House of Lords Reform Bill

Lord Cormack Excerpts
Wednesday 27th June 2012

(12 years, 6 months ago)

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Lord Strathclyde Portrait Lord Strathclyde
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My Lords, I have every sympathy with what the noble and learned Lord says because I am one of many who voted against the constitutional vandalism of tearing out the Law Lords from this House five or six years ago. However, it is a bit like toothpaste; you cannot put it back into the tube. I think we miss the Law Lords and I think they probably miss us, which is why the noble and learned Lord is suggesting that we should find a way back. I have to tell the noble and learned Lord that there is no guarantee that they would be appointed by the Appointments Commission. However, I do not believe that because they are old they are of no further use to Parliament and to the nation, and after 2015 it may be that particularly eminent Law Lords will still be appointed.

Lord Cormack Portrait Lord Cormack
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My Lords, my noble friend has repeatedly told the House that at the last general election all parties had some form of commitment to election of this House in their manifestos—they were markedly different, I would remind him. That being the case, no elector in this country had the opportunity of expressing concern on this issue. How, therefore, in all logic can someone who prides himself on his democratic credentials—namely, Mr Clegg—possibly argue against the validity and fairness of a referendum on this very important constitutional subject?

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, my right honourable friend the Deputy Prime Minister is really not at all convinced that there is a strong case for a referendum on this matter. Earlier, I said that the cost of a referendum would be around £80 million. At a time of economic austerity, this seems—

House of Lords: Reform

Lord Cormack Excerpts
Thursday 21st June 2012

(12 years, 6 months ago)

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Lord Tyler Portrait Lord Tyler
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My Lords—

Lord Cormack Portrait Lord Cormack
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My Lords—

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
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I think that we will hear from my noble friend Lord Tyler—and noble Lords should have a look at the third Question that we are coming to.

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None Portrait Noble Lords
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Cormack!

Lord Cormack Portrait Lord Cormack
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My Lords, I am grateful for that support. Does my noble friend accept that the present House is cost-effective, and does he deplore the indiscriminate attacks on the bishops? We appreciate their presence, believe that they perform valuable duties, and we do not expect them to sleep on the embankment.

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, I entirely agree with my noble friend. Bishops are eligible for the daily allowance and all the travel allowances, like any other Peer. I think that the House regards the bishops as providing very good value.

Queen’s Speech

Lord Cormack Excerpts
Thursday 10th May 2012

(12 years, 8 months ago)

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Lord Strathclyde Portrait The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
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My Lords, I am very pleased to be able to open the days of debate ahead on the humble Address. I spoke yesterday on a Motion to adjourn the House, and I said then that I would be speaking today to put some flesh on the bones of some of the constitutional announcements made in the gracious Speech.

We have agreed through the usual channels that for today and Monday the principal topic for debate will be constitutional affairs. I know that this is a subject which the House takes very seriously and is in many respects uniquely placed to comment on. I am pleased to see so many speakers signed up for this debate and I know that we will benefit from the expertise available in this Chamber.

We are an outward-looking and inclusive nation, and we adapt inevitably to the world changing around us. That is why the Prime Minister announced last year that we will reform the rules governing royal succession. With the agreement of 15 other Commonwealth realms of which Her Majesty is also head of state, we will bring forward proposals to ensure that a daughter will be treated the same as a son in the line of succession. Once we have agreed the way forward, we will bring forward legislation when parliamentary time allows. The detail is of course still the subject of discussions, but agreement in principle to take forward these changes has already been secured at the very highest level, as the Prime Minister and other Commonwealth Heads of Government made clear in Perth last year.

The Government will also bring forward legislation to tackle electoral fraud, by introducing individual electoral registration requiring electors to register individually rather than by household. In doing so, individuals will have to provide information to verify their application. This will update our electoral registration system, making it easier and more convenient for people to register to vote. New methods of registration, such as online registration, will also be looked at and our aim is to tackle electoral fraud, increase the number of people registered to vote and improve the integrity of the register. By 2015, every individual’s entry on the register will have been verified.

