House of Lords: Governance

Lord Hamilton of Epsom Excerpts

Wednesday 8th December 2021 Grand Committee

[Lord Hamilton of Epsom (Con)]

My Lords, it seems a very long time ago that the Senior Deputy Speaker opened this debate, which he did with the question of who runs this House. With all due respect—which means I disagree with him—I think he should have asked who owns this House, because we do. My noble friend Lord Eccles raised the question of whether we are like a limited company—no, we are not, and we are not like a charity, such as Samaritans, the chair of which authored the External Management Review.

We are more like a partnership, and noble Lords are all the partners in this business. Everybody else serves us—they are our servants. So, when the noble Lord in his opening remarks said that we are run by this committee and that committee, we have appointed those committees. We must always remember that they would not be there if we had not passed some Motion through the House to ensure that they were there.

Perhaps the problem is that they have taken on a life of their own and have not become as accountable as they should be to us, the Members in this House. I cast my mind back to when it was decided that we should no longer have retired three-star people from the Armed Forces as Black Rod. It is interesting that that decision was taken. Who took it? I do not remember being consulted on the issue. I think it is rather important that we have an input as to who Black Rod should be. When the new Black Rod we have now was appointed, many of the powers of Black Rod were transferred to the Clerk of the Parliaments. When we read the External Management Review, it says that the Clerk of the Parliaments is overloaded with responsibilities, so it does not seem to have been a very clever move; therefore, the justification for having a Chief Operating Officer was because the Clerk of the Parliaments was overloaded.

Personally, I get a bit disturbed when we start creating new posts costing tens of thousands of pounds, because one of the remits of the external management review was to save money. I have to tell noble Lords that we will not save money by creating new people in big positions such as Chief Operating Officer. Therefore, the question I have for the Senior Deputy Speaker is this: did we consider reinstating the powers and building up the position of Black Rod so that they could take over many of the new responsibilities that have been given to the Chief Operating Officer? Had that happened, I think we would be in a very different position today.

As it is, we have had this report from the man who runs the Samaritans—I used to be a Samaritan. I was rather surprised because, had he written a report similar to this for the Samaritans, he would have started out with a mission statement as to what the Samaritans are all about. You need mission statements at the beginning of long, complicated reports because they become referral points as to whether you are actually doing what the mission statement says. Our mission statement should be quite short and simple: it should be that we hold the Government to account and try to improve legislation as it passes through Parliament. That would be quite enough and we would have something to refer back to but, as my noble friend Lord Strathclyde said, there was no mention in this External Management Review of the Members. It should have mentioned the Members because we own the whole of this outfit, and the whole point of what this House is doing is that we should be served properly to meet the mission statement of what we are trying to do.

What I shall do, if it is all right with the Senior Deputy Speaker, is give him a bit of advice. We have to get much more open about what is going on and get away from this concept that things are being done in our name without our having any input whatever into what happens. I think that he should come to our House at least twice a year and do two things. First, he should produce proposals. If there is tremendous controversy about whether the clerks should wear wigs and what uniforms they should be in, why do we not have a stimulating debate on it? There are obviously arguments on both sides: I am sure the clerks will claim that they are hot and sticky and expensive to maintain but, on the other hand, my noble friend Lord Howard of Rising thinks that they are part of our tradition and we should go back to them. Let us debate it and make the decision on the Floor of the House, then everybody will be happy because we all abide by democratic decisions. I think that, when he has radical proposals, he should bring them to the House and we should debate them and vote on them, not slide them through as orders on a Monday when the thing has only been put down on a Thursday afternoon and nobody has noticed. Give us early notice, give us the facts at our fingertips and let us debate and make a decision on it. We believe in democracy, and that is what we should do.

The other problem with the Shephard report, as the External Management Review says, is that it made endless recommendations but none of them were followed through. So the Senior Deputy Speaker should also produce progress reports on decisions that have already been taken and are taking time to get through to say how well they are doing. We need much more openness about the way we operate. I think that the Senior Deputy Speaker will then get the support of Members of your Lordships’ House for what he wants to do.

