Draft Mental Health Bill Committee
Lord Foulkes of Cumnock Excerpts(2 years, 4 months ago)
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Lord Foulkes of Cumnock (Lab Co-op)
I wonder if it is possible to ask a question on this. This is a good way of dealing with a Bill. Why is a similar procedure not being followed for the Bill of Rights?
Earl Howe (Con)
My Lords, the Bill of Rights fulfils a key manifesto commitment of the Government. We have already conducted a thorough and detailed consultation on it, which is why we think it right to introduce the Bill now and let the whole House debate it. Having said that, I am sure my right honourable friend the Deputy Prime Minister and my noble and learned friend Lord Bellamy would be pleased to engage with the noble Lord, other noble Lords and the relevant Select Committees as the Bill makes its way through Parliament.
Business of the House
Lord Foulkes of Cumnock Excerpts(2 years, 8 months ago)
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Baroness Smith of Basildon (Lab)
My Lords, I wonder whether the noble Baroness could say a bit more about the Motion before the House. My understanding is that that Motion, which we are not opposing, means that on three Tuesdays the House should sit at 11 am, for long sittings. I point out to your Lordships’ House that the House is now sitting longer and later than at any other time I can recall, either in my time in this place or beforehand.
As an official Opposition, we do not stand in the way of the Government managing their business and getting their business through—but there is a limit to what we can be expected to do. It says in Today’s Lists, “The House may sit late”. The Minister is shaking her head, so I hope she will be able to confirm that that is not the case. Too often this House has been asked to sit far later than is reasonable for good governance and good legislation.
If we are to start at 11 am on those three days, I would like an assurance from the noble Baroness that we will not sit past 10 o’clock. We do not oppose reasonable attempts by the Government to get their business through, but this macho style of government, whereby we have been here until 2 o’clock and 3 o’clock in the morning, and have regularly sat past midnight, is not the best way for us as a House to play our role as effective scrutineers of legislation in the appropriate way. I say that not in a party-political way, but in the interests of this House doing its job properly. Looking at the timings for the Report stage of the Elections Bill, we see that we have already been asked to get that through in three consecutive days. That, too, seems unreasonable to me.
All I would say to the noble Baroness is that although we do not oppose the Motion, we would like an assurance that the House will not be having regular late-night sittings to deal with what is really an overcrowded government timetable.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, we cannot let this go through without a proper debate, and I strongly support my noble friend Lady Smith on the Front Bench. This is unprecedented. I spent 26 years in the other place and I have been here for more than 16 years now—and I have never seen this happen before. Can the Leader of the House tell us whether it has ever happened before? The Government have totally lost control of their business. Why? What is the reason? The Leader of the House may say that Covid did not help, and it certainly did not, but the real trouble is the confusion at the top of government. There is total confusion about the whole process of legislation, and there are more U-turns than in an Isle of Man TT; it is unbelievable how many there have been.
I also object because the Motion means that we will be meeting every Tuesday morning. Select Committees that we serve on meet on Tuesday mornings, and they will clash with this. It is making a total mockery of business. The Government Whips are always quoting the Companion at us. We saw that yesterday, or the other day, in a despicable way, which I hope that we will hear more about later in our business. We keep having the Companion quoted at us, yet it says that our business should be finished by 10 pm—whereas, as my noble friend Lady Smith said, we have been going right through to the early hours of the morning. Indeed, we went into the early hours yesterday.
Noble Lords
Lord Foulkes of Cumnock (Lab Co-op)
Indeed, it was this morning. This is quite disgraceful, and I wait to hear whether the Leader of the House can cite any precedent for it. The Government need to get proper control of their business, so that we do not end up with this kind of ridiculous situation.
Covid-19
Lord Foulkes of Cumnock Excerpts(2 years, 10 months ago)
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Lord Ashton of Hyde (Con)
My Lords, we have not had anyone from the non-affiliated Benches yet.
