Syria: UK Military Action

Lord Cormack Excerpts

Wednesday 2nd December 2015 Lords Chamber

[Lord Cormack (Con)]

My Lords, that was an extremely thoughtful and important speech, and I for one believe that what the noble Baroness, Lady Deech, said should be taken to heart by leading figures in all political parties. This debate will be remembered I think, above all, for the notable maiden speech of my noble friend Lord Hague of Richmond, who is a very special person in my life. I have served six Conservative leaders, and he was the only one who had the sagacity to put me on his Front Bench.

This is a crucially important debate, in which we are being asked merely to give our views. This morning, I sat in the Public Gallery of another place and heard the Prime Minister make a powerful, convincing speech. In answer to the very important point made by the noble Baroness, Lady Taylor of Bolton, I would point out that he began by saying that he accepted unequivocally that however people voted tonight, they would be voting from sincere and honourable motives. It is important that that is firmly on the record.

Some of us know what it is like to go against the grain. I had the very good fortune of being among a tiny handful of Labour and Conservative Members of Parliament who lined up with the noble Lord, Lord Ashdown of Norton-sub-Hamdon, in urging action in Bosnia. I have never regretted that, and eventually the Government came down on what I believe was the right side—without, I would say to the noble Baroness, Lady Deech, a vote in Parliament.

The Motion before us today and being debated now in the House of Commons is, as the noble Baroness, Lady Taylor, said, a well-written Motion, from which I will single out two phrases. It talks about,

“post-conflict stabilisation and reconstruction”.

What a pity that the resolution that was before us when we debated going to war in Iraq—which I supported—did not have a similar sentence in it. It seems to me that there would be a wonderful potential role for your Lordships’ about-to-be-established external affairs committee here, because it could monitor that with a degree of expertise and experience that no other body could bring to such a task. I warmly commend that suggestion to your Lordships and to my noble friend Lord Howe, who is responding.

The other part of the resolution that I would mention is the explicit commitment not to put in ground troops. I believe that that is extremely unwise. We have heard what my noble friend Lord King and the noble Lord, Lord Dannatt, said. We should not rule out that option, but we have. Unless, as I would like, we go down the road marked out by the noble Baroness, Lady Deech, there should be an amendment with a reference to Parliament, because we cannot and must not rule it out. Those who will the ends must will the means.

As my noble friend Lord Dobbs, who explained why he has had to leave the Chamber, said a few moments ago, we cannot make this an unfinished journey. We have to ensure not only that the evil represented by Daesh is eliminated from the face of the earth but that we see a proper, stable, reconstructed Syria at the end of it. That will demand unpalatable truths. We will have to line up with the Russians in a way that we have not in the past, and we will have to fight one enemy, not two—and that means Daesh and not necessarily Assad.

Devolution: England

Lord Cormack Excerpts

Wednesday 2nd December 2015 Lords Chamber

[Lord Cormack (Con)]

My Lords, is my noble friend aware that, as one of those who voted against having a directly elected mayor in London in the referendum, every time I get into my car I wonder whether I was not right?

[Baroness Williams of Trafford]

I think others might disagree with my noble friend.

Rugby World Cup 2015

Lord Cormack Excerpts

Wednesday 11th November 2015 Lords Chamber

[Lord Grocott (Lab)]

My Lords—

[Lord Cormack (Con)]

My Lords—

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

My Lords, I am so sorry to intervene. It is actually the turn of the Conservative Benches, which we have not heard from. While I am on my feet, I remind noble Lords that we are now starting to get very lengthy in the questions that we are asking. I would pay particular attention to some of the original supplementaries that are being asked.

[Lord Cormack]

My Lords, does my noble friend agree that a little goes a very long way in the field of heritage? To a cathedral needing maintenance, £250,000 means a vast amount; it is a tiny drop in the ocean. Would she convey that message to the Chancellor before the spending round is announced?

[Baroness Neville-Rolfe]

My Lords, my noble friend makes a very strong point. We had the £20 million First World War Centenary Cathedrals Fund, of course; I was in Norwich this very weekend looking at some of the brilliant repair work that has been done. I think that we in this country are great at looking after historic buildings. We should be telling people overseas and they should be learning from our skills in conservation and architecture.

House of Lords Reform

Lord Cormack Excerpts

Tuesday 15th September 2015 Lords Chamber

[Lord Cormack (Con)]

My Lords, it is a very great pleasure and honour to follow the right reverend Prelate. I was a member of the Lichfield General Synod delegation that met in the appointments committee to recommend a new Bishop of Lichfield when the former bishop retired. We chose the right reverend Prelate to be our bishop in the diocese of Lichfield and he did not disappoint us. He quickly became known for the exercise of quiet, gentle authority. He will be much missed and fondly remembered in the diocese of Lichfield. I no longer live in that diocese—I now live in Lincoln—but I shall always treasure my connections, in particular the friendship that I enjoyed and I hope will continue to enjoy, with the right reverend Prelate. The House of Lords owes him much, and by his speech today he has demonstrated that there is a real validity and value in having a Bench of Bishops in your Lordships’ House.