I am of course aware that the most significant change to our constitutional arrangements which was announced in the gracious Speech, and perhaps that of most interest to many speakers today, is the proposal to change the composition of this House. I know from a most useful and meticulous debate last week that noble Lords are fully appraised of the contents of the draft House of Lords reform Bill and the Joint Committee’s report on that Bill, and indeed the alternative report on it. In summary, the draft Bill proposed to change the way in which people come to this House. Nearly all are currently recommended by leaders of political parties. The Bill would change this so that most Members of the House of Lords would be elected directly by the people. In doing this, the Bill would bring democratic legitimacy to the reformed House of Lords. For the first time, the people who obey the laws of this country would be able to elect the people in the second Chamber who helped make those laws. The second Chamber will have a democratic mandate with which to do its work.

Furthermore, the size and membership of the House of Lords would be substantially reduced, and elected Members would come from all regions and nations of the UK. The House of Lords would also, for the first time, be able to expel Members who have committed serious offences. We intend to bring this Bill forward now because we believe the time has come for Parliament to take a view on what has become a well rehearsed issue. All three major political parties agree that reform of your Lordships’ House is needed. We all recognise the importance of bringing increased democratic legitimacy into our second Chamber. Now is the time to start taking actual decisions on how to make it happen.

There is not a single person who has joined the House of Lords since 1997 who cannot have been wholly aware of the proposals for change. Indeed, change has rightly been a feature of this House during this transitional phase, as the membership of this House has continued to evolve. Nor have our customs and conventions been set in stone over that period. Indeed, over the course of the last Session alone we set many uncomfortable precedents. By September last year, the proportion of Bills sent to Grand Committee in a full-length Session had fallen to a 10-year low, prompting a vote on the commitment of the Welfare Reform Bill—which, incidentally, turned out to be a resounding success. We witnessed the longest Committee stage of a Bill since the early 1970s and more Bills taking longer than eight days in Committee than did so over the entirety of the last Parliament.

We saw Third Readings of Bills take ever longer, with many important votes and amendments unnecessarily postponed until later stages or amendments being brought back time and again that had already been properly disposed of. We broke with convention by pressing amendments rejected by another place on the grounds of financial privilege. Even the Leader of the Opposition absurdly voted against the advice that she had previously given as Leader of the House. This suggests that, irrespective of the progress of proposals for reform, the House is already more assertive, more willing to challenge the primacy of the House of Commons and, on occasion, prepared to test the conventions around reasonable time.

The future of this House has been hanging in the balance ever since we embarked on the first phase of reform that the Labour Party started in 1998. It is now time to move on to the second phase. It seems so long since 1999, when the Labour Party said that the transitionary House would exist for only a very short period. That party promised us early reform, and in government it accepted by-elections to replace dead hereditary Peers because stage two would come along so soon. I very much hope that noble Lords opposite who are due to speak from the Front Bench will be able to explain Labour’s failure over the past 12 years, and why it never delivered the promised democratic legitimacy that Tony Blair yearned for in 1997—yet another failure.

Lord Cormack Portrait Lord Cormack
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I am most grateful to my noble friend for giving way. Is he aware that when Tony Blair made his last appearance before the Liaison Committee in another place, he made it abundantly plain that he did not think that this place should be subject to direct elections?

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, I am aware of that. I am particularly impressed that those questions were aimed at those in the Labour Party and my noble friend is now answering questions posed to them. I want the Labour Party to tell us whether it agrees with Tony Blair last year or in the late 1990s. That is the question we need to get to the bottom of.

The reform Bill that we introduce in this Session will take account of the work done so far. It will build on the commissions, White Papers and cross-party working groups, most of which were chaired by senior members of the Labour Party in government pleading with us to create a consensus so that they could get on with stage two of reform. When we come forward with our Bill, it will take account of the Joint Committee’s report and conclusions on the draft Bill, which will no doubt leave their mark on our proposals. I say, with the noble Lord, Lord Richard, in his place, that we are very pleased that the Joint Committee has broadly confirmed its support for a mainly elected House of Lords and are reassured that the Government and the Joint Committee agree on so many of its key elements.

I do not underestimate what a task it will be to resolve those issues that remain outstanding, nor to come forward with a Bill that will gain support across the parties in both Houses. We wish to proceed by consensus, and we recognise that that will be achieved only by bringing the Front Benches of all three parties with us—and, I hope, their Back Benches too. We do not expect simply to stumble upon a consensus; we have to build it. So the Labour Party will have to make up its mind what kind of second Chamber it is supporting, and will have to choose whether it is going to be part of that consensus.

