships are asking questions that I am going to cover: I can assure you that this speech will not take me long. We have all had a busy day and want to crack on. The simple answer to the noble and learned Lord is that this House will consider legislation in exactly the same way as we do now, and when the Commons considers our amendments it will send us a message. I will deal with the noble and learned Lord’s point in a moment, when I come to precisely how things are going to work.

This is the fourth time that we have debated these proposals. I do not want to go through them all again in great depth, but I will remind noble Lords of the four main stages where they bring about changes to the work of the other place. The first is the certification process, where Mr Speaker will decide whether these new provisions are engaged when a Bill reaches the House of Commons. In previous debates, some noble Lords were concerned about the burden that that might place on Mr Speaker, as well as the procedure in the Commons. In response, the proposals have been revised to allow him to draw upon the advice of two members of his Panel of Chairs, nominated for the purpose, enabling him to call on assistance where he thinks it is required.

The second significant element of these proposals is the introduction, for Bills which wholly affect England only, of an England-only Committee stage. We consider that to be a simple, effective way to strengthen the voice of English MPs in the legislative process and so that element remains unchanged.

The third is the inclusion of a new step in the legislative process—a legislative Grand Committee—for Bills affecting England, or England and Wales only, before Third Reading. This will ensure that such legislation can pass only where a majority of English, or English and Welsh, MPs agree to it. However, our revised proposals set out explicitly that although only English, or English and Welsh, MPs may vote in legislative Grand Committee proceedings on Report, all MPs will be able to speak and contribute in that Committee. Members of the other place were concerned to make it absolutely clear that that was the case and my right honourable friend the Leader of the Commons has revised the proposals to do just that.

Finally, returning to the point made by the noble and learned Lord, where our amendments are considered in the other place, and the English votes for English laws procedures are engaged, although all Members of Parliament will vote on them where they affect England, or England and Wales only, they will need the support of a double majority in the House of Commons of both the whole House and of English, or English and Welsh, MPs in order to pass. This too remains unchanged.

Under these proposals, MPs from across the United Kingdom will continue to vote at Second Reading, in most Committees, on Report and at Third Reading and when considering Lords amendments.

[Lord Forsyth of Drumlean (Con)]

My Lords, I am most grateful to my noble friend for giving way. Would the English issues which this English Grand Committee would deal with include English income tax?

[Baroness Stowell of Beeston]

That is something which we have clarified. The English votes for English laws procedures will relate to English tax measures. My noble friend asked this question last time we debated the subject. The amended procedures, which the other place will debate tomorrow, will clarify that English votes for English laws procedures will apply on taxation matters which relate only to England. The way in which MPs consider supply estimates remains unchanged: all MPs will be involved in supply estimates in the same way in the future as they do now. My noble friend rightly made the point about English taxation when we debated this last time, and the greater devolution powers that will be in place for Scotland. We have clarified this for those who quite rightly want to know that that is the case.

--- Later in debate ---

[Lord Forsyth of Drumlean]

What if a Government have to raise taxation through income tax? If we had a Labour Government who relied on Scottish MPs for their majority but did not have a majority in England, would they be unable to get their income tax proposals through the House of Commons because there would, in effect, be a veto from the English MPs? Does that not drive a coach and horses through the whole system?

[Baroness Stowell of Beeston]

What I would like to do, if my noble friend will allow me, is to finish laying out the basic provisions and propositions as they have been put forward by the Government and will be considered tomorrow. I will wind up this debate and will be absolutely clear in my closing remarks.

As well as being pragmatic and proportionate, these proposals are being introduced in a way which allows some flexibility. Should they be approved by the House of Commons tomorrow, they will be subject to a rigorous process of review to make sure they work as intended. That reflects just how much we want to get them right and how the spirit of careful consideration and reflection shown so far will continue as we move forward. That review process will not be a matter just for the House of Commons. I said before the summer—and I say again now—that these proposals are not intended to make any changes to the procedures of this House. The powers we have, and our role in the legislative process, will remain exactly the same. Yet our debates before the summer demonstrated the concerns of noble Lords, which were properly rooted in the desire to preserve the important role that this House plays in the legislative process. I see it as my duty to reflect that within the Government and that is why I am pleased to say that, after consultation with my right honourable friend the Leader of the Commons, he has invited the Constitution Committee of your Lordships’ House to feed in its views on these changes. I am pleased to hear that that committee has considered the invitation and intends to take up the opportunity. I note that my noble friend Lord Lang will speak this evening and he may want to expand on this in his contribution.

