Ian Brady

Debate between Lord Hunt of Kings Heath and Lord McNally

Thursday 31st October 2013 Lords Chamber

[Lord McNally]

My Lords, it is very difficult to find much sympathy for Mr Brady, although it has to be said that he has been judged to be medically ill. Our law says that in those cases the mental health review tribunal is part of the process of our legal system and that a patient is entitled to a tribunal hearing, as set out in Part V of the Mental Health Act 1983. We cannot have one law for those we find worthy and another law for those we do not like. In some ways, it is the fact that Mr Brady has the protection of the law that should give reassurance to the rest of us.

[Lord Hunt of Kings Heath (Lab)]

My Lords, to go back to my noble friend’s point, surely, given the size of the cost to the local mental health service, it ought to be helped out by the Department of Health.

[Lord McNally]

My Lords, I asked that question during the briefing. It is an almost unique case. I think that there have been only two such cases in recent times. I am speaking off brief at the moment, but it seems unfair that a single health authority should take such a disproportionate hit on something that is really a national matter. However, the rules as they now apply are that the Ministry of Justice takes the state costs through the Legal Aid Agency and the health authority concerned takes the hit with regard to costs. The noble Lord makes a valid point and I will take it back to a probably not overenthusiastic Health Minister.

Leveson Inquiry

Debate between Lord Hunt of Kings Heath and Lord McNally

Thursday 29th November 2012 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I am very grateful to the noble Lord, Lord McNally, for repeating the Statement of his right honourable friend the Deputy Prime Minister in the other place. It is a bit like the No. 11 bus: we have been waiting a long time for a Statement on press regulation and two come along at the same time. The House has shown remarkable sympathy to accommodate the strains and stresses of the coalition Government and allow this to happen. Perhaps it will be equally accommodating when we are dealing with the Electoral Registration and Administration Bill, which we hope will come along at some point.

I found myself largely in agreement with much of what the noble Lord, Lord McNally, said. I also pay tribute to his long-standing and consistent work in this area. Of course, the reason why the Deputy Prime Minister found it necessary to make a statement separate from that of the Prime Minister is now clear: there is a fundamental difference between the Prime Minister and the Deputy Prime Minister. The Prime Minister is extremely reluctant that statute should be involved in any way in a system of independent regulation of the press, whereas the Deputy Prime Minister is clearly convinced that a new system of independent regulation must be supported by statute. I invite the noble Lord, Lord McNally, to reiterate that Lord Justice Leveson could not have been clearer about why statutory underpinning of his proposed system of independent self-regulation is required. Paragraph 70 of the executive summary of the Leveson report says plainly that,

“it is essential that there should be legislation to underpin the independent self-regulatory system and facilitate its recognition in legal processes”.

Does the noble Lord, Lord McNally, accept that Lord Justice Leveson absolutely rejects as inadequate the proposals put forward by the noble Lord, Lord Black? In paragraph 53 of the executive summary, Lord Leveson says that,

“the new body must represent the interests of the public as well as the press and the proposed model”—

the Black model—

“does not go anything like far enough to demonstrate sufficient independence from the industry (and in particular, serving editors) or sufficient security of high and unalienable standards for the public; neither does it appear to have sufficient support from all the major participants within the industry”.

Surely that is persuasive in the need for action to provide the statutory underpinning that Lord Justice Leveson puts forward.

In his response, the Prime Minister seems to be setting himself against a fundamental point of what Lord Justice Leveson proposes. He is setting himself against where the public are and he is certainly setting himself against where victims of the media want politicians to be. Of course, legislating on the press is a difficult and complex area but we believe that the Prime Minister is making a misjudgment on this issue. He should put his faith in what Lord Justice Leveson is proposing and enact it.

We welcome the Statement from the noble Lord, Lord McNally, and look forward to working in cross-party talks with him and his party on this point. It is very simple: we should not allow the press to have another lock-in at the last chance saloon, which has lasted for so many decades. Our democracy needs a free press, but a clean press, too. We will work very hard to achieve that.