Draft House of Lords Reform Bill

Lord Cormack Excerpts
Monday 30th April 2012

(12 years, 8 months ago)

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Lord Cormack Portrait Lord Cormack
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My Lords, I am delighted to follow the noble Lord, Lord Willoughby de Broke, for two reasons. One is that he very properly paid a compliment to the alternative report, and—in declaring an interest as the co-chairman of the Campaign for an Effective Second Chamber, to which the noble Earl, Lord Sandwich, referred—I can say that, from moneys subscribed by Members of your Lordships’ House and coming from nowhere else, we have been able to fund the publication in a permanent form of this admirable document. There are copies in the Cloakroom, the Library and all the Whips’ offices, and any Member of the House who has difficulty in obtaining one has only to ask me or the noble Baroness, Lady Symons, and it will be presented to them; in her case, it will be autographed.

The other reason I am delighted to follow the noble Lord, Lord Willoughby de Broke, is this. He referred to the part his grandfather played in those momentous days in 1911. That gives me an opportunity to remind your Lordships’ House that we often talk as if nothing has happened since then. How ridiculous that is. This House has altered more during the reign of Her Gracious Majesty Queen Elizabeth II than almost any other institution in this country. When the Queen came to the throne, there were no women in this House, and there were no life Peers. I remind your Lordships that it was a Conservative Government who produced the legislation which led to the advent of women Peers and life Peers.

Then we had that other momentous change at a time when I was privileged to lead on constitutional affairs in another place, when the Government of Mr Blair decided on a mass expulsion of hereditary Peers. I was unhappy about the way that was done, but it has altered your Lordships’ House beyond recognition. I might say in parenthesis that if the noble Baroness, Lady Thatcher, when she was Prime Minister, had only accepted a Bill I introduced in another place in 1984 which would have cut down the number of hereditary Peers—they would have elected so many of their number at the beginning of each Parliament—we might not have had the traumas of 1997 to 1999, but that is another story.

We are now debating the report of the noble Lord, Lord Richard, on the draft Bill that was produced by the Government almost a year ago. We all owe the noble Lord and his colleagues on the committee a great debt of gratitude. However, he very honestly said that his committee was constrained, dealing not with a clean sheet of paper but with a draft Bill. He decreed, quite rightly, that that was what they had to concentrate on, which is one reason why the noble Baroness, Lady Symons, and others decided that they wanted to produce a more far-reaching report, for which we are very much in their debt.

That the noble Lord, Lord Richard, and his committee were very constrained was underlined by my noble friend Lord Norton of Louth, who talked about going back to first principles. The committee had no opportunity to do that. It was dealing with a document and a premise that were essentially flawed—the premise that you could maintain the supremacy of the House of Commons if you had two elected Chambers. The committee of the noble Lord, Lord Richard, drove a coach and horses through Clause 2 and made it quite plain that that just was not the case.

One therefore has to face up to the question of what the relationship between the two Houses is to be. Here again was the flawed premise, because, in constitutional matters, form should follow function. That is why the noble Baroness has suggested in the report that she and her colleagues have produced that there should be a constitutional convention to look at first principles, to look at function and then to determine form. We are asked to agree to form without regard to function, which is wrong. It is illustrated particularly in that—I must choose my words with moderation and care; I would have said “fatuous”—strange proposal that there should be a hybrid House.

What happens in a hybrid House if you have 20 per cent of the Members appointed and the others elected? You have two categories, two classes, of Member. As the noble Lord, Lord Kerr, pointed out at a meeting that I attended only last week—and I made the point in my own evidence to the committee—if you have a situation where the non-elected 20 per cent carry the day, you have the makings of a constitutional crisis if the Bill is important. If you recognised the validity of that proposition and therefore had a 100 per cent elected House, you would do away at a stroke with that valuable ingredient in your Lordships’ House to which the noble Baroness, Lady Knight of Collingtree, referred in her intervention: independence.