I know that some noble Lords hoped to set up a Joint Committee to examine these issues, as the noble Lord, Lord Foulkes, has highlighted. I recall that there were very strong feelings expressed in your Lordships’ House when we debated this in the summer. The House divided on the matter and that made it clear that noble Lords felt strongly about it. However, I see that an amendment has been tabled in the other place to the proposed English votes for English laws Standing Orders which proposes to agree to the Lords’ message about a Joint Committee. Whether that amendment is selected will be a matter for Mr Speaker, but the Government’s view about the Joint Committee could not be more clear. As I said during our previous debate, we were elected with a clear mandate to take forward English votes for English laws as part of a fair and balanced settlement in the United Kingdom. Just as we are getting on with devolution elsewhere, we believe that we have a clear mandate to get on with English votes for English laws as well. There will never be a perfect solution, which I said when we debated this previously. This matter has been around for a long time. It has been debated for many years and considered in many forms.

As I said in the summer, there has been a lack of political will to see progress in this area. That is no longer the case. This Government want to get on with the job that we have been elected to do. I assure noble Lords that the involvement of the Constitution Committee is a good part of the review process. It is clear that that contribution will be important to the review process taking place next year. No one will be more vigilant than me in ensuring that any potential effects of these proposals on this House will be considered when we look at that review process. I will be mindful of the responsibility on me, not just as a member of Her Majesty’s Government but also as the Leader of this House. I hope very much that I have been able to give noble Lords an opening. I will of course respond at the end of this debate with the assurance that noble Lords are looking for that we will have an opportunity to feed into the process of review in due course. I beg to move.

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[Baroness Stowell of Beeston]

My Lords, this has been a very good debate with a lot of serious contributions by serious Members of your Lordships’ House. I scheduled this debate to allow for views to be expressed before tomorrow’s debate in the other place. Normally we do not refer to individuals who are not in the Chamber and may be standing below the Bar, but the noble Lord, Lord Foulkes, highlighted that Mr Bryant had been listening to the debate. I do not know whether noble Lords noticed, but the Leader of the other place was also sat on the steps of the Throne for a good part of the debate. I know that, by coming here tonight, he was keen to hear what noble Lords had to say on this very important matter.

Many sincere views are held and many serious points have been made. In responding, I will approach the debate in two parts: I will address the substance of the proposals put forward by the Government and then come to the relationship between this House and the other place. First, I just want to say that, as much as I acknowledge the serious and sincere contributions that noble Lords have made tonight, we as the Government are also very sincere about this matter and how serious this issue is. As I have already said, but it stands up to repetition, there is currently a sense of unfairness among many people in England and a desire for that unfairness to be addressed and addressed sooner rather than later.

As we have heard acknowledged several times, this matter has been around for a long time. We have tried collectively, in different ways, to come up with an answer to the West Lothian question. As I said at the start of the debate, I am not sure that there is a perfect solution and answer to that question. We feel, having been clear in our manifesto that this is something we will address and get on with addressing, that our approach in amending Standing Orders in another place and allowing for a review in a year’s time allows us to do so in a way that addresses the important substance of the matter, but also means that we can start to look at it in practice, not just in theory. The noble and learned Lord, Lord Hope, asked why we are not using primary legislation, and that is one of the reasons why we are not doing so at this time. However, we think that one of the things that we should look at when this is reviewed is whether primary legislation should be used. One of the benefits of addressing this matter by amending Standing Orders rather than through legislation—this has not been raised tonight, but was in earlier debates on this, I think by the noble Lord, Lord Lisvane—is that parliamentary privilege is protected.

I will move on to the substance of the proposals put forward by the Government, starting with the points raised on the role of the Speaker. The noble Lord, Lord Reid, my noble friend Lord Forsyth and others questioned whether the Speaker would be put in a very difficult position in terms of the responsibility added to his role in the other place. I argue that the Speaker is already required to take some often complex decisions and apply a judgment in a political environment and in difficult situations. Our revised proposals—we have adapted them since the summer, having listened to points made by Members of this House and the other place—give the Speaker discretion over whether to provide reasons for his certification. The judgment is his to make.

