Social Security (Up-rating of Benefits) Bill

Baroness Stroud Excerpts

Committee stage
Tuesday 26th October 2021 Lords Chamber

Moved by

[Baroness Stroud]

9: After Clause 1, insert the following new Clause—
“The universal credit uplift
(1) Within the period of one month beginning with the day on which this Act is passed, Ministers of the Crown must make arrangements to move a motion for resolution as set out in subsection (2) to be debated, and voted on, by both Houses of Parliament.(2) The resolution is to decide whether it is desirable to reinstate the £20 uplift into Universal Credit as per the modification of the standard allowance of universal credit under the Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371).”

[Baroness Stroud (Con)]

My Lords, I should like to open with one preliminary point, which is to say that, in moving this amendment, as I do, I intend no disrespect to the clerks, for whom I have the greatest of admirations. This morning, I wrote to them to tell them that I wanted to put on record how much I respect and honour the work they do, and that any action I would take today would in no way undermine that. In fact, I could not have got here without their support and advice. Moving an inadmissible amendment is not a straightforward process. Several weeks ago, I was not even aware there was such a thing as an inadmissible amendment. However, there is a serious, genuine difference of opinion which I believe should be exposed to the view of this self-regulating House.

Accordingly, I rise to move the amendment tabled in my name and the names of my noble friend Lord Freud, and the noble Baronesses, Lady Janke and Lady Boycott, whom I thank for their support. It is with a heavy heart that I have tabled this amendment to the Social Security (Up-rating of Benefits) Bill. I do not take lightly the idea of disagreeing so fervently with my Conservative Government or of stretching parliamentary convention in an elastic way, as my noble friend Lady Evans, the Leader of the House, so delicately put it. But the removal of the £20 uplift is a grave misstep and risks undermining the levelling-up agenda, leaving behind society’s most vulnerable people and putting at risk the stability of many homes up and down the country as we enter an unpredictable winter. If this House stands for anything, it is to check and challenge the work of the Government, and this is all I am seeking to do here today.

So let us look carefully at the effect of this amendment and at what has been said about it. The amendment states:

“Within the period of one month beginning with the day on which this Act is passed, Ministers of the Crown must make arrangements to move a motion for resolution as set out in subsection (2) to be debated, and voted on, by both Houses of Parliament.”


The resolution is to decide whether it is desirable to reinstate the £20 uplift in universal credit, as per the modification of the standard allowance of universal credit under the Social Security (Coronavirus) (Further Measures) Regulations 2020. The amendment, if accepted in this place and then in the other place, would require the Government to bring forward a vote on the desirability of the reinstating of the uplift in universal credit.

Two concerns have been levelled at the amendment that I will take a moment to address. The first is on the basis of scope and the impact on admissibility, and the second on the basis that it asks the House to decide how the House of Commons should conduct its business. Let us look at these in turn.

It has been said that the amendment is inadmissible. Chapter 8 of the Companion to the Standing Orders and Guide to the Proceedings of the House of Lords states:

“The Legislation Office advises on whether an amendment is admissible and it is expected that this advice will be taken. If a member insists on tabling an amendment which the Legislation Office has advised is inadmissible, that Office writes to the Leader of the House, copying the advice to the other Leaders, the Chief Whips and the Convenor.”


That happened according to due process, and the clerks were good enough to show me exactly what both letters would look like. The Companion continues:

“The Leader of the House draws the House’s attention to the advice when the amendment is called, and asks the House to endorse the advice of the Legislation Office.”


That too duly happened. The reason for this is as stated by the Companion, that

“the admissibility of an amendment can ultimately be decided only by the House itself, there being no authority that can in advance rule an amendment out of order.”

The process through which an inadmissible amendment becomes an admissible amendment is through the decision of this House. We as Members of the House have to decide.

It will be no surprise to anyone who knows me well that this is not an issue on which I have taken action lightly. I am not a natural rebel. I have spent a lot of time looking at the previous occasion on which an inadmissible amendment became an admissible amendment, which was in 2013 when Lord Hart moved an amendment on the boundaries Bill. It is the reason why we still have 650 MPs.