[Lord McNally]

My Lords, I am grateful for the kind, personal remarks of the noble Lord, Lord Hunt. The noble Lord, Lord Prescott, called out from a sedentary position, “What’s the difference?”. The noble Lord, Lord Hunt, tries to find differences. One of the things that I found most encouraging about the two Statements—indeed, the three Statements made in the other place today—is the broad level of common ground. I hope that everyone will take the opportunity, including my noble friend Lord Black, to read the Leveson report and then match the statements that they made before reading it in the light of it. In some ways it is an insult to someone who has spent as long as Lord Justice Leveson has, whether it was a year or nine months—I am never quite sure, but it was a very long time—to produce a four-volume 2,000-page report, and then to announce, “I agree with this; I agree with this; I agree with this”. Let us read the report and think about how to go forward. I am pleased that, as far as I am aware, those cross-party talks have already been in place for the past 55 minutes, which bodes well.

House of Lords: Reform

Debate between Lord Hunt of Kings Heath and Lord McNally

Tuesday 24th April 2012 Lords Chamber

[Lord McNally]

That is a rather harsh judgment on the Government. It is right that the case for boundary reform and House of Lords reform are judged on their merits. The Government put them through this House for scrutiny separately. They are not interlinked but are part of the Government’s and the coalition’s overall commitment to constitutional reform.

[Lord Hunt of Kings Heath]

My Lords, the noble Lord has said that the Government will carefully consider the recommendations of the Joint Select Committee. He may have observed that the committee did not achieve exact unanimity in its conclusions. But the one issue on which all members seem to be agreed is that Clause 2 of the Bill will not do. Will the noble Lord say what the Government’s response will be? Will he also respond to the evidence given by the noble and learned Lord, Lord Goldsmith, and the noble Lord, Lord Pannick, in relation to the Parliament Act 1911, in which they say it is very clear that that Act was introduced to govern the relationship between an elected and an unelected House?

[Lord McNally]

My Lords, less than 24 hours after the publication of a carefully considered report, it would be impudent of me to start pronouncing on some of these issues. As to the opinions of the noble Lord and the noble and learned Lord on the 1911 Act, the strength and the powers of the 1911 and 1949 Parliament Acts were recently tested in court.

Public Bodies Bill [HL]

Debate between Lord Hunt of Kings Heath and Lord McNally

Wednesday 23rd November 2011 Lords Chamber

[Lord McNally]

My Lords, I had better intervene now so that I do not keep my noble friend Lord Newton in suspense for too long. Alas, as he knows, because we have discussed this on a number of occasions, I am not able to deliver the kind of assurances that I was able to deliver for the noble Lord, Lord Ramsbotham.

[Lord Hunt of Kings Heath]

My Lords, can the Minister clarify whether he is seeking to wind up the debate?

[Lord McNally]

No, I am not seeking to wind up the debate. I thought that it would be useful for me to say something now so that there would be something for the noble Lord to attack me on afterwards—and then I can attack him after that. No, I thought it would be useful at this stage to state where we are coming from because, as I say, I had a number of conversations with my noble friend Lord Newton. I had a meeting with him and my noble and learned friend Lord Howe and I took their concerns back to my colleagues.

However, I have to make it clear that the purpose of the Government today is to restate their intention to abolish the AJTC outright, using the powers in Clause 1. I also make it clear that the Government have no intention of merging the AJTC with the Civil Justice Council. There is no appetite within Government or the senior judiciary to add to the CJC to the Bill. I am pleased that following a Division in Committee, noble Lords agreed to the proposal to abolish the AJTC. I am conscious that what my noble friend Lord Newton has been trying to do—I still use the term noble friend, as I hope he will—is to give the Government some wriggle room on this matter. Sadly, as I have just explained, the Government do not want wriggle room on this matter but to abolish the AJTC.

