Northern Ireland (Executive Formation) Bill

Debate between Lord Forsyth of Drumlean and Lord Adonis

Committee: 1st sitting (Hansard): House of Lords
Monday 15th July 2019 Lords Chamber

[Lord Carlile of Berriew]

The noble Lord chided the number of lawyers taking part in this debate. I have certainly practised law, but, if I may say so, and with great respect, what he has just said shows how little he understands the law of which he has complained.

To turn back to the thread of what I was going to say, I have spent 34 of the past 36 years of my life as a Member of one and then the other of these two Houses of Parliament. I listened to the eloquence of my noble friend Lord Anderson with great attention. I must tell him that I am extremely reluctant to vote for his amendment because, as a parliamentarian of 34 years, I do not like to see the rules of the two Houses of one of the most distinguished Parliaments in the world used as part of a parlour game—as devices.

But then I listened to the noble Lord, Lord True, and, with great respect to him, I realised that the true democrats in this debate are the noble and learned Lord, Lord Goldsmith, the noble Lords, Lord Anderson and Lord Newby, and the noble Viscount Lord Hailsham, who tabled this amendment. My reluctance is overcome by my wishing, as they do, to sustain the law and sustain—I use that word advisedly because I am not ashamed of using it—the traditions and democratic role of this Parliament, including the role played by your Lordships’ House.

I fear that what is being advised to the Committee by the noble Lord, Lord True, and what appears to be in the mind of Boris Johnson, is to drive a carthorse through parliamentary procedure and simply leaves the debris as an acceptable part of what occurs. It shows that they do not understand the fundamental constitutional nature of the referendum and the process that followed it. It was not the duty of this Parliament simply to leave the European Union just like that. It was the responsibility of this Parliament, having been advised by the population in the referendum to attempt to leave the European Union in a way that did not destroy the economy or the political structure of this country. In my view, that requires the attention of Parliament to the very end, not the frustration of the law.

If I have to, I will reluctantly vote for the amendment, but it could all be resolved so simply. All Mr Johnson has to do is to pick up the telephone—with a witness or maybe several witnesses present, I hasten to add—and say to the noble Lord on the Front Bench, “I have been very badly misunderstood. I give a clear undertaking that I will not prorogue Parliament so as to frustrate the very purpose for which it exists”. Then I would not have to vote reluctantly for something that I do not really like.

[Lord Adonis (Lab)]

My Lords, the critical issue, which the noble Lord, Lord Forsyth, would not answer in my noble friend’s question, is whether he actually favours Prorogation. It is important that we get to the substance of the issue, which is very clear. Is it a responsible or legal act, in the view of the two Houses of Parliament, to ban Parliament from meeting to discuss the affairs of the nation in September and October? That has never happened before. The noble Lord, Lord True, said that there have been Prorogations in October. But there is a long-established convention to this effect. Prorogations are for a few days before the new Session of Parliament. The Library has produced a note that lists them all. They are of five days, six days or three days. In one case, it overlapped with the Whitsun Recess and was for 20 days. They have been of 12 days, seven days and three days—always for the purpose of preparing for a new Session of Parliament.

The noble Lord referred to the supposed controversy of 1948. There was no controversy in 1948. The two Prorogations to create the additional Session required by the Parliament Act 1911 lasted one day each. There was no controversy about the Prorogation. Of course, as the noble Lord, Lord Forsyth, said, there was controversy about the nationalisation of iron and steel. That was because the Conservatives did not want it and Labour did. It had been in the Labour manifesto and Labour sought to implement it. But there was no controversy about the terms of the Parliament Act 1911.

[Lord Forsyth of Drumlean]

The noble Lord, Lord Pannick, laid much emphasis on motive. The motive was to prevent the House of Lords blocking the nationalisation.

[Lord Adonis]

The motive was to pass a new Parliament Act amending the Parliament Act 1911 under its own provisions. An absolutely legal procedure was followed. It was pursued on the instruction, no less, of a huge majority in the House of Commons because it followed the 1945 election.