I sat at the other end of the corridor for 40 years. During the whole of that time, we had virtually no independent Members elected to the House of Commons. There were those who bore the label, but it was either because there had been some constituency spat—sometimes within the political party concerned, as in one of the Welsh seats; I think that it was Ebbw Vale—or because there had been a local issue such as Wyre Forest and the Kidderminster hospital, but there was no phalanx of independent Members. So even if those who are here because of their illustrious careers in the Foreign Service, the Civil Service and all the rest of it sought to stand for election, which many of them would believe was not the right and proper thing to do in a political contest, they would not get here anyhow.

What if one values a House with an independent group of experts? As I speak now, I look across and see the noble and learned Lord, Lord Morris—our experts do not all sit on the Cross Benches. The noble Lord, Lord Winston, informs every debate in which he takes part in this House with his superb knowledge. I may not always agree with what he says, but, by Jove, he enriches the place by his presence. You would not get that in the sort of assembly that would result from a cobbled-together Bill such as we are now threatened with, and I hope that it will not come to pass.

In her speech, the noble Baroness, Lady Scott of Needham Market, said that we were suffering from wear and tear—some of us more than others perhaps. But she is completely right. This House needs reform. However, as others have pointed out, there is a Bill, the so-called Steel Bill, which addresses most if not all of these issues and on which I believe that it would be possible to have consensus. We could reform this House in a way that would be acceptable and much less expensive than the elected House with which we are now threatened. I urge the Government to consider it very carefully and consider the convention suggested by the noble Baroness, Lady Symons. It merits serious and sympathetic consideration.

We are talking about the British constitution. We are not talking about something that should be the plaything of any particular political personality or something that should be regarded, as someone said, as the glue that holds the coalition together. We are talking about the future of our country and there are other things that could be done in the future. The noble Lord, Lord Low of Dalston, who will address us shortly, has an idea for electoral colleges, which he will explain, which has some merit and is worth serious consideration and debate.

I end on this note. I have two points. When he gave evidence to the Joint Committee, the Clerk of the House of Commons said that at the moment the House of Commons and the House of Lords are complementary to each other. If we had two elected Chambers, they would be in competition with each other. If we are to move to that undesirable state, surely the people must have the ultimate decision. How fatuous to wave the flag of democracy but say, “You can’t have a vote on it”. That is the ultimate insult to the British people, and up with that we should not put.

Arrangement of Business

Lord Cormack Excerpts
Thursday 26th April 2012

(12 years, 8 months ago)

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Lord Bassam of Brighton Portrait Lord Bassam of Brighton
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My Lords, I rarely press a second time in situations like this. The noble Lord is right that there was a suggestion that we could consider this matter today. I saw the early version of the forward business and took the view that the Sunday trading Bill may well take a little longer than business managers opposite believe to be the case; I may be wrong, but I may not. Although the noble Lord, Lord Tyler, may suffer from bouts of insomnia from time to time, I try to control mine, and it is in the House’s best interest at least to consider these matters at a time when all of us in your Lordships’ House have a reasonable opportunity to participate properly.

I urge the noble Lord the Leader to be slightly more flexible in his approach to this. He is known for his flexibility and generosity of spirit. While 1 May is certainly a day that we all enjoy celebrating in different ways, the House might enjoy having some extended opportunity to listen to the arguments on House of Lords reform.

Lord Cormack Portrait Lord Cormack
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My Lords, I strongly support the noble Lord, Lord Richard, and what has just been said. There is no reason at all why this House should not debate on Tuesday. I have attended many Prorogation ceremonies in this House, having come down the Corridor from another place, that have taken place at 4 pm, 5 pm or 6 pm. There is ample precedent for that and no reason for it not to happen. The facilities of the House will already be paid for—that was an excuse for our not sitting last week—and it would mean that there was ample time to have a civilised debate during civilised hours. It does nothing for the reputation of this House if we sit until 2 am, 3 am or 4 am; frankly, that is an insult to this House and to the wider community. This is a crucial issue on the future shape of the Parliament of the United Kingdom and it should be debated at civilised hours on Monday and, if necessary on Tuesday. The noble Lord, Lord Richard, deserves the support of the House in this matter.

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, this is getting odder and odder.