The Government’s rationale for abolition has been made in both Houses and on a number of occasions. The Government are committed to this reform because the AJTC is an advisory body whose functions are either no longer required or, in the case of its policy functions, are more properly performed by the Government themselves. The abolition of the AJTC will have no direct impact on judicial independence or—

--- Later in debate ---

[Lord McNally]

My Lords, when one gets advice from people ranging from Confucius to the noble and learned Lord, Lord Woolf, it is necessary to take a pause. However, I would like to House to return to the first principles of the Public Bodies Bill. The intention was to look at a range of bodies that had grown up to perform various functions. The philosophy behind it is one that I support. Over the past 20 to 30 years, Governments have got into the habit of passing the buck. When in doubt, one should set up an advisory body, an inquiry or a tsar—anything to prevent a Minister having to stand at the Dispatch Box and take responsibility for something that has been done. It is partly against that trend that the Public Bodies Bill set off on its journey some months ago.

Although it is always very tempting to take up the kind of options offered by my noble friend Lord Newton, as I said in my helpful opening guidance remarks the Lord Chancellor and the other place have listened. Both Houses came to a firm conclusion on abolition and therefore I am not tempted to go down the side road offered by my noble friend, however attractive it might be. We have mentioned the public expenditure aspect of this. Whenever one addresses problems, there is a tendency to say, “It is only £1.3 million”. However, that is more expenditure. Perhaps I may humbly say that you always know when a lawyer is insulting you because they are very polite about it.

[Lord Hunt of Kings Heath]

I wish no disrespect to the noble Lord. I have just two comments. First, I wish he had taken part in our debates on the Health and Social Care Bill. His noble friend Lord Howe is busily seeking to hand over all responsibility for the NHS to the biggest quango there will ever be. Secondly, on the question of cost, will he reflect on the evidence that the council gives about poor decision-making, poor communication and delay because of overly complex or incomprehensible rules? Surely, the impact of the council is to help the Government to reduce expenditure. Does he think that his department will be publishing advice like that on the performance of itself and other government departments?

[Lord McNally]

Indeed. One of the thrusts of our argument is that the sooner the Government get back into the habit of taking responsibility for their own inefficiencies, the better. My department and HMCTS are already working closely with DWP on a range of initiatives to improve initial decision-making. It is about time that government departments took responsibility and I concede a whole range of areas where initial decision-making is poor and causes expense. But that is not a reason to pass the buck to some other body. The job is for government to get on with improving the efficiencies.

The Ministry of Justice is well placed to ensure that administrative justice is a key part of the wider justice reform agenda. We are committed to developing a strategic UK-wide approach. We are also committed to ensuring that the right decisions are made the first time. When disputes arise we will provide proportionate, timely and cost-effective solutions and drive ongoing improvements in the system. The MoJ already has strong links with the devolved Governments and other government departments and is already demonstrating the benefits of this. The department is currently considering priority areas and the resources needed to take them forward. At present there is a core team consisting of staff of a range of grades which has access to the wider justice policy group. The team can freely call on legal and analytical experts.

Other issues were raised. Any idea of a merger with the CJC has been ruled out by the judiciary. I mentioned in my initial intervention that we would establish a group of administrative justice experts and key stakeholders to draw on their views. As for the Public Accounts Committee inquiry, my honourable friend Jonathan Djanogly gave evidence yesterday. We will certainly take note of any recommendations that the committee makes. However, I do not think that it will remove the central piece of our analysis, which is that the AJTC is an advisory body that is no longer required in the field of administrative justice. Robust governance and oversight arrangements are now in place with regard to tribunals and the development of administrative justice policy is properly a function of government. A source of advice that is independent of government is not a prerequisite. Civil servants in the MoJ already offer Ministers balanced, objective, impartial advice, and they can draw on expert advice on administrative justice reform.

The Government will ensure that they exercise effective oversight of the administrative justice system in a way that best serves its users. They will develop, maintain and enhance a UK perspective of the system as well as enhancing their links with stakeholders. The Government will expand the channels by which best practice can be shared and collaborative working developed across the administrative justice system.

