Procedure and Privileges

Lord Forsyth of Drumlean Excerpts

Monday 25th October 2021 Lords Chamber

I hope that in future the Procedure Committee will continue with traditional methods, which is not to make irrevocable decisions before the House has had a chance to consider them, and that decisions will be made by votes not by email. I hope that those two conditions will be observed, and, above all, that either the House decides to support all three amendments—I should happily vote for all three—or, perhaps most sensibly, the Senior Deputy Speaker will tell us before very long that a mistake has been made and that this should be reconsidered.

[Lord Forsyth of Drumlean (Con)]

My Lords, I am very happy to jump into the grave of the noble Lord, Lord Grocott, on this matter. As my noble friend said, it is quite extraordinary. I tabled an amendment; I really had to struggle to do so and to read the papers because we were having the debate in this timescale. It is not the first time that this has happened, and one gets the impression that there is a bureaucracy running this place that thinks that the Members of this House are a necessary inconvenience. It is not just on centrally important matters such as voting. On a range of matters—dress, the Bishops’ Bar, catering services and so on—which we are not encouraged to discuss because it leads to a certain amount of mockery outside, one gets the impression that decisions are being taken by people who perhaps do not have a feel for this House and what it stands for.

As someone who has been in both the House of Commons and here, I say that the issue of Divisions and Tellers is fundamental. It means that the supervision of the vote is done on a bipartisan basis. As the noble Lord, Lord Rooker, pointed out, in the old days in the House of Commons, when there was always a 10 o’clock vote, if you got the runaround from officials in the Minister’s department you said, “I will see your Minister at the 10 o’clock vote”, and suddenly they were available. Perhaps in a less threatening way, the opportunity to discuss issues with colleagues, knowing that they will be there, is central.

Of course, we are now in this ghastly Covid period. I understand why we do not want people crowding through the Lobbies, but we have the PeerHub system, which works perfectly well. The proposals coming from my noble friend are that we should keep the PeerHub system working and keep the video system working for 10 or so Members, and that we should have this other system working as well. Why? The answer is: because it is not a temporary system at all but a permanent one.

I have been reading the minutes of some of these committees. They make for fascinating reading. For example, I discovered that the House of Lords Commission has responsibility for the strategic and political direction of this House. I discovered that the House of Lords Commission is considering putting its own position on a statutory basis. Good luck with that; I do not think that it will get many votes.

The noble Lord, Lord Grocott, was critical of the Procedure and Privileges Committee, but here is an extract from agenda item 10 in the minutes of the House of Lords Services Committee, dated 21 October and entitled “Pass-reader Voting Enabling Works”:

“The Lords Commission has asked for a pass-reader voting solution to be developed in line with the Commons’ development of an improved system. This technical solution is also needed for a Commons Business Continuity Planning Scenario in which the Commons Chamber became inoperable and relevant approval was given to relocate to the Lords Chamber. The technical details for the pass-reader voting stations are currently being finalised and cabling was installed in the Division Lobbies in the Conference recess.”


Then this sentence is the important bit:

“The Procedure and Privileges Committee will give final sign off.”


In other words, it is a fait accompli, not just for us but for that committee.

This simply is not good enough. These are vital things. The use of Tellers enables Divisions to be negatived. It means that, if anyone wants to create a Division, they can, but they need at least two people to support them. So, it will be possible for an individual to call Division after Division after Division—and, apparently, according to the committee, this will save time. That is what seems to be happening in this House, under the cover of Covid. I will just say that the officials and those responsible for our committees have done a magnificent job in keeping the House going during Covid, but it should not be used as a cloak behind which to dismantle our established and cherished procedures, and the facilities that enable us to operate as a collegiate House.

So I hope that my noble friend will withdraw this report and go back to the drawing board. I also hope that we will look at the governance of this House and the way in which policy is determined to ensure that, in future, there is more involvement with the Members of this House, not committees and outsiders. I see that the Lords Commission has now taken away our Writing Room to provide extra staff accommodation. Expensive staff are being hired while, at the same time, we are told that we can no longer continue to support our traditional dress on state occasions. This really is not good enough. We should of course look for economies, but we should also look to maintain the long-established traditions of this place. The funny little ways in which we do things are part of our constitution and should not be interfered with by minorities.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, I wonder whether I might be allowed to speak. I am sticking my head above the parapet a bit here, as a member of the Procedure Committee. I do not anticipate that many other members of the committee, apart from the Senior Deputy Speaker, will particularly want to participate in this debate because it is a recipe for getting, as it were, a sharp slap. However, there are a couple of things about which I want to remind the House and which the Senior Deputy Speaker himself put forward in his opening remarks.

First, this proposition will be subject to review quite soon—soon enough for many of the issues that have been raised today to be taken into account. It seems unfair—I hesitate to say that, but I am feeling it slightly in that way—to accuse members of the committee and of the House administration and others of, in effect, acting in bad faith. That is the tone of some of the remarks that have been made this afternoon. I cannot see what possible benefit there is to either the committee or the people who support it in putting forward a proposal of this kind in relation to the voting which serves only their interests. What interests do they have apart from their wish to serve the House? With great respect to both my noble friends Lord Grocott and Lord Rooker, I feel it is quite wrong to suggest that all the decisions that have been taken by the Procedure Committee and then brought before the House have been a form of bouncing the House into taking decisions.

In particular, notwithstanding the fact that in respect of the matter of Questions I entirely agree—100%—with the analysis that my noble friend Lord Grocott put before your Lordships, what happened could hardly be described as bouncing. Every single Member of the House was invited to share their view. In my view the view that the House took through that entirely democratic method was somewhat misguided—but, none the less, that was the view it took and that was the decision that was implemented.

I just want Members today here in the Chamber to listen to what the Senior Deputy Speaker has said and what he will say before getting—frankly—carried away with a sense of righteous indignation and taking a misguided decision.

--- Later in debate ---

Tabled by

[Lord Forsyth of Drumlean]

At the end insert, “but considers that the word ‘shall’ in proposed new Standing Order 21(7A) should be replaced with ‘may’”.

Lord Forsyth of Drumlean’s amendment to the Motion not moved.