On the addition that the Speaker can consult members of the Panel of Chairs, these are not random Back-Benchers. They are Members who can already advise him on things such as money Bills. These are Members of the other place who already exist for a specific purpose. They would offer that advice and additional advice should the Speaker need it in this context.

My noble friend Lord Forsyth raised questions on spending and taxation matters, as did other noble Lords. I shall run through some of the specific issues in this regard. As I have already said, all MPs will be able to vote on all legislation, the Budget and supply estimates. MPs from across the House will continue to make all legislation together. The process for deciding the level of the block grants awarded to the devolved Assemblies will remain unchanged. All UK MPs will continue to vote on the Budget and all aspects of income tax but, additionally, English MPs will be able to approve changes to some taxes in the future. That is the same as for MSPs, who will have the final say on the relevant income tax after the Smith agreement has been implemented.

The noble Lord, Lord Butler, and the noble—

[Lord Forsyth of Drumlean]

I am sorry to interrupt my noble friend, but will she deal with the following point? If English MPs are going to vote on English tax, and if they decide to reduce income tax, that will have implications for the block grant because, if they reduce income tax, less money will be available for the programmes; and the Barnett formula, which the Government wish to retain, would mean that they would get a proportion of that. So it is not true to say that decisions taken by English MPs on English tax have no effect on Scottish MPs’ constituents, or, indeed, on the decisions which the Scottish Parliament would then have to take. So how will that be resolved?

[Baroness Stowell of Beeston]

The process for deciding the block grant remains unchanged. All Members of the other House will continue to have the same powers as they have now in deciding that matter.

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[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.

[Lord Forsyth of Drumlean]

I promise my noble friend that this is my last intervention. It is on this point and the point made earlier by the noble and learned Lord, Lord Hope. I am not a lawyer, but it seems to me a serious point that if a matter has been passed without the support of both Houses of Parliament, where one part of Parliament has created whatever outcome it is, it loses the protection of sovereignty and is open to legal challenge. Can my noble friend deal with that point?

[Baroness Stowell of Beeston]

I just do not accept that argument. The House of Commons will consider our amendments. If we have decided to make amendments that affect only a certain group of constituencies, the English MPs, it will be for them to be able to send them back to us. The key thing which addresses the sovereignty point is that, in the end, both Houses have to agree. We will keep ping-ponging until we reach agreement.

Please let me make some progress, because I think that noble Lords want me to move on. On the issue of a Joint Committee, I fully accept and understand that when this matter was debated earlier, in the summer, this House was absolutely clear in its view that it wanted a Joint Committee of both Houses to look at the constitutional implications of English votes for English laws. As has been highlighted, I am the Leader of the House as a whole as well as the leader of the party in government and a member of the Government. I assure noble Lords that of course I made it clear that that was a firm view, resoundingly expressed by your Lordships’ House but, as I said earlier, and as I said when we debated this matter a couple of months ago, the Government are clear in their view about not wanting to delay the implementation of English votes for English laws.

My right honourable friend Chris Grayling has replied by approaching the Constitution Committee, as was outlined. Several committees in another place have been looking at the Government’s proposals: the Procedure Committee, the Public Affairs and Constitution Committee, and the Scottish Affairs Committee. The Government do not feel it necessary to create yet another committee to examine the matter, but I am grateful that the chairman of the Constitution Committee in your Lordships’ House, my noble friend Lord Lang, and his colleagues, have agreed to consider what the constitutional implications of the proposals may be and to feed in to the review to which I referred. I am grateful to my noble friend for what he said this evening about that work.

House of Lords Reform

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Tuesday 15th September 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am very grateful to all noble Lords who have spoken this evening and for the contributions they have made. I will certainly try to do justice in responding to the debate. I echo something that the noble Lord, Lord Hunt, has just said. Like him, I am very proud to be a Member of this House, and I am even prouder to be the Leader of this House. I know that that pride is very much echoed around this Chamber by the way in which everybody has made their contribution tonight.