Baroness Fox of Buckley (Non-Afl)
My Lords, there is a slight panic in the House about the non-affiliated. I am glad to hear a new emphasis that lockdown is not cost-free, but that devastating toll is present with these restrictions too. Can the Minister comment on whether there is an impact assessment on, for example, working from home guidance and effectively closing down city and town centres and the impact that this has on jobs and livelihoods for the people who work there? On the pressures on the NHS, is there more detailed evidence of how many people are actively being hospitalised by this new variant of Covid rather than being in hospital already and testing positive for it? That is not at all clear in the Statement but it makes a difference as to how frightened people might be of it.
Arrangement of Business
Lord Foulkes of Cumnock Excerpts(2 years, 11 months ago)
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The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
I thank the Lord Speaker. As he rightly said, from today Oral Questions will no longer have a speakers’ list. I will briefly set out on behalf of the usual channels how Question Time will work.
With no lists there will be no agreed speaking order, so supplementary questions will rotate around the parties and groups in the Chamber. Those noble Lords who are permitted to take part virtually may do so in Questions provided that they give notice. Like Members in the Chamber, they are not guaranteed a chance to speak; whether they are invited to do so will be agreed in advance with their parties and groups. During Questions, at an appropriate point I will indicate that the House will hear virtually from a Peer belonging to the party or group whose turn it is.
As noble Lords observed in last week’s debate, the spontaneity of Question Time plays an important part in the House holding Ministers to account. However, some Peers have said that they did not feel as comfortable joining in with Questions. Therefore, as the Senior Deputy Speaker observed, it will be incumbent on all Members to respect the House’s tradition of self-regulation, mutual respect and courtesy. As part of that tradition, it is important that during Question Time the House hears a range of views and from as many Members as possible in the time allowed. Rather than return to the previous seven minutes for each Question, we are now allowing 10 minutes. That should mean that at least 10 supplementary questions can be asked and answered, which I hope will ensure that the House can hear from Members on all sides of any issue.
As noble Lords are aware, the Companion sets out that Ministers’ initial replies should be brief and no more than 75 words and that subsequent replies should also be concise. The Companion also states:
“Supplementary questions should be short and confined to not more than two points.”
It goes on to say that supplementaries should be
“confined to the subject of the original question, and ministers should not answer irrelevant questions. The essential purpose of supplementaries is to elicit information, and they should not incorporate statements of opinion. They should not be read.”
In brief, that means that all supplementaries should take about 30 seconds and ministerial replies should be correspondingly short. I hope that noble Lords will observe these courtesies to ensure that Question Time works for the whole House.
Lord Foulkes of Cumnock (Lab Co-op)
I wonder whether we can ask a question. Why can we not ask a question?
Health and Social Care
Lord Foulkes of Cumnock Excerpts(3 years, 2 months ago)
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Baroness Evans of Bowes Park (Con)
I am afraid I will have to get back to the noble Baroness on that.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, under cover of this announcement, the Government broke another manifesto promise by abandoning the triple lock on pensions. With the costs of energy and food projected to rise substantially, how are pensioners who depend on the basic pension going to survive?
Baroness Evans of Bowes Park (Con)
I am sure the noble Lord will understand that, given the statistical anomaly that has led to average wage growth being 8%, it is just not fair to raise pensions by this figure. For one year only we are moving to a double lock and increasing pensions by the higher of inflation or 2.5%. We will then return to the triple lock. Since the triple lock was put in place in 2011, the state pension has increased by 3% a year; it is now at its highest level relative to earnings for 34 years. The number of pensioners in absolute poverty has fallen by more than 200,000 in the last decade. I do not dispute that this will impact some people, but I think that, for one year, in the light of everything the country has gone through, it is fair and people will agree with it.
