House of Lords: Remote Participation and Hybrid Sittings

Earl Howe Excerpts

Thursday 20th May 2021 Lords Chamber

Moved by

[Earl Howe]

That this House takes note of remote participation and the hybrid sittings of the House of Lords.

Relevant document: 1st Report from the Constitution Committee

[Earl Howe (Con)]

My Lords, I beg to move the Motion standing on the Order Paper in the name of my noble friend the Lord Privy Seal. As we meet today, we are still in the grip of a global pandemic that has significantly impacted all our lives and the working of our Parliament. The first national lockdown began on 23 March 2020. Two days later, when our House adjourned early for the Easter Recess, it was far from clear to anybody how or when we would return. That we were able to return after Easter, as scheduled, on 21 April was thanks to the extraordinary efforts of the staff of the House.

[Noble Lords]

Hear, hear!

[Earl Howe (Con)]

However, it was clear from the outset that those early virtual sittings would need to serve as a stepping-stone to a more sophisticated system.

A little over a month later our hybrid House, as we now know it, was up and running, and shortly after that we started voting remotely. These changes were developed and implemented in a matter of weeks. While they have worked well in their own terms, we all knew they were never going to be perfect or a proper substitute for our normal arrangements. There have been unintended consequences and opportunity costs as well as frustrations. Nevertheless, we have continued to meet and to scrutinise, revise and pass legislation, which is our primary duty, and—albeit not in an ideal fashion—your Lordships have continued to hold the Government to account.

The hybrid House arrangements have seen us through this unprecedented time, which has included two further nationwide lockdowns and all the social distancing and shielding measures in between. Notwithstanding that, we have always perceived these measures to be a temporary fix to a temporary problem; and that is the basis on which we proposed the changes to the commission and to the Procedure and Privileges Committee.

Before we get into the debate, I want to clarify what we mean when referring to the “hybrid House”. I suggest that there should be three separate and very distinct elements to it, which are often wrongly conflated. The first element is remote participation in business that would previously have required all participating Members to be present in person. The second element is remote voting. The third element, which can be separated from the other two, consists of all the procedural changes which have been made independently of, or are not dependent on, remote participation in the Chamber or Grand Committee or remote voting. This includes things like the increased time allocated for Oral Questions each day, the taking of evidence from witnesses remotely in Select Committee meetings, and the selection of Oral Questions by ballot rather than first come, first served.

The Leader, the Chief Whip and I have always been consistent in our position on remote participation and remote voting. We believe that, once the social distancing guidance allows it, the House should return to its full physical capacity, and remote participation in the Chamber and Grand Committee should cease, as should remote voting. A parliamentarian’s place is in Parliament. This is not just a sentimental view; it is a practical view of how the innumerable interactions between Ministers, Peers, officials and staff all contribute to the way that Parliament should work. That is what Zoom, for all its technical wizardry, cannot provide.

I do not intend to go into full detail about all the practical implications of retaining remote participation or remote voting, but certain considerations are important to mention to set the context of this debate. First, keeping any remote participation in the Chamber or Grand Committee, even if only in exceptional circumstances, would have significant implications for our ability to return to the House as we knew it before and would entail continued costs of just over £90,000 a month for the extensive broadcasting team. Even if we enabled only a small number of Members to contribute in this way, the bulk of this monthly cost would still be incurred.

Secondly, we are a House of Peers. An important element of the hybrid system has been the principle of maintaining general parity of treatment between physical and remote speakers. Unless in some way or to some degree we take steps to remove that parity and introduce procedural limitations for those noble Lords who are not physically present when speaking, the consequences would be an inability to return to interaction and interventions in the Chamber for all participants equally.

Remote participation, to however limited a degree, necessarily brings with it procedural millstones: advance notice and pre-planning of speakers’ lists; allowing time for Members to sign up; allowing further time for broadcasters to organise the necessary connectivity; and retaining time limits for items of business that did not have them before. Even if no virtual speakers sign up for a particular piece of business, we would still be left with wasted time because of the need to plan the order of business in advance, just in case. Let none of us think that just having a few people taking part in our debates remotely would allow us to return to the flexibility that this House once enjoyed and took for granted.