I said at the outset that our discussions should be about our core purpose, but the way in which the noble Baroness the Leader of the Opposition responded calls for me to be even clearer about what I mean when I talk about purpose. The noble Lord, Lord Greaves, is absolutely right: all of us understand that we are here to scrutinise legislation and to participate in debates about public policy. We do that by holding the Government to account and by complementing the work of the House of Commons. We scrutinise and they, in the end, have the final say. The key thing for me about purpose is not so much what we do but why we do it. I said at the start of my remarks today that this is about how we can best give the public confidence in the laws that Parliament makes. For me that is why we are here. That is why we do all this scrutiny. At the end of it all, that is what we are trying to do: to give the public confidence in what Parliament ultimately decides. It is that clarity of purpose—giving the public confidence—that I feel should very much drive our considerations, whether it is, as I said earlier, about when we attend, how we contribute, when we retire or, indeed, about issues that we have been discussing tonight, such as the size of the House. I think that that has been reflected very much in the debate tonight.

I also pay tribute to the right reverend Prelate the Bishop of Lichfield on his valedictory speech. We all thank him for his contribution and wish him a successful retirement and certainly look forward to welcoming the new women bishops later this year.

Unsurprisingly, a range of views have been expressed this evening. I am glad to hear support from all Benches for making progress on this important issue. In trying to respond, I might start by picking up on some of the remarks that have been made about the Prime Minister and appointments to your Lordships’ House. The noble Baroness, Lady Taylor of Bolton, asked me a specific question, as did others. I should be absolutely clear that the Prime Minister and this Government are not seeking to create a majority in your Lordships’ House. We are not seeking to do that whatever. Some noble Lords referred to the comments that my right honourable friend made about party balance. On that, there has been some misunderstanding of what he was trying to say. He was certainly not suggesting that he was seeking any kind of formal arrangement to reflect the general election results. As the noble Lord, Lord Hunt, acknowledged, we are not in coalition now. This is a Conservative Government and our Conservative manifesto was clear about our intention with regard to the House of Lords. It is worth bearing in mind that when the Prime Minister referred to party balance—noble Lords should believe me; I am not seeking to make any political point—he was reflecting on the fact that the Conservative Party won the last general election, and, as has been customary in recent years, that is something for Prime Ministers to be very much mindful of when they are thinking about their own legislative programme.

My noble friend Lord Strathclyde and the noble Lord, Lord Hunt, had an exchange earlier. The noble Lord referred to the Conservative Party in opposition and its success in defeating the then Labour Government. Noble Lords might be interested to know that during the last Labour Government—and indeed historically over decades—the average rate of government defeats, certainly in the 2005-10 Parliament, was running at about 33%. In the period since the general election this year until the Summer Recess, the defeats suffered by the Government have run at about 60%. There is therefore a distinct difference at the moment in those rates of defeat.

I share other views expressed by noble Lords in this debate that the issue of government defeats in this House is not the only important thing. It is also important to note that the Government listen to the arguments and debates and respond constructively to the legitimate work that this House does in scrutinising legislation and coming forward with amendments. That is what this Government intend to do. During the last Parliament, 21,000 amendments were tabled in your Lordships’ House, 6,000 of which were accepted in legislation by way of either government amendment or other amendments that we accepted. We therefore very much recognise the role of this House and that it is important that it is effective and in a strong position to do its important work.

As has been mentioned, the Prime Minister feels that it is right and understandable that this House would like to address the issue of its size. He feels it is right that we as a House should come forward with our own proposals for change because that is a tried and tested method. After the 2012 Bill failed to proceed out of the House of Commons in the last Parliament, it was measures drawn up in this House by Private Member’s Bills that were successful. Those incremental steps—whether it was the Bill originally in the name of the noble Lord, Lord Steel, or the Bill in the name of the noble Baroness, Lady Hayman—were measures to address important matters that came out of this House and, with government support, succeeded in becoming Acts of Parliament. I therefore absolutely reject any idea that this Government have some kind of hidden agenda for the future of this House. What we and I want to do is ensure that I, as Leader of the House, along with my government colleagues, support the House in making the changes that we feel are right in order for us to be effective in the important work that we do.

Let me respond to some of the specific points that have been made about appointments. Some noble Lords have argued—most sincerely; I recognise that—for what I might describe as giant leaps that I fear may be overambitious as a starting point. Examples are: starting to look at criteria for appointments to your Lordships’ House; setting formulas for its composition; and introducing a cap or conditions on the way in which the Prime Minister is able to make appointments. As I have already said, progress will be made through incremental reforms, and our recent experience bears that out. We have a lot of work to look at already, whether the work done in the past by groups chaired by my noble friends Lord Hunt and Lord Wakeham or the work of other groups currently looking at these issues.