I must declare an interest. As many of your Lordships know, some 13 years ago my noble friend Lord Norton of Louth and I founded the Campaign for an Effective Second Chamber, which only today had a well-attended meeting with more than 50 of your Lordships present. Before the events of July and before the new list, we established a sub-committee, which I have the honour of chairing, to look at the whole question of numbers in your Lordships’ House. This is not a problem that has just emerged; it is one of which we have been very conscious for a long time. It would be wrong for me to come out in favour of any particular solution in this debate because I would be pre-empting the discussion of our sub-group, but there are things that we are looking at and have to look at—some have already been touched on in the debate. I hope that we will be in a position to produce a degree of consensus in a report that your Lordships’ House will be able to consider, along with other reports, later this year.

I am well aware that to go for an arbitrary retirement age would be a simple but slightly crude solution. I am bound to say, along with my noble friend Lord MacGregor, the chairman of the Association of Conservative Peers—who sadly cannot be here today but he asked me to mention this—that I find some attraction in this solution. As the noble Lord, Lord Steel, has already referred to, at the end of this Parliament on 30 March 2020, by which time Dissolution has to occur, 260 of your Lordships will be aged 80 or over, of whom I will be one.

The noble Lord, Lord Steel, has indicated in his Motion that his solution perhaps needs refining—maybe we should look at other things. With the help of the Library I got some figures. There are 140 Members of your Lordships’ House who spoke less than once a year in the last Parliament. Some 17 of those eligible to attend in the last Session did not come at all. In the whole of the last Parliament, 119 voted fewer than 20 times and 47 did not vote at all. These are things that we have to take into account. I believe that there are solutions. I am bound to say that, much as I admire and respect the noble Lord, Lord Armstrong of Ilminster, I thought that his solution was a tad complicated, but we could set a limit, a cap, on the number of Members in your Lordships’ House. At our sub-committee meeting last week, there was something approaching consensus in saying that we should try to fix your Lordships’ House at a size no bigger than that of the House of Commons—in other words, 600, as it will be at the beginning of the next Parliament. Maybe we should move on beyond that.

How do we do that? One solution that could commend itself to your Lordships would be that at the beginning of each Parliament the Cross-Benchers—who should be guaranteed 20% of the places—and the various party groups should elect, or select, so many of their number. There are constitutional precedents for this. The Acts of Union 1707 gave the Scottish peerage the opportunity and the duty of selecting 16 of their number to sit at Westminster in the House of Lords. Nearly 100 years later, in 1801, the Act of Union with Ireland gave the Irish peerage 28 seats in your Lordships’ House. Maybe this is a precedent that we should look at carefully. If we had a cap on numbers and did something like this within the Cross-Bench group and the party groups, we would have some satisfaction that it would not be driven by age or any other specific factor; it would take into account the contributions made by the Peers concerned. I also think we ought not to have a situation where the Prime Minister’s patronage is extinguished—that would be completely wrong—but, if at the beginning of each Parliament he were given 10%, he could nominate new or reappoint old as he wished.

My final point in this necessarily brief speech is that there is some merit in saying that a peerage should be for life but membership of this House should be for a defined period. I would make it a genuinely long defined period—perhaps as long as 20 years, but certainly 15—because I do not like the power of the Whips, and if they thought they could exercise a sort of perverse patronage every five years, your Lordships’ House would not be what it is today. I believe fundamentally in a House that does not challenge the unambiguous democratic mandate of the House of Commons and that acknowledges the supremacy of the House of Commons, but that brings together talent and experience from all walks of life in a way that no other second Chamber in the world is able to do.

House of Lords: Membership

Lord Cormack Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Stowell of Beeston]

The noble Lord points to something which was in the coalition agreement. We are no longer in coalition; this is a Conservative Government and we therefore stand by what was in the Conservative manifesto. I have already made clear my view on the size of the House. The noble Lord directs an interesting point to the Liberal Democrat Benches.

[Lord Cormack (Con)]

My Lords, could not the noble Lord, Lord Rennard, and his colleagues lead by example? Believing, as they do, in proportional representation, and having just been inflated into the most unrepresentative party in this House, if he and 40 of his colleagues took retirement, under the advantages of the 2014 Act, then the problem would at least begin to be addressed.

[Baroness Stowell of Beeston]

My noble friend is using me as a channel to ask questions to the Liberal Democrat Benches. He is quite right that we are all responsible for the effectiveness of this House and making sure that that happens.

