Lord Gardiner of Kimble
Main Page: Lord Gardiner of Kimble (Non-affiliated - Life peer)Procedure and Privileges
Lord Gardiner of Kimble Excerpts
The Senior Deputy Speaker
That the Report from the Select Committee Debates before second reading in Grand Committee; Update on pass-reader voting; Leave of absence (5th Report, HL Paper 122) be agreed to.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, I beg to move that the first Motion standing in my name on the Order Paper be agreed to. The most significant item covered in the Procedure and Privileges Committee’s report is our proposal to formalise a procedure for holding debates before Second Reading in Grand Committee. This change has been proposed by the Leader of the House and the Government Chief Whip, whose letter is annexed to our report.
We expect that the procedure will be used infrequently and for less complex and less controversial Bills to assist in business management. If a Grand Committee debate has been held before Second Reading, it would be expected that the Second Reading Motion in the Chamber will be taken formally.
The proposal is supported by the usual channels. The procedure itself will be used only following consultation with the usual channels and with the agreement of the House through a Business of the House Motion.
The other change proposed in our report, which gives rise to the second Motion in my name, is to amend Standing Order 21 on leave of absence to establish a process for refusing or terminating leave of absence where this is necessary for conduct purposes.
We made a similar recommendation in our third report in October, but, after the debate on pass-reader voting on 25 October, I withdrew my Motion to agree the report. We have now reflected further, including on the amendment tabled in October by the noble Lord, Lord Forsyth of Drumlean. We have decided to accept his amendment, and so the proposed new paragraph in Standing Order 21, as set out in the second Motion standing in my name, now says that the House “may” refuse or terminate leave of absence, not that it “shall” do so.
Finally, the report provides a further update on our thinking on the introduction of pass-reader voting. I seek no decision at this time but hope that this outline of our thinking will be of assistance to noble Lords. I beg to move.
Lord Grocott (Lab)
My Lords, I put on the record a specific point and a couple of statistics relating to the debates before Second Reading in Grand Committee, to which the Minister referred. I note that this measure was proposed by the Leader of the House and the Government Chief Whip, and relates to government Bills. I can see the case for—and certainly do not wish to oppose—making greater use of Grand Committee. This has been a fairly consistent theme over a number of years and, by and large, successful. If we can deal with more business more effectively, while still keeping to proper scrutiny, that is all to be desired.
Under this same procedure, the Second Reading debate can take place in Grand Committee and then has to be accepted by the House in the normal way; the House can still take possession of it should it wish to do so, but the debate is in Grand Committee. My question to the Minister is this: why does this proposal apply only, as I read it, to uncontroversial government Bills? It does not apply to Private Members’ Bills. I think that it should, and I would like the Procedure Committee to look at the case for that, particularly given the frankly shocking record on Private Members’ Bills.
I have corresponded with the Senior Deputy Speaker in the past about the shockingly low record of success for Private Members’ Bills that start in the Lords. For example, in the two-year Session 2019-21, 86 Private Members’ Bills were presented in this House. None of them received Royal Assent; in other words, none got through all the stages. Very few even get as far as the Commons—of course, we have no control over that. To take it even further, in the eight years since 2014, 363 Private Members’ Bills have been first introduced in the House of Lords. Of these, three have received Royal Assent; that is three in eight years, or an average of roughly one every three years.
One way of looking at this is that almost a deception is being practised on the public. All these Bills are being introduced with virtually no chance of success. Some, of course, do not deserve success, but one or two that spring to mind deserve acclamation.
Whatever one’s views about individual Bills, as the Senior Deputy Speaker said, this procedure would apply only to non-controversial Bills; it would have a limited application. But I can think of no good reason why we should not adopt this procedure for Private Members’ Bills. It would facilitate more of them getting through, earlier in the Session—and the earlier in the Session any Bill gets dealt with, the better its chances of getting through the various stages and into the Commons, where it stands a much better chance. I ask the Procedure Committee to look into this modest proposal, and hope for a successful outcome.
Baroness McIntosh of Pickering (Con)
My Lords, will the Senior Deputy Speaker consider the very appropriate plea from the noble Lord, Lord Grocott, for the greater use of the Grand Committee Room for Private Members’ Bills? I was extremely fortunate to have a private Member’s slot very high up on the ballot last year, but of course, because of the Covid constraints on the timetable, no Private Members’ Bills were taken. These Bills have been used as an extremely successful mechanism in the other place when the Government have wanted to see a minor change to the law and have used a Private Member’s Bill for that purpose.