I have been asked to think again but I say to the House that we have had ample time to think about this. This House has already made one decision on this body. The amendments of my noble friend Lord Newton may be either helpful or ingenious, whichever way one likes to approach them. However, at this stage of a Bill, when the other place has had ample time and ample consideration of these matters, the Government are entitled to say to this advisory House that we have listened to this advice but that we want to abolish this body.

House of Lords: Reform

Debate between Lord Hunt of Kings Heath and Lord McNally

Wednesday 22nd June 2011 Lords Chamber

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, I had a boyhood dream that one day I would stand at a Dispatch Box as a government Minister facing Members of a hostile House and, an hour later, purely on the basis of my oratory and eloquence, I would have turned them round on to my side. I heard a voice say. “Dream on”. However, I shall have a go and, as your Lordships have been so disciplined, I see that I do not have only an hour but two-and-a-half hours to convince you. I can get my speaking notes out now. Some of us have dinner appointments so I will not use all of that time.

I congratulate my noble friend Lord Strasburger on his travels. He should not worry about the teasing of the noble Lord, Lord Hunt, that, since he entered the House, he has travelled a short distance in his opinions about its reform. Some noble Lords on that side have travelled miles and miles and miles.

The noble Lord, Lord Foulkes, now claims to know what I am thinking about him even without my saying a word. I hope he will be really insulted by that thought. However, even he confessed that he had once been in favour of reform, that he had come into the House and now was no longer in favour of reform. I think the technical term for that is “the foreman’s job at last” syndrome.

One thought about “Apocalypse Now” prompted me to share with you a short quote from a book that was given to me by the noble Lord, Lord Willoughby de Broke, who I do not think is in his seat. His grandfather was the leader of the “last-ditchers”, who tried to stop the 1911 Act. There are two quotes that are worth reading:

“And what was the final decision of the Constitutional High Court of Appeal, or rather of that proportion of its members who dared to deliver the verdict? The numbers were read out, but those who knew Willoughby and saw him as he entered the Chamber had no need to lengthen their suspense. All was settled and over. By seventeen votes the Parliament Bill had been accepted, and was now the law of the land”.

It was his thoughts about that that were more interesting:

“From the night of the 10th August 1911, when a great principle was sacrificed to expediency; when the right course was departed from for fear of the consequences, the Conservative Party received a shock from which it has never really recovered”.

I am merely pointing out that those speeches we have heard today that predict only the most terrible consequences for radical reform can be very, very wrong indeed. As historians such as the noble Lord, Lord Hennessy, continue to point out, the following century for the Conservative Party was one mainly spent in government. I also find it extraordinary to hear suggestions from the noble Lord, Lord Hunt, and others that the Deputy Prime Minister has been somehow high-handed in his approach to this legislation. No senior politician has given Parliament more chance to consider these measures, has shown more flexibility or offered more opportunity for genuine reflection.

I am not sure which parts of his own White Paper the noble Lord, Lord Hunt, tore up during that extraordinary speech. However, he says with pride that they never produced a draft Bill. So you never did—shame on you that you did not.

[Lord Hunt of Kings Heath]

My Lords, I am grateful for him raising this issue again. The purpose of producing a White Paper is to allow for debate and discussion and that is what we did. The Government would have done better to have had a widespread public consultation and debate before producing a draft Bill.

[Lord McNally]

This again from a Minister who produced a White Paper that produced no such debate. They sat on reform for a decade. When we talk about consistency, I was on the Cook-Maclennan committee prior to the 1997 election, where my party and the Labour Party both committed themselves to a raft of constitutional reform, including reform of the House of Lords. My party has been consistent for the last 14 years on our proposals. The Labour Party has performed somersault after somersault after somersault and there is no way they can get out of it—that is the record.

Crime: Homeowners’ Liability

Debate between Lord Hunt of Kings Heath and Lord McNally

Tuesday 24th May 2011 Lords Chamber

[Lord McNally]

What a good question. While a Bill is before the House, that can be used in evidence. As I said at the beginning, this is a report of advice given by the Surrey police which, on reflection, they would probably think is not proportionate. In a case in Florida recently someone wired up their window frames to the electricity mains and electrocuted a burglar. That is disproportionate. Wire mesh on the windows is not.