Proposed Changes to the Standing Orders of the House of Commons

Lord Cormack Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, I very much welcome this debate and congratulate the noble Lord, Lord Butler, on coming forward with this Motion. It is not because we on these Benches do not think there is an issue to be addressed; rather, we think that the Government have gone about it in a somewhat rushed way, with little or no consideration of the possible constitutional consequences.

I heed the remarks of the noble Lord, Lord Wakeham, who has considerable experience in these matters, that the House of Lords ought to be cautious when we are dealing with matters that relate to the internal workings of the other place. But if these internal workings, and the manner in which the Government are going about it, have important constitutional consequences, then it is a matter for this House to have regard to as well. This is perhaps a classic example of a measure that flashes the warning sign: “Beware the law of unintended consequences”.

Many of these points have been rehearsed, but we know it will be very difficult to determine whether a clause or a schedule, to quote the draft Standing Orders, would be,

“within the legislative competence of the Scottish Parliament to make any corresponding provision for Scotland in an Act of that Parliament”—

that being the test for whether or not it was a matter that the Speaker could certify. It is not an easy matter to determine, as I indicated last week. When I was Advocate-General for Scotland, much of my office was looking at these matters and trying to determine where the boundaries of competence were. Indeed, I had the privilege of appearing before the Supreme Court, presided over by the noble and learned Lord, Lord Hope of Craighead, on a matter relating to the sale of tobacco products to children. Ultimately it was the Supreme Court that determined whether the matter was within or outwith the competence of the Scottish Parliament.

As the noble Baroness, Lady Boothroyd, said in our deliberations last week, these issues could bring the Speaker into some legal and political controversy. What if, for example, the Speaker certifies a measure as satisfying the test but subsequently the Scottish Parliament seeks to bring forward exactly the same legislation and the Supreme Court determines that in fact it was not within the competence of the Scottish Parliament? No doubt the Speaker’s certificate would be final but you would have a very difficult situation where the Supreme Court decided something that the Speaker or the Speaker’s Counsel had got wrong. As has also been said, we are treading on ground that could raise issues about Article 9 of the Bill of Rights. Even if it is not justiciable, it will not necessarily stop someone trying to make it justiciable, and all sorts of issues could arise there.

I also note that the draft Standing Orders say:

“Where either the whole House or the English, or English and Welsh, MPs do not agree to a motion relating to the Lords amendments, the amendments are not agreed and a message to this effect is sent to the House of Lords”.

We would be dealing with a situation where an amendment has been passed by your Lordships’ House—indeed, it could have been passed by the House of Commons—which, in the past, anyone would have thought had been passed by both Houses and should then go to Her Majesty for Royal Assent, but we are being told that in fact that would not necessarily lead to a measure being put forward for Royal Assent. That is an important constitutional issue. It may not affect the Standing Orders of your Lordships’ House but it has implications for your Lordships’ House.

Finally, the noble Lord, Lord Forsyth, may wish to intervene and articulate this more, but he made an important point last week about the provisions that were added in relation to finance—that it could well be the case that the substantial part of the Government’s supply from income tax would be deemed to be a matter only for English MPs or English and Welsh MPs to determine. So you could have a situation where English and Welsh MPs could veto the supply of the majority party in the House of Commons. I am not saying that it could not be done—under these provisions it would be done—but it has important constitutional consequences. Therefore, I do not believe it is sensible to proceed piecemeal by way of Standing Orders of the other place, and that is why the proposal that has come from the noble Lord, Lord Butler, is one that I hope this House will pass and which I hope the other place will take seriously.

[Lord Cormack (Con)]

My Lords, I have great sympathy with the noble Lord, Lord Butler. The solution that the Government have come up with in the other place is, to put it mildly, far from perfect. But we have one problem in this House this afternoon: we cannot establish a Joint Committee. We can express a view and say that we think that there should be a Joint Committee—personally, I would welcome that—but we can also try to ensure that the matter is referred to our Constitution Committee. I believe that there are repercussions for this House and that we have to take the issue extremely seriously.

Altering the constitution in this way, almost by sleight of hand, does no service to any of us who care about the stature of Parliament, the relationship between the two Houses and the responsibility of this House in particular. My noble friend Lady Stowell has already indicated that there will be a full day’s debate in September, which is good and welcome. But I hope that when she comes to reply from the Front Bench she will be able to go further and say that she, as Leader of the House, will personally ask the Constitution Committee of this House, which has an enviable reputation for working thoroughly and fairly expeditiously, to try to report in time for that debate—but, if not, very shortly afterwards. We are entering a legislative quagmire here and it is far more important that we get it right—here, I totally agree with the noble Lord, Lord Butler—than that we achieve it quickly.

We have had too much government by gimmick and deadline over the last year. I have quoted this before in the House: something must be done by St Andrew’s Day and something else by St David’s Day. We are playing with the constitution of the United Kingdom, in which I hope that most of us truly believe, and if we are to safeguard the United Kingdom in this new era of extra devolution, we have to safeguard the position of the United Kingdom Parliament—a Parliament in which all Members are equal.