While the matter of remote voting may be more a matter of principle than practicality, it is significant to note that since we introduced remote voting more Members are voting and Divisions are more frequent. During the 2017-19 Session, there was an average of one Division every three days. Since remote voting, we have had an average of one Division every day—a threefold increase. This has had practical implications for the timing, scheduling and progress of business.

I make a plea for the Government. With no in-built government majority in the Lords, Ministers work hard to make their case and try to win the argument to win Divisions. Is it not right that Members are here to listen and give them a fair hearing before casting their votes? That aside, with the rest of the country coming back to work physically, how could we credibly defend parliamentarians doing something different?

Our present arrangements have allowed us to carry on to the best of our abilities within unprecedented limitations. However, they have added little or no value to our pre-existing procedures. From a ministerial viewpoint, we fully appreciate that the technical constraints have made the Opposition and Back-Benchers feel that their ability to scrutinise the Government effectively has been restricted. At the same time, the Government have found their ability to progress legislation more difficult and this House’s unique self-regulating nature has been curtailed. Indeed, at times it has felt as if the House has had one hand tied behind its back.

I have heard it said that, with remote participation, our debates are a shadow of what they once were. “Sensing the mood of the House” is a phrase that is now almost devoid of meaning. There is simply no way of determining who the House wants to hear from or for how long and, without the interaction that comes with a physical House, speeches are increasingly disconnected from one another and can often be tiresomely repetitive.

It is interesting that our hybrid arrangements have not increased average daily attendance. The difference that noble Lords may have noticed is that a great many more Members than before are speaking in our main items of business. As we are all painfully aware, the result of that has been to restrict speaking times to one or two minutes. I am the first to acknowledge that that renders any attempt at healthy debate and scrutiny almost impossible. Members with genuine expertise and experience, whom the House would benefit hearing from at greater length, are crowded out. There is frustration all round.

I do not believe that I am alone in holding the view that there is immeasurable value to be gained from noble Lords participating physically in Parliament. Virtual proceedings cannot replace or adequately substitute for the interactive dynamic of the Chamber, conversations in the corridors or face-to-face engagement on important legislation and matters of the day. When voting on legislation, Members benefit immensely from being in the House to follow the debate, listening to the responses and voting among colleagues in the Division Lobbies. This communication between Back-Benchers and Ministers, Government and Opposition, friends and colleagues, is, I believe, our bread and butter and vital to the proper functioning of this House. This building is our Parliament. It is where we all belong and it does not work as it should without us being here, in person, together.

As I said at the start, at the outset of the pandemic we viewed remote participation and voting as a temporary solution to a temporary problem. This House has evolved its procedures and practices over many years and it is not in our nature to permanently alter or curtail them as a result of decisions made very rapidly out of temporary necessity. Having said all that, where smaller changes do not impact on the practicalities or principles of our traditional ways of working or our ability to participate and vote physically, we perhaps need to be more open-minded. These are the procedural changes I mentioned a moment ago as the third element of our hybrid House. I am thinking of things such as the time allocated for Oral Questions, the elimination of reading out Statements and the way in which Select Committees decide to hear from witnesses. There may well be good arguments for holding on to these changes on a long-term basis.

These should perhaps be viewed as second-order issues because we think it important for the House to return to normality before considering whether any of these sorts of procedural changes should be retained in the long term. However, if there is a genuine and thought-through demand for one or more of them, the Leader, Chief Whip and I stand ready to take forward discussions, as appropriate.

My task today has been to make the Government’s position on remote participation and the Hybrid Sittings of the House clear, which I hope I have done. However, I do need to emphasise that this is not a matter for the Government to decide upon; it is a matter for the House. The Leader, the Chief Whip and I felt it was right to facilitate the debate today, so that all noble Lords would have the opportunity to air their views. While I am sure that my noble friend Lord Cormack will speak persuasively to his amending Motion, we also believe that the main aim of this debate should be for views to be expressed, and not for binding decisions to be made. Our intention was, and is, for the views of noble Lords as expressed today to be synthesised in a careful and nuanced way to enable your Lordships’ commission to make appropriate recommendations to the House. My noble friend the Leader, alongside other members of the commission, are here to listen. I beg to move.