Reference was made to putting the House of Lords Appointments Commission on a statutory footing. Again, I feel that that is a big step at this time and certainly one that I consider overambitious. However, I am pleased that the noble Lord, Lord Kakkar, contributed to today’s debate. It is important that we recognise that the commission does exemplary work in scrutinising the probity of appointments to your Lordships’ House, and there has never been a Prime Minister who has ignored the very important advice it puts forward.

We need annual appointments to this House. They are an important way of our refreshing ourselves and ensuring that we have modern and relevant expertise alongside the wealth of experience that sits on your Lordships’ Benches.

I do not want to get into a long discussion about special advisers, but so many comments have been made that it is important that I at least make a couple of points. On the guidance and advice for special advisers, the practice followed is that followed by the previous Labour Government in the appointments that they made of special advisers. However, most importantly, I think we need to be careful that we do not attack people before they have had a chance to make decisions about their own career and future. These people have not yet been introduced. Very few of us make our maiden speech within days or weeks of arriving; there is usually a bit of a lag. We do not know yet what decisions some of these people are going to make. Let us give people a chance to reflect on their contribution before we rush to judge them.

[Lord Forsyth of Drumlean (Con)]

As my noble friend knows, I raised the issue of the special advisers who had been appointed on the basis that they would be able to come here but only to vote and not to speak. It was not a personal attack on the individuals or their decisions; it was on the question as to whether or not it is right to appoint people to this House with a condition that they are not able to speak. That could be seen as the Government simply using people as lobby fodder.

[Baroness Stowell of Beeston]

I have addressed that point in the remarks that I have just made. I am going to move on from appointments to what was said about addressing the size of this House and our membership.

Several noble Lords suggested a preferred number for the membership of this House. At this stage, I do not want to get distracted by talking about a specific target. What is most important is the effective ways for us to proceed. I have acknowledged, and am very serious about the fact, that we need to make progress in this area and address the size of the House. At the moment, I want to ensure that we proceed with a process that will achieve some improvement in this area without fixating, right now, on a specific end target.

On some of the ways forward proposed today, the noble Lord, Lord Steel, led us by referring to some specific limits. He mentioned age, with some exceptions around that. Several noble Lords expressed support for that measure, but perhaps others expressed some concerns. There was support also for specific term limits; others again expressed some concerns. As time is tight, I shall not go through and name-check everybody who was for or against. What I will do after this debate is study carefully all the arguments that have been made. As I said earlier, this area attracts some serious consideration.

Another idea, put forward by the noble and learned Lord, Lord Wallace, and referenced as well by the noble Baroness, Lady Hayman, was that we might take a more mathematical approach to slimming down the House, with each group leader agreeing a set proportion from their number to leave the House by either election or another means of their choosing. That could certainly merit further thought as we proceed if it is something that all parties support, and especially if it can be disentangled from some of the other measures which I might describe as adding to the complexity of this kind of arrangement—or, to quote my noble friend Lord Elton, unnecessarily stirring up a hornets’ nest.

I note that my noble friend Lord Strathclyde suggested that if we were to look at that kind of approach the small parties should be exempt from such a process. I noted as well the exchange between my noble friend Lord Ridley and the noble Lord, Lord Pearson of Rannoch, in specific regard to UKIP.

Such an approach, as has been already acknowledged, is not dissimilar to that followed by the hereditary Peers when it was decided to reduce their number. I take this opportunity to pay tribute to the hereditary Peers who are Members of your Lordships’ House. They make a very important contribution to our work. Any idea of removing the hereditary by-elections is a fundamental question about our composition which should be considered in the round as part of a wider approach to reform.

As to encouraging more Members to retire and the progress that we have made there, I pay tribute to the Lord Speaker. It has been rightly acknowledged that she has done a lot in a very sensitive fashion to encourage retirement. It is right that retirement becomes a fundamental part of our culture, because it should be recognised as a decision of public service when noble Lords feel that the right decision for them is to retire, when they can no longer contribute in the way they feel the public have a right to expect. I agree with my noble friend Lord Naseby that retirement is working. Thirty-five noble Lords will have retired very soon if we include those two noble Lords listed as having given their notice.