I have looked carefully at the arguments that were made then. Speeches made by two ennobled former Speakers of the House of Commons helped me understand this more clearly. The first was by the noble Baroness, Lady Boothroyd, who said this at the time when Lord Hart moved an inadmissible amendment that became admissible:

“If there was any success in the Speakership of the Commons during my period of office, much of it was due to the advice and support that I received from the clerks. I have to admit that there were a couple of occasions when I overruled that advice, one of which was against convention. But I did so because I thought that it was right to provide an opportunity for debate on a contentious issue which was of public interest and of concern. The roof did not fall in.


We have no such arbitrator with authority to make a decision in your Lordships’ House but we are often reminded that we are a self-regulating House. While, of course, we must examine the advice of the Public Bill Office and the clerk, there can be no authority that can in advance rule an amendment out of order. The bottom line is that the admissibility or otherwise of an amendment ultimately can be determined only by the House itself. When I spoke last year, I suggested that the Government allow this House to determine the issue for itself and I am delighted that we have the opportunity of so doing today.”—[Official Report, 14/1/13; col. 510.]


So, first, the sky did not fall in and, secondly, the admissibility or otherwise of an amendment can be determined ultimately only by the House itself. That is what I am seeking to do today.

The second speech was by Lord Martin of Springburn, who said:

“My Lords, I, too, received advice from the clerks of the House and I valued it. At the end of the day, although I did not ignore that advice, there were occasions when I said, ‘I will go in another direction’. In effect, I did not accept 100% of what the clerks had said.”—[Official Report, 14/1/13; col. 514.]


The amendment before noble Lords, which asks that the Commons thinks again about protections for some of our most vulnerable people, does exactly what this House should do: asks the Commons to think again. We have the authority to make that decision ourselves.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

My Lords, we will have to wait until the Chancellor gets up to speak to find out what he has to say in his Statement. I thank my noble friends Lady Stroud and Lord Freud, and the noble Baronesses, Lady Janke and Lady Boycott, for their amendment. My noble friends Lady Stroud and Lord Freud were, of course, prominent architects of universal credit and noble Lords will, I am sure, join me in appreciating their depth of knowledge and strength of feeling on the issue. I know from all that has been said that others in this House share many of their concerns. I will not take time to repeat them now.

I must inform your Lordships that this amendment, if passed, would challenge the broader constitutional balance between the two Houses of Parliament. I am sure it is not the intention of noble Lords to open such a Pandora’s box, but I would be failing in my duty to your Lordships’ House if I did not clearly spell out the unintended effects.

Since the other place has already approved the Bill, I urge your Lordships not to risk its effects being negated by ping-pong between the Houses that takes us beyond the hard deadline for reprogramming the relevant DWP IT systems. This amendment deals with matters of public expenditure which are the province of the elected Chamber. It also effectively asks this House to decide how that Chamber should conduct its business, what it should debate, what it should choose to vote on and when that should be done—in this case, within one month of Royal Assent.

Taking into account all the constitutional points I have raised, I invite my noble friend to withdraw her amendment and, if she feels unable to do so, I strongly urge noble Lords not to vote in its favour.

[Baroness Stroud (Con)]

My Lords, I thank all noble Lords for their contributions this evening, particularly at this late hour. Who would have thought that such a gentle amendment on an issue so close the public’s heart could have generated quite so much debate?

I have listened carefully to the words of the Leader of the House and I commit myself to keep listening. It has been really helpful to have everybody’s feedback tonight. It is, however, as we all know, the eve of the Budget and I am still hopeful that inside No. 11 there may be ears to hear what we are saying tonight. It would cause me great sadness to divide the House on an issue on which we should all be so firmly united—the protection of the poorest in our society—and to do so under such contentious circumstances.

I will step back and beg leave to withdraw this amendment. But the care of the most vulnerable in our society is the rightful concern of this House. For if we stand for anything, it is to check and challenge the work of the Government, and that is all I am seeking to do today. I beg leave to withdraw my amendment.

Amendment 9 withdrawn.