Business of the House
Lord Foulkes of Cumnock Excerpts(3 years, 5 months ago)
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Lord Ashton of Hyde (Con)
My Lords, on behalf of my noble friend the Leader of the House, I beg to move the Motion standing in her name on the Order Paper.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I do not know whether this is the appropriate time to ask, but I will do so nevertheless. I know that the Government Chief Whip, with his usual courtesy, will be able to answer.
We all recognise the importance of getting these measures through as quickly as possible. We realise that this will have an effect on the way this House operates; no doubt the noble Lord will speak to us about that at some point. He will be aware that there is some concern about the way in which the House is dealing with the Committee and Report stages of Bills and the inability of Members who are present to intervene and to participate fully.
The Procedure Committee should look at this. It would be possible for a change in the rules of procedure to give the people present the right to intervene, whereas those not present would have to accept that it would be impossible, technically, for them to intervene. This would make Committee and Report stages much more useful and meaningful for all sides of the House.
This could be done without any difficulties as far as public health is concerned. It would not affect public health measures in any way, but it would greatly improve the way in which this House carries out its functions to scrutinise legislation—which, as the Chief Whip knows, is one of the most important matters this House deals with.
When I have sat in on Committees, I have heard a number of Members on all sides of the House ask about this. I wonder whether the Chief Whip, the usual channels and the Procedure Committee could have a look at this and see whether something could be done about it.
Lord Ashton of Hyde (Con)
My Lords, obviously I am aware of the point the noble Lord has raised; it is something the Procedure Committee has looked at before. Although there are technical difficulties, I am sure it is not beyond the wit of man to come up with some kind of solution.
The regulations we are debating today, although they do not directly affect this, do affect the arrangements of this House going forward. It is unlikely that we will change the procedures. Obviously, it is not my decision—ultimately it is a decision of the House—but this will be discussed at the Procedure Committee. We are going to look at when we might be able to return to a more normal, physical House—subject to social distancing and health advice, of course. Obviously, all of that has to be taken into consideration. The current likelihood is that we will continue with our current arrangements, or thereabouts, until the Summer Recess—but that is not a guaranteed position. It has to be decided, but in my opinion that is likely.
It is acknowledged that most Members on all sides of the House take seriously the intervention stages—the amending stages—of legislation. I will report to the Senior Deputy Speaker what the noble Lord has said. When we have a meeting, we may be able to discuss that, but it is unlikely to change before we come back in September.
Business of the House
Lord Foulkes of Cumnock Excerpts(3 years, 11 months ago)
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Lord Foulkes of Cumnock (Lab Co-op)
My Lords, I participated in a debate in the other House when Parliament was recalled when the Falkland Islands were invaded. However, since I came into Parliament in 1979, through the Falklands and through the resignations of Prime Ministers and all sorts of other crises, I have never known such chaos as we have at the moment. The chaos is not because of the epidemic—in fact, this House has dealt with the Covid epidemic very well and is operating very well, and I pay tribute to all involved—but is the man-made chaos of Brexit. It really is astonishing that we are dealing with this. I endorse everything that my noble friend Lady Smith of Basildon said. It is astonishing that this House, and this Parliament, are dealing with it in this way.
Nevertheless, I take this opportunity of wishing everyone, and particularly the Leader of the House—because she does deserve it—a very merry Christmas.
The Lord Speaker (Lord Fowler)
Does anyone else wish to speak? No. I call the Lord Privy Seal.
House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]
Lord Foulkes of Cumnock ExcerptsFriday 13th March 2020
(4 years, 8 months ago)
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Lord Trefgarne (Con)
My Lords, I start by recognising that there is of course room for more than one perspective and view on this matter, particularly against the background of the work done by the noble Lord, Lord Burns, about which we have just heard.
Lord Foulkes of Cumnock (Lab Co-op)
As a great friend of the Companion, would the noble Lord like to declare his interest under section 11(b) of the Members’ Code of Conduct? Irrespective of what the noble Lord, Lord Strathclyde, said about his possible demise, there is a much wider interest.