[Lord Hunt of Kings Heath]

My Lords, I am not surprised that the Minister did not answer the noble Lord’s question, because he gave the game away. He suggested that elected party political police commissioners will interfere in the day-to-day operations of the police force. That is why that Bill has to be defeated.

[Lord McNally]

I will not be drawn into this. My noble friend was suggesting that a little common sense in these matters would be beneficial to the police and the public in general.

Prisons: OPCAT

Debate between Lord Hunt of Kings Heath and Lord McNally

Monday 28th March 2011 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, perhaps we might return to the issue of resources. The noble Lord referred to the UKBA but would he acknowledge that, in the past few weeks, Ministers have referred to an increasing number of responsibilities being given to the UKBA at the same time as 5,000 staff are being taken off its head count? What we have not had is an explanation of how the UKBA is meant to manage these new responsibilities.

[Lord McNally]

Cuts are being made right across government. I will not go through the mantra of why that is so, as those on the noble Lord’s side know it only too well. However, all departments in which the cuts are being made are looking at how to maintain delivery under a much more difficult regime. That is one of the facts of life that we face as a country.

Identity Documents Bill

Debate between Lord Hunt of Kings Heath and Lord McNally

Tuesday 21st December 2010 Lords Chamber

[Lord Hunt of Kings Heath]

My Lords, I must say that I am rather disappointed that the Minister has not sought to give any explanation at all as to why the Government have not given further consideration to this matter. In fact, it is quite extraordinary that she gave no explanation at all to your Lordships’ House.

On 12 November, this House agreed by a substantial majority to an amendment to give compensation to ID cardholders whose cards are due to be cancelled. The Commons have now sent it back to us on the grounds of financial privilege. As it is a privilege reason, my understanding is that it would be contrary to convention to send back another amendment, which would clearly invite the same response. The debate this afternoon none the less affords an opportunity to the House to indicate to the Minister the strength of feeling on this matter and, even at this late stage, to ask the Government to reconsider.

The introduction of ID cards was subject to intense debate in your Lordships’ House. We on this side saw the ID card scheme as a convenient and secure way of asserting one’s identity in everyday life.

[The Minister of State, Ministry of Justice (Lord McNally)]

I am advised that there is nothing before the House to debate at the moment.

Standards in Public Life

Debate between Lord Hunt of Kings Heath and Lord McNally

Thursday 2nd December 2010 Lords Chamber

[Lord McNally]

My Lords, my right honourable friend the Deputy Prime Minister has made it clear that he gives high priority to party funding in what he has described as the second wave of constitutional reform that we are planning. Therefore, it has high priority. People in all political parties with experience of this matter have given me the same advice—that is, to deal with this matter early in a Parliament. That is what we intend to do.

[Lord Hunt of Kings Heath]

My Lords, does the noble Lord recall that, following the Hayden Phillips proposals, cross-party talks were proceeding well until the Conservative Party walked away from them? Now that he is in the comforting position of sitting with the Conservative Party, will he ensure that there is a future programme of cross-party talks to reach consensus?

[Lord McNally]

As I have said in answer to other questions, I think that what happened in the past is best left to the memoirs, and I can tell noble Lords that mine will be very readable. But in the mean time, I take encouragement from what my right honourable friend the Deputy Prime Minister said at the City and Islington College on 19 May. He said,

“David Cameron and I are determined to reform party funding”.

That is good enough for me.

House of Lords: Reform

Debate between Lord Hunt of Kings Heath and Lord McNally

Wednesday 1st December 2010 Lords Chamber

[Lord McNally]

My noble friend makes some valid points, but I think that it is unfair to say that the ex-MPs who come in are against Lords reform. It usually takes them two or three weeks before they become enthusiastic supporters of the House. I see in his place the noble Lord, Lord McAvoy, who has taken to the ermine like a duck to water.