It may well be, as I believe, that there is a very good case for reducing the number of Members from Scotland when current legislation is on the statute book, and in time for the next general election. There is precedent for that both in Scotland and Northern Ireland, but the extremely convoluted arrangement that is currently proposed is likely to create far more problems than it solves. Of course I welcome the idea of a review after one year, but I would rather that we did not go there. I urge my noble friend to give serious consideration to making a personal request to the Constitution Committee of your Lordships’ House to look at this matter very quickly.

[Lord Reid of Cardowan (Lab)]

My Lords, I support the Motion from the noble Lord, Lord Butler, not because I want to impede the addressing of this issue by the Government, because we should not. As the noble Lord, Lord Wakeham, pointed out, the issue was in the Conservative Party manifesto—but these proposals were not, to the best of my knowledge. What I fear greatly is that the nature of these proposals, far from resolving the issue, will create so much confusion and potential conflict not only within this Parliament but between it and the devolved Parliaments—that of Scotland in particular but the others as well—that we will end up with a solution that is far from desirable from anyone’s point of view.

In deference to the House, I will not go through any of the details, because we want brief speeches. But I would just say, for anyone who does not understand them, that the definitions included in the Standing Orders are deceptively simple. These issues are not at all simple, not the territorial issues or even the second test of the content—not to mention the third test, which is not mentioned at all in the Standing Orders but which, as the noble and learned Lord, Lord Wallace, mentioned, is the purpose. If we do not have this done correctly, this is a recipe not for resolving the issue but for having continuous recourse to the courts, to conflict and to confusion of a profound nature in our constitution.

House of Lords: Membership

Lord Cormack Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Pearson of Rannoch (UKIP)]

My Lords—

[Lord Cormack (Con)]

My Lords—

[Lord Tyler (LD)]

My Lords—

--- Later in debate ---

[Baroness Stowell of Beeston]

But the Bill did not succeed in making its way out of the House of Commons. The manifesto that we stood on at the last election said that we would not seek to introduce comprehensive reform at this time, and it was on that manifesto that we won the general election.

[Lord Cormack (Con)]

My Lords—

[Lord Maginnis of Drumglass (Ind UU)]

My Lords—

[Noble Lords]

Cross Bench!

[Lord Cormack]

The Question came from the Cross Benches.

I am sure we appreciate the thoughtful way in which my noble friend has sought to answer these questions. I have the honour of chairing the group to which the noble Earl referred. We hope to produce a report that the House can consider later in the year. Will the Leader give an assurance that that will be taken seriously into account by the Government if it makes constructive proposals?

[Baroness Stowell of Beeston]

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

English Votes on English Laws

Lord Cormack Excerpts

Thursday 2nd July 2015 Lords Chamber

[Baroness Stowell of Beeston]

I do not want to comment on the processes of voting in the other place, but I do not think that they are getting as far as electronic voting. I am very grateful to the noble Lord for his warm welcome of what the Government are bringing forward today and agree with the points that he made in his contribution.

[Lord Cormack (Con)]

My Lords, anyone who believes in the integrity of the union will recognise that what is being proposed has profound implications. All I would say to my noble friend—who has presented the Government’s Statement entirely properly—is that this House should have an opportunity to debate something that has profound constitutional implications for the future of the union. Even if we had to sit one day later in July, surely we could have a proper debate. There is a great deal of expertise and experience in this House and it would hardly damage what is being proposed if it were thoroughly examined and scrutinised in the way that legislation is in your Lordships’ House.

[Baroness Stowell of Beeston]

My noble friend is a very experienced parliamentarian, but I really am not sure that I agree that, at this stage, this is something that requires this House to debate it. Before rising for the summer, the House of Commons will have a debate on changes to its own Standing Orders. Presumably, it will divide and decide on that. As I say, the procedures and powers in this House will not change. If that were to be the case, and something were to be different in the future, I would clearly reconsider the answer that I have given to my noble friend.

Housing Associations: Right to Buy

Lord Cormack Excerpts

Tuesday 9th June 2015 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government can go on their record on this, which is that under the coalition Government more council homes were built than in the previous 13 years. Also, if the new revitalised scheme does not yield that one-for-one replacement within a three-year period—the one-in-10 figure is actually quite misleading, because we are only at the end of the first three-year period of the first council home sold—the HCA will take on those properties and sell them.

[Lord Cormack (Con)]

My Lords, how are we going to increase the supply of affordable housing, which is desperately needed, by selling some of the most affordable houses at very great discounts?

[Baroness Williams of Trafford]

My Lords, when affordable houses are sold, the discount to date is then refunded back to the housing association by the Government. As for replacing affordable with affordable, that capital receipt allows a new similar home to be built.