Lord Trefgarne
I am not aware of the interest that the noble Lord wishes me to declare, but I have been here a long time. That said, the problem which the Bill addresses relates to the number of Members in the House, which the noble Lord, Lord Burns, has been working on. On a single day back in 1999, 700 hereditary Peers had to leave the House. Since then, their numbers have remained firmly fixed. Meanwhile, the number of life Peers has significantly increased.
Be that as it may, the essence of the case against this Bill relates to the undertaking given by the noble and learned Lord, Lord Irvine of Lairg, then the Lord Chancellor, who gave a clear undertaking that the position of the 92 hereditary Peers provided for in the 1999 Act would remain untouched until, in his words, House of Lords reform was complete. No time limit was given to that undertaking. In 2012, as we have already heard, the coalition Government introduced in the other place a comprehensive House of Lords reform Bill creating a mostly elected House of Lords, which sadly never emerged. I would not have opposed that Bill in principle, although there were a few questions relating, for example, to the number of Bishops who ought to remain.
I have referred to the present number of life Peers. I would not in principle oppose legislation as described by my noble friend Lord Strathclyde, to provide for a statutory independent committee to select new life Peers rather than leaving it in the hands of the Prime Minister as at present. I could of course be persuaded that the hereditary Peers should then leave. In the meantime, I believe that the present arrangement should remain in place and I therefore hope that this Bill will not reach the statute book.
On one detailed point, the Bill as now proposed by the noble Lord, Lord Grocott, does not include provision for the two statutory hereditary Peers, namely the Lord Great Chamberlain and the Earl Marshal, to which he has previously agreed, as I recall. I hope that that can be corrected if the Bill is to proceed.
I remain opposed to piecemeal reform and therefore to this Bill. I hope that comprehensive reform can come to the House in due course, which I shall not oppose. In the meantime, let us leave the hereditary Peers as they are.
House of Lords: Future Location
Lord Foulkes of Cumnock Excerpts(4 years, 10 months ago)
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Lord Foulkes of Cumnock
To ask Her Majesty’s Government what consideration is being given to relocating the House of Lords out of London.
Earl Howe (Con)
My Lords, the Conservative Party manifesto committed to looking at the role of the House of Lords and to reviewing the relationship between the Government, Parliament and the courts in a constitution, democracy and rights commission. The Government have not yet decided what will be in the scope of the commission and whether it will include the role of the House of Lords but we will make an announcement in due course.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, that does not answer the Question. Can the Minister confirm the reports that No. 10 has said that this is a serious proposal? No. 10 also says that it is one of a range of options being considered. What are the options? Will the Minister outline them? Do they include moving both Houses, which I would prefer, and how does he reconcile all this with the billions now being spent on the restoration and renewal programme of this building?
Earl Howe
My Lords, I know the noble Lord to be a powerful advocate for the idea referred to in his Question. On the one hand, it is the case that some years ago, the Joint Committee on the Palace of Westminster looked at the option of Parliament moving outside of London and decided against it, principally on grounds of cost and the absence of proximity between Parliament and government. On the other hand, there is no reason why these matters should not receive renewed scrutiny and, as I have said, the options are being looked at.
Constitution, Democracy and Rights Commission: Civil Society
Lord Foulkes of Cumnock Excerpts(4 years, 10 months ago)
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Earl Howe
My Lords, I wish that I could help the noble Lord, but it is simply too soon for me to be able to comment on that. As we heard in the debate in your Lordships’ House last Wednesday, the subject matter under the umbrella heading of the constitution is potentially very broad, so decisions are needed on exactly how broad the commission’s remit should sensibly be.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, since the remit is still unsure and has not yet been decided, will the Minister ask for the consideration of a federal constitution for the United Kingdom to be included in the remit, before we see the breakup and the removal of Scotland and Northern Ireland, which is imminent unless we have some kind of federal constitution?