Other noble Lords put forward different ideas. The noble Lord, Lord Low, referred to attendance limits. The noble Lords, Lord Stone of Blackheath and Lord Desai, and others talked about withdrawing allowances as a way forward. They are all interesting ideas. I should be explicit that I categorically cannot support the idea of the noble Lord, Lord Lee of Trafford, that there should be some financial incentive from the public purse for noble Lords to leave your Lordships’ House.

My noble friend Lord Caithness raised some important points that contribute to our effectiveness and the perceptions that people have of us. My noble friend Lord Astor reinforced the importance of the Salisbury/Addison convention, which is so important to maintaining our legitimacy as an unelected House. I was very pleased to hear the noble Lord, Lord Paddick, state that the Liberal Democrats now respect the Salisbury/Addison convention. That is good news indeed.

I will not get into the detail of some of the ways in which our function as a House is affected by size, except to say that I agree with my noble friend Lord Strathclyde and others who made the point that, as we are right now, we are doing a good job. We often do ourselves down about how we are operating. Although I will not rattle through the various statistics, contrary to what some people say—certainly my noble friend Lord Attlee—if we look at 2013-14, when average attendance was at its largest, our average speaking time in Questions for Short Debate was seven minutes and more than 10 minutes in balloted debates. So it is not quite always as people would have us believe.

Although I say that, I was also pleased to hear the noble Baroness, Lady Hayman, acknowledge that she agreed with my sentiments, expressed when opening the debate, that the gap between the headline figures in terms of our size versus our average attendance is muddying the public understanding about our work. That is important.

House of Lords: Membership

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Monday 7th September 2015 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

Will my noble friend clarify the position in respect of the appointments of new Peers who are also special advisers to the Government and, in particular, whether it is correct that they will be appointed to this place but not able to speak? That surely would make a nonsense of the importance of the role played by Peers on both sides of the House.

[Baroness Stowell of Beeston]

There is a convention that if a new Peer is a special adviser, they will be able to participate in the Division Lobbies but not contribute to debates. We do not necessarily know what decisions those individual special advisers will make as far as when they will make changes that will allow them to make a contribution, such as the most recent special adviser to join your Lordships’ House, my noble friend Lady Helic, who I am sure all noble Lords will feel has been a very welcome addition to our ranks.

English Votes for English Laws

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 16th July 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am very grateful to the noble Lord, Lord Butler, for tabling his Topical QSD and for the debate this afternoon. It has been a typically thoughtful debate on the Government’s proposals for English votes for English laws. The contributions made have shown the depth of expertise in this House on constitutional matters. I will say something in a moment about more time for debating this matter, because it is an issue I have been reflecting on since I repeated the Statement last week. Before I do so and respond to some of the specific issues that have been raised, let me remind the House of the Government’s proposal to address this important issue of English votes for English laws.

We sincerely believe that the proposal is sensible and pragmatic. Importantly, it builds on the views of the many different and important groups who have discussed and debated this matter over many years. Each time the different groups have come together and examined this important issue, we have tried to learn and to keep refining further. We propose that where a measure affects England, or England and Wales only, it cannot proceed without the consent of both the House of Commons as a whole and English, or English and Welsh, MPs. Neither side can push through a change without the agreement of the other. This gives a strong voice for English and Welsh MPs, while protecting the fundamental rights and responsibilities of all MPs in the House of Commons.

In answer to the noble Lord, Lord Butler, who referred to my answer to him when I repeated the Statement last week, English MPs cannot overrule the whole House and the whole House cannot overrule English MPs; neither side can force something through without the consent of the other. That is a very important aspect of our proposals.

The Government’s proposals seek to make these changes while keeping the process as close as possible to the existing procedures in the House of Commons. MPs from across the United Kingdom will continue to vote at Second Reading, in most Committees, on Report, at Third Reading and when considering Lords amendments. In response to the question about the Barnett formula, asked by my noble friend Lord Forsyth and the noble Lord, Lord Haskel, we have clarified the draft Standing Orders to make it plain that Members from across the United Kingdom will approve spending plans which set out the level of funding for the devolved Administrations. On the point my noble friend Lord Forsyth made about Finance Bills, it is worth clearly acknowledging that most taxes are rightly UK-wide, so the Finance Bill will be voted on by the whole House. Any taxes that are devolved in Scotland will be subject to the consent of MPs from England, Wales and Northern Ireland, as well as the whole House. By doing this, we set out a balanced way to deliver fairness within the union. The noble Lord—

[Lord Forsyth of Drumlean]

On the income tax point, can my noble friend not see that a large proportion of the Government’s revenue coming from income tax on earned income will be subject to a veto by English, Welsh and Irish MPs? Therefore, a Government would not be able to get its means of supply unless it had a majority in part of the House of Commons. That is a huge change, which has been added at the last minute as an afterthought.