[Lord Hunt of Kings Heath]

My Lords, the noble Lord, Lord McNally, has implied that the 300 Peers brought in by Mr Blair were Labour Peers, but can he tell me how many were not and took other Whips in the House? Does he endorse the remarks made yesterday by his noble friend Lord Tyler, who in the context of Lords reform effectively told the Cross Benches that, unless they supported the Government in votes, a 100 per cent elected House rather than an 80 per cent elected House would be proposed? Does he endorse that view?

[Lord McNally]

I do not read that into what my noble friend Lord Tyler said yesterday. I trust the Cross Benches to take decisions on votes in this House as individuals and not as a collective group. I know that they will continue to do that. Even more shaming than any threats real or imagined from my noble friend Lord Tyler are the blatant attempts made by the Labour Party to lure the Cross Benches into elephant traps when trying to delay government business.

House of Lords: Working Practices

Debate between Lord Hunt of Kings Heath and Lord McNally

Monday 12th July 2010 Lords Chamber

[Lord McNally]

My Lords, first, I am grateful for those final words—“the parties opposite”—because, as was said earlier, there is an attempt by the Opposition to make a very harmonious coalition into a single party. We are a coalition. The other point that came from the debate is now a hardy annual from the Benches opposite, about the harsh treatment of the Labour Party during Question Time. The noble Lord, Lord Hunt, will not let the facts get in the way of a good grievance.

[Lord Hunt of Kings Heath]

I do not think that I said that at all. I paid tribute to the noble Lord, Lord Strathclyde, for the even-handed way in which he helped the House come to a view on who should ask questions.

[Lord McNally]

I am very grateful. I hope that, from now on, when some people—I will not name them, but we know who they are—start shouting and screaming from those Benches, we can mention that, in the first week in June, the Labour Party had 42 per cent of questions, as against 19 per cent for the Conservatives and 16 per cent for the Liberal Democrats. In the second week, it was 48 per cent for the Labour Party—well done—21 per cent for the Conservatives and 13 per cent for the Liberal Democrats. In the third week, it was 40 per cent for Labour, 19 per cent for the Conservatives and 16 per cent for the Liberal Democrats. In the fourth week, it was 44 per cent for the Labour Party, 18 per cent for the Conservatives and 18 per cent for the Liberal Democrats. I hope that, as this Parliament settles down, we can get away from that Millwall supporters’ attitude.

[Lord McNally]

No, I was just getting to the nice bit of my speech. I just thought that we could get something on the record, especially as there has been so much praise for the Library, which is busy producing statistics for both sides, as it should.

I welcome the assurance from the noble Lord, Lord Hunt, that the Opposition intend to play a constructive role. We share his approach that the test must be the overall effectiveness of this House. I will return to that. As to how the House will work in the circumstances of the coalition, again, we have to see how things go. It is a different circumstance, but there have been other times when this House has been effective before reform. If people go to the memoirs of the noble Baroness, Lady Thatcher, they will find that she constantly complained about the defeats that the Government suffered in the House of Lords.

[Lord Hunt of Kings Heath]

My Lords, the noble Lord traded statistics with me. He has just to look at the scale of the defeats that the previous Government suffered. By my reckoning—again, I am grateful to the Library for these statistics—there were 526. During the Conservative Administration, the number of defeats was very much less.

[Lord McNally]

As my noble friend Lord Strathclyde has just whispered in my ear, it is too early to tell what the pattern of this House will be. All that we know so far of the statistics is that the Labour Party has won 40 per cent of the votes and the Government have won 60 per cent.

[Lord Hunt of Kings Heath]

My Lords, the first vote was on a technical point on the Local Government Bill. The second vote that the Government lost was very late at night on an amendment moved by the noble Lord, Lord Steel, which the noble Lord, Lord Strathclyde, described as a meaningless vote.

[Lord McNally]

I know what the votes were. You know what the votes were. I am just giving you the statistics.