All these points are entirely spurious. The issue that the Committee needs to address is whether it is acceptable for Parliament to be banned by the Government from meeting in October when there are urgent affairs of state to be debated; namely, Britain’s membership of the European Union and what policies will be pursued in that regard. I am absolutely amazed that any parliamentarians think it appropriate to ban Parliament from meeting as a way of overriding what might be the will of Parliament if it does meet.

--- Later in debate ---

[Lord Forsyth of Drumlean]

The noble Lord is talking nonsense. I do not believe that Prorogation is an issue. He is quite right when he says that Parliament can change the law, but I do not believe there is either a majority or the time to change the law before 31 October. In doing so, many people would lose their seats, just as he failed to win his in the recent election because of his position.

[Lord Adonis]

That is a very silly debating point if I may say so. The key issue is that he said that he did not think Parliament meeting in September and October was a concern. In that case, what on earth are we arguing about anyway? The noble Lord, Lord Anderson, is seeking to establish in law that Parliament must meet in September and October. If the noble Lord agrees with that, why on earth are we having this argument in the first place?

The only other point that needs to be made—Boris Johnson is clearly considering this, otherwise these stories would not be running and we would not be in this situation—is that it would be a grave constitutional crisis if a Government were to ban Parliament from meeting for two months, for the whole of September and October. That is what would be involved. There is no modern precedent for that happening and no precedent in the past century for Parliament not meeting in October.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Debate between Lord Forsyth of Drumlean and Lord Adonis

Report stage (Hansard): House of Lords
Friday 15th March 2019 Lords Chamber

[Lord Adonis]

My Lords, that is a completely absurd intervention from the Liberal Democrat Benches. Of course democracy comes with a cost. The question is whether we are prepared to meet it. That is the whole issue. Of course I recognise that my amendment is absurd, but this is the key point. We are talking about amendments that the noble Lord tells us have to be minor changes to the current Bill. It is less absurd than the status quo, which is that the only people who will have a say are these 40 hereditary Peers. It is significantly preferable that the people of the country should have a say.

What I wanted to do was move to a fully elected House in the Bill. I wanted to do what I think is actually Lib Dem policy. I was told by the clerks that was beyond the Long Title. That is why I tabled the amendment. The only amendment that was acceptable was one that would make the election of hereditary Peers subject to the whole electorate. I could not do the really radical thing that I wanted to do, which is to have the election of Members of this House by members of the public from among members of the public—a revolutionary idea, but one we should be implementing.

[Lord Forsyth of Drumlean]

The noble Lord has stolen my thunder by admitting that his amendment is absurd and part of an exercise to try to talk this legislation out, which is a disgrace. I wonder what Brenda from Bristol would think of his proposition that 40 million people should vote for the hereditaries.

[Lord Adonis]

I think Brenda from Bristol might be keen to take part in this election, because she currently has no say over any Member of this House. For the first time, Brenda from Bristol would have the opportunity to nominate and vote for somebody to sit alongside the noble Lord, Lord Forsyth. She would give thanks to the noble Lord, Lord Strathclyde, and to me for making it possible, because under the independent Appointments Commission that the noble Lord, Lord Strathclyde, is proposing, Brenda from Bristol might well be nominated, whereas she stands very little chance of Mrs May noticing her, which is the only way to get into this place at the moment.

House of Lords: Sittings

Debate between Lord Forsyth of Drumlean and Lord Adonis

Thursday 20th December 2018 Lords Chamber

[Lord Adonis]

That does not affect the point that it is a parliamentary week. Of course, there is no reason whatever why we could not sit on a Friday. I am perfectly happy to sit on a Friday if the Government make time available and I am sure that other noble Lords would be too. Of course, we all put our duty to the country before our personal convenience. It would accelerate significantly our consideration of these important matters.

[Lord Forsyth of Drumlean (Con)]

Might I ask the noble Lord to return to the subject of his Motion? Given the empty Benches behind him, and given his inability to persuade his own Front Bench to support his Motion, what does he think the prospects are of the House of Commons taking any notice at all of his intervention today?