[Baroness Stowell of Beeston]

No, it has not been added as a last-minute afterthought. What is made clear in the proposals that have been brought forward and published this week is a clarification of what was originally intended.

The noble Lord, Lord Butler, the noble Baroness, Lady Boothroyd, and others asked why we have not brought measures forward on a statutory footing. Standing Orders are the usual means by which procedural changes are made in the other place. But my right honourable friend the Leader of the House of Commons has confirmed that we will review the way forward in 12 months’ time, once the first Bills subject to the new procedures have reached Royal Assent. We have not ruled out legislation being considered at that point. I note the comment from the noble Lord, Lord Lisvane, that legislation would risk bringing the courts into Parliament. That is something we clearly wish to avoid. But more importantly, by approaching these modest changes in a modest way, via Standing Orders, we will allow them to be tested properly, in real time, with legislation. As my right honourable friend the Leader of the Commons said, we will put them to review in a year’s time, reviewing them properly then.

The noble Baroness, Lady Boothroyd, raised some questions about the role of the Speaker, as did the noble and learned Lord, Lord Wallace. Clearly the noble Baroness knows far more about what is involved in being the Speaker of the other place than I would ever dare to consider. It is, as she will know, the responsibility of the Speaker to make impartial judgments in a political environment. We believe that giving the responsibility to the Speaker to certify the legislation that the Government bring forward is more appropriate than inviting the Government or the usual channels to do so. That is a much more appropriate way forward.

As to the complexity of the decisions that will have to be made on the extent of the Bills, the noble and learned Lord, Lord Wallace, is right: these are sometimes technical decisions but we make our existing processes work when it is necessary for decisions to be made on legislative consent Motions, and I am confident that the same can apply in this case.

As I said when I repeated the Statement last week, it is important to acknowledge that while we are clearly interested in English votes for English laws, the changes that are being brought about apply only to the other place. Our role as a revising Chamber, the part we play and the powers available to us remain just as they are now and our procedures do not change. Noble Lords have suggested that none the less there could be implications in practice for this House. That is something in which I, along with all noble Lords, will take a very strong interest as these changes are rolled out in the House of Commons, and if any issues were to emerge, I would consider it very properly my responsibility to ensure that we have an opportunity to contribute to the review process that has been promised in a year’s time. But we must be careful, as I say, to respect the right of the other place to consider its procedures, in the same way as we would expect it to do when we consider our own.

All that said, of course I appreciate the strong desire among noble Lords for a debate here to inform proceedings in the other place at this early stage. I can just hear some noble Lords making those comments from a sedentary position. As I say, I have been reflecting on this and I think that it is right that we provide some additional time. My noble friend the Chief Whip and I have been looking at this and I propose to arrange a further debate after the Summer Recess in September, in government time and without a time limit, because I recognise that time has been tight today. While I urge noble Lords to keep in mind that ultimately these are matters for decisions in another place in so far as they affect its procedures, I am happy none the less to ensure that we provide that time for a debate so that we can contribute in the way that I feel is most appropriate.

House of Lords: Appointments

Debate between Baroness Stowell of Beeston and Lord Forsyth of Drumlean

Thursday 25th June 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, I certainly understand the point that the noble Lord makes in his Question, and his view is shared by many noble Lords around the House. I shall make two points in response. If and when a Dissolution Honours List marking the end of the previous Parliament is published, it would be surprising if it did not reflect the fact that there were two parties in government. More importantly, the message I want to direct to all noble Lords is that, regardless of party balance, this House has a very important role in the legislative process, and in doing our work, this House is not, and should not become, an alternative platform for party politics.

[Lord Forsyth of Drumlean (Con)]

My Lords, can my noble friend confirm that, had the coalition agreement proposal on appointments to this House—which was that it should be proportionate to the result of the previous election—been carried out, the number of Liberal Democrat Peers in this House should be 42? Has she had applications for retirement from 60 Liberal Peers?