Trusts (Capital and Income) Bill [HL]

Lord Cormack Excerpts
Wednesday 28th March 2012

(12 years, 9 months ago)

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Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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My Lords, I appreciate that this is not a matter for the Leader of the House directly, but the report on the BBC this morning of the leak suggesting that 12 bishops will be retained also contained the information that the Government would be content to accept that. That suggests that people in the Government are talking about the report, which would be very damaging because it gives the impression that the Government and the committee are working hand-in-hand when, of course, the committee is completely independent. If my noble friend is saying that we cannot have a Statement because the Government could not respond, surely it is inappropriate for people to be briefing the BBC in these terms.

Lord Cormack Portrait Lord Cormack
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My Lords, nobody could doubt the integrity of the noble Lord, Lord Richard, but it would reassure the House if he were able to indicate that no copies of this report will be distributed to anyone before the embargo date and that no member of the committee will be in possession of the report. As a former chairman of a Select Committee, I know that that is not normal practice, and I hope it will be the case here. I think everybody in this House will applaud the decision made by the noble Lord, Lord Richard, about 23 April and will endorse the Leader of the Opposition’s request that this report be debated as soon as is reasonably possible, ideally before Prorogation.

Lord Richard Portrait Lord Richard
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My Lords, the question of a debate is nothing to do with me, although I have views about when it should take place. As to the question asked by the noble Lord, Lord Cormack, no copies of the report will be distributed before 23 April.

Procedure of the House

Lord Cormack Excerpts
Monday 26th March 2012

(12 years, 9 months ago)

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In conclusion, I am sure that the Chairman of Committees will be able to see and interpret the mood of your Lordships’ House today and act accordingly. In the mean time I beg to move.
Lord Cormack Portrait Lord Cormack
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My Lords, I am delighted to follow the noble Baroness, Lady Royall. I agree with much of what she said, but not all of it. I would not dissent from her on the issue of hours. I have no quarrel with my noble friend the Leader of the House on that, but the noble Baroness’s suggestion of an 8.30 pm finish has much to commend it without in any way reducing the hours that my noble friend would have. That is not the real issue that I want to address.

I am very proud to be a Member of this House. When I came from another place I looked upon this House as one where legislation was properly scrutinised, time was taken and “we do things differently here”. In the context of legislation we do things better here. This is something that we do not wish to lose. We are a self-regulating House. I never want us to be in danger of becoming a government-regulated House. That is why I put down this amendment. I do not agree with the noble Baroness, Lady Royall, in stating that, as a rule, all Bills should go to Grand Committee except for her three exceptions.

I do not agree with the noble Baroness for two reasons. One is that it is always difficult to define an exception. What is a highly controversial Bill to some Members of the House may be a matter of simple common sense to others. What is a constitutional Bill to some Members of the House may not be to others. I instance the Fixed-term Parliaments Bill. That was, as far as I am concerned, a major constitutional Bill. There were those who argued during our deliberations that it was not. Who is to determine? At the moment it is entirely up to your Lordships’ House to decide whether a Bill goes to Grand Committee or not.

As this Session grinds to a halt we have had a good example in the Welfare Reform Bill. It was suggested that it would be better dealt with in Grand Committee and it went there. It had the consequence, to which the noble Baroness has referred, that Report took much longer because there was no opportunity for voting in Grand Committee. When we are contemplating a move of this nature, we have to bear it in mind that votes do not take place in Grand Committee. My noble friend interjects, “Yet”, and that is one of the points behind my amendment, and one of the reasons why I would like to see this matter looked at again by the Procedure Committee.

In another place a few years ago, the Executive decided that they wanted to take a greater grip of Parliament and to have every Bill programmed. Of course, having sat for almost equal lengths of time on the government and opposition sides of the House, I know that perspective changes according to where you sit. It was wonderful to behold some of the Rottweiler Ministers of 1979 to 1997 suddenly becoming gamekeepers turned poacher when they were in opposition. I make no complaint about that, but I look with fond nostalgia on the memory of the great, late Eric Forth, than whom there was no more draconian Minister and than whom there was no more belligerent opposition Member.