I close this debate as Deputy Leader of the House and a loyal No. 2 to my noble friend. I am pleased to say that we approach our task today with a complete unity of purpose. I am delighted that he has given such priority to the reform of working practices so early in this Parliament. I am also pleased that he has chosen to do so in a way which benefits from the groundwork prepared by his predecessor, the noble Baroness, Lady Royall. This debate and the announcement of the immediate setting-up of a Leader’s Group to look into the matter in the first few weeks of this Parliament means that the reform of working practices is more than a declaration of intent: it is work in progress. I am delighted to say that my noble friend has persuaded the noble Lord, Lord Goodlad, a former chairman of the Constitution Committee, to be the chair of the Leader’s Group. He will lead it with the independence and rigour that it demands.

This has been a stimulating debate. Thanks to the customary enthusiasm that noble Lords have for this subject, nobody need fear that the Leader’s Group will be wanting for inspiration, advice or input. It is not my intention to set out the Government’s views on the suggestions that have been put forward by noble Lords—they are House matters for the Leader’s Group to reflect on—but I shall make brief mention of a few individual contributions. Many noble Lords paid tribute to the ad hoc working parties chaired by the noble Lords, Lord Butler and Lord Filkin, and the noble Baroness, Lady Murphy, which originated from the Lord Speaker’s work in this area. The Hansard report for this debate will provide an excellent first evidence paper to the Leader’s Group.

Looking back even over the past 18 months, we have made a number of advances in this House’s ability to scrutinise legislation and to hold the Government to account. We have adopted an additional set of arrangements for scrutinising fast-track legislation, based on the recommendations of the Constitution Committee, which should ensure that the House has at its disposal the information it needs to give proper consideration to such Bills and to the case for fast-tracking legislation. We have introduced a new procedure for scrutinising national policy statements, an innovation intended to enhance the House’s ability to scrutinise government policy formulated under the Planning Act. We have put in place a panoply of procedures for exercising the new powers that the House now wields in respect of European Union policy and legislation as a result of the Lisbon treaty and the entry into force of the European Union (Amendment) Act. We have conducted successful experiments with Question Time for Secretaries of State. They were successful, and have not been abandoned. We just, at the moment, do not have any Secretaries of State in this House—hope springs eternal, as they say. We also have a new approach to scrutinising Law Commission Bills, which I very much welcome. I could go on. My point is simply that we have been steadily adding to the armoury of tools at our disposal, and I am confident that the Leader’s Group will both refine existing practices and propose new ones.

[Lord McNally]

This House is its own master. The Leader’s Group will report to it, and there will be full discussion and a full debate. I gave a list of procedures that have been put to—oh! I have been passed a note; I have always wondered what these notes said.

[Lord Hunt of Kings Heath]

You can never read them.

[Lord McNally]

It says here: “Did the House vote on these examples? Yes, it did”. It must have been when the noble Lord, Lord Rooker, was not here. I could go on. My point is simply that we have been steadily adding to the armoury of tools and as we move forward we need to recognise that, although there is a considerable appetite for further reform to our practices and procedures in many parts of the House, notably among those who have contributed to today’s debate, others take a different view—and we have heard a few of those today.

There is little time left tonight, save to say that we will set up the Leader’s Group, which will have the widest of wide agendas. We will then see what it reports back to us. That will be a very exciting time. The noble Lord, Lord Rooker, asked what we are here for. In my 15 years in this House, I have never had any doubt that I am a parliamentarian. The noble Lord, Lord Kirkwood, said that we are here as legislators. The noble Lord, Lord Elton, said that we are here to check the Executive. The noble Lord, Lord Luce, said that he used topical debates to influence government policy. The noble Baroness, Lady Howe, said that she goes about making a nuisance of herself. That combination is what we are here for, and we want the procedures to fulfil those roles. We do not need to agonise too much about this; the task is to find the working practices to facilitate that work.

Some themes have come through. It is interesting that about 10 speakers referred to a revised role of the Lord Speaker. I am sure that the Leader’s Group will look at that but, as the noble Lord, Lord Campbell of Alloway, and others have said, there are doubts about it. We have said before that powers to the Lord Speaker would be a slippery slope. Well, let the Leader’s Group look at that.