European Union (Withdrawal) Bill

Debate between Lord Forsyth of Drumlean and Lord Adonis

3rd reading (Hansard): House of Lords
Wednesday 16th May 2018 Lords Chamber

[Lord Forsyth of Drumlean]

Does the noble Lord not think that he should be rather more honest about his motives? For example, in January he tweeted this to Donald Tusk:

“We will probably hold a referendum on Mrs May’s Brexit terms before next March, so please work on the assumption that we will continue to play a central role in the future of the European Union”.


Is that not his real agenda? Is this all not just flim-flam?

[Lord Adonis]

I very much hope that happens, and I hope that the noble Lord, being a democrat, will support the holding of a referendum on the Prime Minister’s final treaty. However, that motivation does not guide us in our consideration of these amendments. Our role is to perform our duty as a revising assembly.

Finally, I want to say a word about the right wing of the Conservative Party, which is calling for our abolition because we are not acting as the unquestioning registry office of the views of Mr Paul Dacre, Mr Jacob Rees-Mogg, Mr Nigel Farage and, indeed, the noble Lord, Lord Forsyth. I am strongly in favour of House of Lords reform. I have consistently voted in favour of an elected second Chamber; if the present crisis leads to that, it would be a great gain for the country. An elected Chamber would be much more powerful than the present House and therefore much more able to stand up to Governments such as this one, with weak and non-existent mandates but big and damaging policies.

European Union (Withdrawal) Bill

Debate between Lord Forsyth of Drumlean and Lord Adonis

Wednesday 14th March 2018 Lords Chamber

[Lord Forsyth of Drumlean]

Far be it for me to argue with my noble friend, but this is not a matter of gender, it is a matter of procedure of the House. If one is able to read out other people’s speeches without limit, it creates a most extraordinary precedent. I hope those in charge of our procedures will consider whether it is something that should be repeated.

[Lord Adonis (Lab)]

There is no danger that anyone would want to read the noble Lord’s speeches on his behalf, so he need not worry and we can hear more from my noble friend.

[Lord Forsyth of Drumlean]

I am making a perfectly serious point, and I do not think anybody has appointed the noble Lord to decide on the procedures of this House.

--- Later in debate ---

[Lord Adonis]

May I take up the very generous offer of the noble Lord, Lord Callanan, that someone else read his speech? I am very keen to get hold of it, and I will make suitable amendments, including accepting the amendments moved this afternoon, which are excellent. I am also keen to get hold of the future speeches of my noble friend on the Front Bench. If we have a meeting minds on what I think will be the increasingly important issue facing the House—that of how the meaningful vote is conducted and whether there should be a vote of the people on the withdrawal treaty—and get to the right place on that, I hope we can live up to the injunction of the noble Lord, Lord Patten, that we uphold our democratic traditions. We clearly need to, given the gravity of the issues we face.

The noble Viscount, Lord Hailsham, said he thought that leaving the European Union was the worst decision taken by Parliament since the rejection of the Irish home rule Bills in the 1880s and 1890s. We all have our lists of the worst decisions taken by Parliament, but on Irish home rule I would note that the first home rule Bill was defeated by the House of Commons and the second by the House of Lords. We have not played an honourable part at all in the conduct of Irish affairs over the last 150 years. The second home rule Bill was possibly the last best chance of devolution to the island of Ireland as a whole, on an agreed basis, and was promoted by arguably the best Prime Minister —Churchill aside—this country has had in the last 150 years: Gladstone. That Bill was rejected in this House by 419 to 41 votes—nearly unanimously—on the recommendation of the then leader of the Conservative Party, Lord Salisbury, who said that the Irish were no more fitted to self-government than Hottentots and uncivilised tribes in Africa. We do not always get these decisions right as a Parliament and we need to pay very careful attention—as we seek to do now—to the frame in which we take these momentous decisions at the end of the year.

[Lord Forsyth of Drumlean]

Does the noble Lord not appreciate the irony of choosing the home rule Bill as an example? This Bill is about restoring home rule to Britain from Europe.

[Lord Adonis]

What Gladstone showed so brilliantly is that it is possible to share sovereignty both within your nation and between nations. Gladstone was a great champion of the concept of Europe and, indeed, of international arbitration, which he pioneered to a significant extent.