I support the comments made by the noble Lord, Lord Foulkes, about those of us who have our main home outside London.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, I am most grateful to all noble Lords who have spoken. Some have perhaps used the opportunity to go a little wide of the report, but that is no matter because, in a sense, I would say very strongly, it provides an opportunity for ensuring that this House is contented and harmonious and works successfully.
The noble Lord, Lord Grocott, raised the point about the use of the Moses Room. There is actually nothing in the report that says that this applies only to government Bills; as I have said, it is clearly a matter for the usual channels and the House to agree. From that point of view, there is nothing in the report that says it is just for government Bills. As we know, all Private Members’ Bills go through journeys that involve the other place as well, and many Bills that have gone from this House have not being successful in their journey through the other place—but the points are noted.
The noble Lord, Lord Cormack, raised a point about time changes. I am afraid I did not know about them but, from my work with the usual channels and the Government Chief Whip, I do know that every attention is given to making these matters straightforward. If times were changed, I am sure that that was not with intent but from necessity. What is clearly important in what the committee sought to ensure in the choice of Bills, following the letter of the Leader and the Government Chief Whip, is that they should be less complex and controversial, and should have the agreement of the usual channels. So I think it is understood, in this proposal, that great care will be taken on that.
On Tellers, it was clear from what was—yes—my baptism of fire, that the House feels strongly about the probity and importance of Divisions when we are in the right position. We are meeting as a committee on 17 January, but I think it is fair to say that, in the current circumstances, we should not be returning to the Lobbies. However, we will obviously need preparatory work and consideration on these matters.
The noble Lord, Lord Foulkes, mentioned being outside London. In another life, I spent quite a lot of time supporting rural interests and interests beyond the metropolitan mindset—some people may say metropolitan “elite”. It is desperately important that this House is drawn from across the United Kingdom. That is one reason why the start time on a Monday has always been designed to enable Peers from all parts of the kingdom to assemble here. The point is that this is an assembly; it is where we gather and where we all have the privilege of being able to have this discourse. As I live in Suffolk—not as far away as the noble Lord—I have intense sympathy with him on the interests of Peers making their contribution while living outside London and its environs.
The noble Lord, Lord Forsyth, raised the use of the Moses Room. Again, it is clearly important that this is used in a proportionate manner. I am very conscious of that in the context of scheduling business, as I know is the Government Chief Whip, particularly in these times when many noble Lords want to make a contribution.
The noble Baroness, Lady McIntosh, also raised Private Members’ Bills. I have taken all these points on board but, so far as the committee’s fifth report is concerned, I commend it to the House.
Lord Grocott (Lab)
My Lords, before the noble Lord sits down, he threw me slightly by saying that this applies to Private Members’ Bills as well. Having reread the letter from the Leader of the House and the Government Chief Whip, I think I can be forgiven for not seeing that. The Senior Deputy Speaker is quite right that they do not specifically mention government Bills, but one could reasonably assume, in a letter from the Government Chief Whip and the Leader of the House, that in the front of their mind are government Bills. So if, as he says, from now on people presenting Private Members’ Bills, who normally have to negotiate with the Government Chief Whip about a suitable Friday when a Second Reading can be held—it is often a very long wait—will have this new procedure whereby the Second Reading can be held in the Moses Room, that should be clearly explained as an option to everyone who is successful in the ballot for Private Members’ Bills, and indeed to people who present Bills that are not necessarily in the top 20, or whatever it is. What he is suggesting is a new procedure to most Members and I urge the Procedure Committee to ensure that Members are fully aware of that option when they are successful in the ballot on Private Members’ Bills.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
I must reply by making it very clear that this procedure is for less complex and non-controversial pieces of legislation. That is why there is this safety valve for all of that.
Viscount Stansgate (Lab)
My Lords, forgive me. The point I was raising was whether a Member can speak at Second Reading in the Chamber and in the Moses Room subsequently, even though it would be counted as one general debate.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
I owe the noble Viscount an extreme apology: I was going through my list and omitted my answer—which is yes—because it was so short. The said Peer is able to participate in both.