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[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My Lords, this has been an illuminating and instructive debate. A lot of ground has been covered. I am not going to be able to respond to all the detailed points, inevitably. That may please your Lordships but I do not want any noble Lord to think, because of the very detailed and important points that have been made, that I have not made a note, because I definitely have. We need to work on them.

The noble Lord, Lord Strathclyde, mentioned interest. I actually think that we should up our game. All noble Lords are here because they have a deep commitment to this House and what it does for this nation. I am looking at a lot of people who have served the public interest for a very long time. Our job and task, in my view, is to be the custodians of our generation and hand over a House that can continue the absolutely vital role I believe it needs to fulfil for our country.

The noble Baroness, Lady Noakes, referred to self-regulation. In point of fact, we had a consideration only last week of how, as a House, we wanted to proceed in terms of self-regulation. I believe that it is a very cherished principle and a sign of the maturity of this House.

The noble Baroness, Lady Bennett of Manor Castle referred to, sort of, anarchy—I believe that our self-regulation is about a responsibility that we all have to maintain order and ensure that business is conducted properly. I think it is incumbent on all Members to respect the House’s traditions of self-regulation, mutual respect, forbearance and courtesy. I have been looking very carefully at the conduct of Question Time, and I think that what was missing—that vibrancy—has in fact come about. I very much hope that those noble Lords who were concerned about this will, with time, agree—the noble Baroness is shaking her head, but I think she should give this a little longer rather than taking a view only three days in.

When it comes to the governance of the House, there have to be formal arrangements. We obviously have the custodianship of public funds and powers that are vested appropriately in staff such as the Clerk of the Parliaments and indeed committees, such as the commission. I have noted the point about the commission. I have to say that, having been at Defra for six years, I came back and suddenly found that there was a commission, and I am now seeking to work within the commission, but also to make this House breathe. One thing that I felt very strongly about, in accepting this great honour, is that our purpose is to make the House flourish, not ensuring that the reverse happens. My experience—I am so glad that the noble Lord, Lord Touhig, is here and, indeed, during the passage of this debate, members of usual channels, all of them very busy—is that there is not a single person I know of both Members and staff who does not wish the very best for this House; they are united in that purpose.

So, we need to do better. We need to do better not only in our internal communications with noble Lords but in the very important point, in my view, that has been raised by the noble Lords, Lord Haselhurst and Lord Wei, and the noble Viscount, Lord Stansgate, at the end about ensuring that the House of Lords is represented properly and fully in the national discourse. That is where we should be promoting the work that we do. That is why I want to highlight the tireless work of staff in promoting the work that your Lordships undertake. Everyone always looks at the dark side, unfortunately, but since our return from the Summer Recess, there have been 2,968 print or online articles or broadcast features about the work of the House of Lords committees, a clear reflection on the experience and expertise of the House.

I also want to say something to the noble Baroness, Lady Buscombe. I absolutely am in tune with her that we need to ensure that we engage with the widest range of talent to come to work in the House from all members of the public and all parts of the country. We need to be open and professional, and all of us—I know that everyone here does—need to treat everyone with courtesy and respect.

I have a great sheaf of questions to answer, which will be impossible in the time, but I want to run through some very important features of what has been discussed. The noble Lord, Lord Haselhurst, referred to joint working with the House of Commons catering service. That is tremendously important; I know that our catering and retail services collaborate very effectively in joint working. Indeed, the senior management of both teams meet weekly to share best practice, ideas and solution and to ensure that we align strategically and operationally—gosh, that is quite a lot of jargon, but I hope that noble Lords will understand what I mean. It is valuable that the noble Lord, Lord Touhig, is here as he chairs the Services Committee. These are areas where this collaboration can enhance what we have and ensure that noble Lords are well equipped with what they need. Digital was mentioned in particular, I think, as another success of innovation.

Fire evacuation was mentioned. I mentioned in my opening remarks that the Services Committee has that under review and consideration. If noble Lords are concerned about any issues of that variety, I know that the noble Lord, Lord Touhig, and the Services Committee actively want to ensure that the House has the services it requires.