We look at things from different points of view, but Parliament should never be the creature of the Executive. It is difficult enough for Parliament to hold the Executive to account when the Executive are drawn from Parliament. I am not suggesting that we should alter our system. I do not want us to go to an American-style separation of powers, but I recognise that if we are going to get the balance right, the Executive must not trammel, crib, cabin and confine the legislature.

This is exactly what happened in another place shortly after the coming to power of the Blair Administration, when we moved inexorably—partly because Eric Forth and his friends were using the weapon of time somewhat indiscriminately—to the situation where every Bill became timetabled. How often in my brief period here have I heard Members lament the fact that in spite of a change of Government, the timetabling procedures remain? More and more responsibility falls upon your Lordships’ House because of that.

It would be very unfortunate if we allowed ourselves to lose the flexibility that true self-regulation provides. During those 18 years in opposition in the other place, I often came out of the Division Lobby feeling depressed—we could not win, the Government’s majority was so enormous—but my colleagues and I would suddenly see a glimmer of hope and the cry would go up, “Our hope is in the Lords”. Indeed it was, and not infrequently it was realised. The Labour Governments of Mr Blair and Mr Brown suffered a number of significant defeats in this place and sometimes as a consequence they thought again.

As we have seen recently in the long saga of the Health and Social Care Bill, legislation that is—I want to be kind—not exactly perfect can be significantly improved by expertise, time and the fact that Members here have no constituency responsibilities, and no need to answer to an electorate every five years. Things can be improved in here, and we are going to have plenty of opportunity, I suspect, in the forthcoming Session of Parliament to debate that very point. Anything that detracts from self-regulation is to the detriment of this House in particular and Parliament in general.

I say to my noble friend the Leader of the House that he should please beware of that word “presumption”. Just think how much trouble has been caused in recent months by the insertion of that word “presumption” in the context of planning. I do not like documents which presume and I do not like measures which presume. I have nothing against Bills going to Grand Committee but they must go on their individual merits because the House approves of the suggestion that that is where they should go. I urge my noble friend the Leader of the House, when he speaks, to recognise that fact.

That is why I am suggesting that the committee should have the chance to look again and to answer whether we are inadvertently handing over an important aspect of self-regulation. Consider, in the light of the debates that will take place on a possible Lords reform Bill, whether we need this sort of change. We certainly do not need it now because we know from all the leaks that we are going to have a legislation-light Queen’s Speech. If that is the case, why do we need to have this presumption now?

There is another issue—the elephant in the room that is the Bill that dare not speak its name. We all know that it is likely that the Deputy Prime Minister will have his way with us and will produce in the Queen’s Speech some measure of reform affecting your Lordships’ House. I blame not the Leader of the House nor anyone else but in the somewhat febrile atmosphere that has existed in this place for some months there is a teeny suspicion that one of the reasons we are doing this today is to clear the decks for House of Lords reform. That may not be the case. I know not.

In conclusion, I say to my noble friend, than whom there is no more consummate politician in the whole of Parliament, please do not bother with this because you can have your way on individual Bills. They can go to Grand Committee with the House’s approval and blessing and there they can be scrutinised. But do not have this presumption.

Another thing we should bear in mind is not to follow the other place down another steep, slippery slope where so many things are being considered simultaneously in Westminster Hall, in the Chamber and in Committee that it is difficult for an honourable Member adequately to discharge his or her duties. I rest my case.

Lord Phillips of Sudbury Portrait Lord Phillips of Sudbury
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My Lords, I agree with what the noble Lord has just said. If there is to be a presumption then the presumption should be that legislation should be taken here. There is only one alternative that is worse than the committee’s suggestion and that is the recommendation of the noble Baroness, which institutes a rule.

Many will agree that one of the prevailing sins of the British Parliament is that we legislate a great deal too much. A great deal of excessive complication has begotten in our society a high level of bureaucracy in all parts of society—in the private sector as well as the public. This is a serious and malignant failing of our present political culture. What would be the effect if, having cleared much of the business from this Chamber into Grand Committee, there were weeks when there was nothing to be done here? Would that not be an encouragement for the other place to send even more torrents of ill considered law to this place? I am sorry if it is offensive to some who served in the other place but the whipping system that has developed there is now so ruthless, and the guillotine system operated with such consistency and a strong hand, that they deprive the other place of giving the thought to crucial legislation that it not only should but would be well equipped to do if the Members were let off the leash.