I have always been a great advocate of pre- and post-legislative scrutiny, and I hope that we can look at that very quickly.

The noble Lord, Lord Rooker, talked about Questions being a bear pit. I am not too sure about that. This is a Parliament, and I worry about what people who are invited to join a Parliament expect it to be. I also listened to the point made by the noble Lord, Lord Parekh. I know a place where people come in, read their speeches and go out. Has anyone seen the American Congress being televised? It looks like a funeral parlour most of the time. One of the things that I like about this place is the courtesy of people staying and listening to speeches. I know that Members harbour suspicions about my intentions for this House. I am even a bit suspicious of the noble Lord, Lord Butler, wanting us to get rid of the ermine. We wear it only once a year, and I think that we should keep some of the old courtesies and perhaps some of the old clothing. I have said once before, and got into terrible trouble when I did so, that if we start to look like Croydon Council we will be treated like Croydon Council. I had forgotten that there is a complete mafia of Croydon councillors in this House, who stopped me the next day and said “Oi!”. One of the constructive things about this place is that it retains those courtesies, which are part of its power.

The noble Lord, Lord Brooke, asked what our approach would be to trial and pilots, the point made by the noble Lord, Lord Rooker. That is a very good suggestion, but it is a matter for the Leader’s Group, which I hope it will take on board.

I turn to other points that I can cover in the time left. The noble Lords, Lord Rooker and Lord Filkin, referred to whether the Leader’s Group remit would extend to the governance arrangements of the House. The terms of reference will be widely drawn. The group will need to set priorities and will take its own decisions on what it wants to cover, but it is setting itself a big agenda.

A large number of noble Lords pointed out that we cannot consider our practices and procedures in isolation from those of the House of Commons. The House of Lords and the House of Commons keep their separation up to a point. We should learn from what they have done. There have been several good references to the work of the Wright committee. I do not think that we have been standing still even while the Wright committee has been working, but the Leader’s Group gives an impetus to what has been going on here. As a first step, my noble friend might talk to Sir George Young, the Leader of the House of Commons. I cannot remember who mentioned this point, but striking up a dialogue with the House of Commons is not always as easy as colleagues might think. However, knowing the two men I have just mentioned, some soft soundings might help in meshing what is going on at both ends of the building.

[Lord McNally]

Again, that would be both impudent of me and unfair to my noble friend Lord Goodlad and his group. From what has been said today, this will not be a speedy process. There is a big agenda and a lot to be considered. As has been said, the group will look for advice not only from within this Chamber but from bodies outside which have studied these matters.

[Lord Hunt of Kings Heath]

My Lords, while clearly one must not rush into this, the fact is that a draft Bill for reform of your Lordships' House is expected by the end of the year. I really think that it would be right to ask the Leader’s Group to report before that.

[Lord McNally]

I will not commit myself to that. At the end of the year there will be a draft Bill which will itself go to legislative scrutiny. There is no rushing of fences on this. There is some serious work to be done. A very good agenda has been set up. A standing committee to look at practices and procedures may come out of—

General Election: Voting Deadline

Debate between Lord Hunt of Kings Heath and Lord McNally

Wednesday 7th July 2010 Lords Chamber

[Lord McNally]

The matter of payment for returning officers in the last election is for the local authorities concerned. The Electoral Commission, in its report, called for it to be given greater control to make sure that returning officers do their jobs properly.

[Lord Hunt of Kings Heath]

My Lords, is there not evidence that some local authorities are skimping on the funding that they are making available for the conduct of elections? In particular, polling officers in the individual stations are not being given sufficient training. That is causing real problems in the way that they then deal with issues that arise on election day.

[Lord McNally]

We will learn lessons from this and there are some hard lessons to learn. For example, some local authorities looked at the three previous elections for which they had responsibility, which all had much lower turnouts. As the Electoral Commission said, that was not proper contingency planning. There is no doubt that the photographs and television pictures that went round the world were very bad public relations for British democracy. We will do all in our power to make sure that it never happens again.