The noble Viscount, Lord Eccles, referred to two excellent reports. I attended their webinar launch, and the Government will respond in due course. They highlight the fine examples of what the House does best: detailed, expert, cross-party scrutiny of issues of national importance. I always think it is a great mistake to give an uninformative answer, whether to an Oral Question or a Written Question, because all it does is invite further questions, so my encouragement is always to answer the question.

The noble Lord, Lord Wei, mentioned innovation again. I am not very technical myself, but I am committed to the view that we should be road-testing laws, as he mentioned. I am glad, for instance, that the Liaison Committee has yet again proposed a post-legislative scrutiny committee.

The noble Lord, Lord Strathclyde, referred to confidence. One reason why I think that this debate, which we will carry on by varying forms, is essential is because I want this House to be confident of itself. I am not sure that I feel part of an ownership of the House of Lords; I see us as custodians of a hugely important institution. It is of enormous import. I certainly see confidence as part of my responsibility: to work with noble Lords to make sure that they are confident in how this House is run.

A number of points were made about catering accounts and access to GPs. They are all matters I will be working on with the noble Lord, Lord Touhig.

Questions of workplace culture were raised by several noble Lords. The point has been very much hoisted, I assure noble Lords. Obviously we must all treat everyone, staff members, individually and collectively, with respect. We need to attend to how that can best work for noble Lords.

The noble Baroness, Lady Harris of Richmond, mentioned this: if there was ever a need to have hybrid working, for whatever reason, the technology is there, but this would need to be agreed by the House.

The noble Lord, Lord Shinkwin, referred to a number of matters. My door is, as they say proverbially, open, as is the Lord Speaker’s. Noble Lords are not employees and are not salaried, but we want to ensure that all noble Lords can participate. That is why I am very pleased that we were able to work a system that has enabled virtual contributions for Members with long-term disabilities. At its meeting next week, the commission will also consider the issue of allowances claimable by Members with long-term disabilities who participate remotely.

A number of points were made about consultation—another word I have taken back. I say to the noble Lord, Lord Taylor of Holbeach, that that was one of the considerations I took back from 25 October, and before that. I think it was the noble Lord, Lord Rooker, who used the word “bounced”. I am determined that noble Lords are not bounced in any proposals that I am responsible for bringing forward. Unless it is an emergency, when it would be commonsensical that something had to be dealt with promptly, there will be proper time for noble Lords to digest and come back. I also pick up the point that, before it gets into that tube, an understanding and a consensus should be growing around a particular subject, because I assure noble Lords that I do not want to take back reports that have involved a lot of work because noble Lords were very unhappy about them. That is a waste of everyone’s time. I say that very strongly.

R&R was mentioned, including by the noble Lord, Lord Cromwell. Again, this is a key factor for our House and the other place which we must deal with responsibly. The figures are enormous. The chair of the Finance Committee—the noble Lord, Lord Vaux—was here earlier. This is a matter on which he and I and other noble Lords that are dealing with this matter, with responsibility from the House of Lords, are very concerned about.

The noble Lord, Lord Balfe, raised a point about allowances. This is a matter for the commission. The current system is not perfect, but it was felt at the time that the better option was to put in place a simpler and clearer scheme, rather than one that was increasingly complex, bureaucratic and could get us into difficulties. I do not want to say any more than that.

The noble Lords, Lord Balfe and Lord Davies of Brixton, and the noble Viscount, Lord Stansgate, spoke about the role of the COO. This decision was made before my time, but I understand that it was to bring greater capacity and, indeed, a range of experience. As I said specifically, this is not to do with our affairs in the Chamber or committees. Frankly—I can say this, but the Clerk of the Parliaments could not—this is about the enormous burden of responsibility we place on the Clerk of the Parliaments and to ensure that his role remains possible with all the other responsibilities he has. That is very important. I obviously want to ensure that we have the results and success that we all want from that appointment. One thing I will say off-script is that when I looked at some of our arrangements for management and administration, I thought there was quite a lot of streamlining and work still to be done. Doing that in those areas would be for the benefit of the House in terms of value for money and perhaps getting a less bureaucratic—I might even say Byzantine—system.