The proposal would surely create a vacuum for yet more legislation. The average output of Parliament has been 13,000 pages of legislation a year over the past few years. This year it might exceed even that. It is more than is produced by any comparable democracy in the western world by a long way. Therefore, on that ground if no other, I urge us to reject the committee’s proposal for this presumption and to reject absolutely the recommendation of the noble Baroness, which is in line with the Leader’s Group, that we have a rule that only three types of legislation can be retained in this place without agreement.

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Moved by
Lord Cormack Portrait Lord Cormack
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As an amendment to the Motion in the name of the Chairman of Committees, at the end to insert “, with the exception of paragraphs 10 and 11 (Grand Committees), which shall be referred back to the committee for further consideration”.

Lord Cormack Portrait Lord Cormack
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My Lords, I do not wish to take up any more of the House’s time, save to say that I suspect I know which Lobby my late noble friend Lord Newton would be in. He is so much missed, as has been said. Nothing that we do this afternoon takes away any power or influence from the Leader of the House. Every Government are entitled to get their business but not in the process, in any way, directly or indirectly, to trammel the unfettered, self-regulating House of Lords, of which we are all so proud. I hope that noble Lords in all parts of the House will feel able to send a message to the committee, asking it to reflect on this debate and look at this issue again. In the mean time, we take nothing from the Leader but are careful to keep what we have. I beg to test the opinion of the House.

House of Lords: Membership

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Thursday 9th February 2012

(12 years, 11 months ago)

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Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

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Thursday 2nd February 2012

(12 years, 11 months ago)

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Lord Mackay of Clashfern Portrait Lord Mackay of Clashfern
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My Lords, when my noble friend makes the Statement that he indicates he wishes to make, I wonder if he could possibly indicate to your Lordships which provisions of the Welfare Reform Bill prevented it from being a money Bill.

Lord Cormack Portrait Lord Cormack
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My Lords, I noticed that when my noble and learned friend made his point a second or two ago, my noble friend on the Bench shook his head as the reference was made to a Statement. I implore my noble friend the Leader of the House to make a detailed Statement, because the relationship between the two Houses is fundamental to the working of our constitution. There is a fear among many Members on this side of the House that there is an overassertion of privilege, and that there may be reasons behind that. Therefore, it is important that this House has a proper opportunity to debate these issues at an early date.

Lord Alderdice Portrait Lord Alderdice
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My Lords, apart from the question of the rights and conventions, there may also be a question of communication. The Reasons Committee of the House of Commons could perhaps be a little more forthcoming as to precisely why it feels that it is important to exercise privilege. It is not an absolute requirement. Perhaps it might be possible—without in any way encroaching on the rights of the other place—to explore whether a little more full communication might be possible, particularly in these areas of contention.

House of Lords: Scottish Referendum

Lord Cormack Excerpts
Wednesday 1st February 2012

(12 years, 11 months ago)

Lords Chamber
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Lord Strathclyde Portrait Lord Strathclyde
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My Lords, there were a number of questions there. The noble Lord is right that it would have profound constitutional implications for the United Kingdom if there were to be a referendum result in Scotland in favour of breaking up the United Kingdom. However, as I said in my Answer, we can proceed only on the current constitutional framework. If there is a Scottish referendum, I for one—and, I am sure, the noble Lord for another—will campaign in favour of retaining the United Kingdom. The Government of course considered the case for a referendum on the future of the House of Lords. However, given that all three manifestos in the most recent election were remarkably similar on reform of the House, we feel that people's views have already been taken into account.

Lord Cormack Portrait Lord Cormack
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My Lords, the manifestos were rather different. However, does my noble friend agree that those of us who are concerned about the future of the United Kingdom must not take the people of Scotland for granted and must not appear to patronise them? To anticipate the results of the Scottish referendum would seem to do precisely that. Therefore, is there not the strongest possible case for getting the issue decided before we turn to House of Lords reform?

Lord Strathclyde Portrait Lord Strathclyde
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My Lords, of course we must neither patronise nor anticipate. On the other hand, normal work should not come to a halt because of a possible referendum. That is why we are carrying on with our stated proposal for reform of the second Chamber.