The noble Baroness, Lady Noakes, raised a point about the intent of the commission. I have attended those meetings since May, and I have never at any moment thought that our consideration—whether internal or external members, or individually or collectively—did anything but work for the best interests of the House and, of course, for the public we serve. I would also say, again in my experience, that the privilege of working with the administration and management is their focus on wanting to support and strengthen the House.

Two noble Lords raised the interesting question of why we have both a Finance Committee and Audit Committee. That came out of the Leader’s Group on Governance chaired by the noble Baroness, Lady Shephard. It was considered by the House Committee at the time and approved by the House, but this is obviously something I want to work through.

The noble Lord, Lord Desai, and others mentioned the Bishops’ Bar. Having used it all the time I have been here, I know that it is very highly regarded. This has been the subject of a Members’ survey; it is under active consideration by the Services Committee, which is keen to hear noble Lords’ views on this matter. We have to accept, with the current arrangements, that the Bishops’ Bar is a very small space; that is probably why we like it. But it is currently being used, I think very valuably, as the Covid testing centre. It is very convenient. I am now going there once a day to have a test because it is so straightforward and very easy and because it is an important thing to do.

On Stonewall, this is up for renewal and consideration in February of next year. In January, our HR director will be involved in considering the business case and return on investment for this membership and I am very grateful to noble Lords for some of the expressions that have been raised today, which I shall ensure form part of that consideration.

I have not answered all the questions, I know, and there are some clear ones, but I can sense I am starting to test the patience of noble Lords. I like the directness and frankness of many of my former noble friends—former in one sense only. I believe, and I think all noble Lords believe, or I hope they do, warts and all, that we have a vital role to fulfil. We must ensure that our governance and organisation support the House in carrying out that role. As well as having a continuous focus, as we do, on holding the Government to account, I think we should have a long-term perspective as to the custodians of this institution. I think the noble Lord, Lord Mann raised this. I did not agree with that all he said, but I think he hit on some very important points. We must be professional, responsible, respectful and inclusive. We must have the highest standards of governance for a public sector body and we must be mindful of our reputation and public expectations, mindful of the point of the noble Lord, Lord Strathclyde, that we are unique.

We must also have due regard and recognition to our culture, our history and our heritage. This was raised by a number of noble Lords, the noble Lord, Lord Howard of Rising, in particular. It is important that we all work together to find the right balance between these aspects of our work, between traditional virtues and modern best practice, so I am very grateful for the engagement of today’s debate. The Lord Speaker will be holding these town hall meetings. The first is planned to be held on Tuesday 25 January—please, mark in diaries. The noble Lord, Lord Hamilton, of Epsom, raised another important word, “openness”. I am not a secretive person and I want this House to be as open and transparent, and as accountable and effective, as possible. We must demystify some of the issues that have been raised by all noble Lords today, so I encourage attendance.

I conclude, noble Lords will be pleased to know, by saying that I believe that the House is a constitutional safety valve. We ask the Executive and the elected House to think again. This House is an essential part of upholding our constitutional arrangements and I believe we should be confident of our purpose. The noble Lords, Lord Strathclyde and Lord Robathan, raised the point of confidence. I think we should, I repeat, be confident of our purpose. I believe this requires statesmanship and judgment.

This House has an extraordinary range of experience to offer to the national discourse; that is why good governance of the House must be of the top order and why I believe this debate has been constructive and valuable and, if I may say, continuing. I am not in a position to wave a magic wand and resolve all the issues that have troubled noble Lords, perhaps over a little while, perhaps, but I hope that with openness and dialogue, some of these matters can be resolved in a responsible manner in a way that enables noble Lords not only to derive satisfaction from coming here, but to ensure that the primary reason we are here can be fulfilled.

[Lord Hamilton of Epsom (Con)]

Before the Senior Deputy Speaker sits down, does he know why it was decided that retired three-star military officers would no longer be Black Rod?

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

I can say that there has been fair and open competition since 2001. The first few recruitments still led to the appointment of former generals.