Liaison Committee: Third Report

Lord Jopling Excerpts

Monday 26th March 2012 Lords Chamber

[Lord Roper]

My Lords, I speak as the chairman of the European Union Committee, and I regret that I will be critical of the report presented by the Lord Chairman of Committees. I have not tabled an amendment, but in my view, and that of many of my colleagues on the committee and in the sub-committees, the report of the Liaison Committee is the unsatisfactory outcome of an unsatisfactory process as far as the European Union Committee is concerned.

First, the process. Earlier this year I learnt that the Liaison Committee was, entirely appropriately, reviewing the House’s committee structure in the light of the Goodlad report. I wrote to ask to appear before the committee, and that request was granted. However, I was surprised to be told, in the letter inviting me to appear, that before the Liaison Committee had heard the arguments from my committee for its continuance of the committee in its present structure, the Liaison Committee was already minded to cut the number of European Union sub-committees by two or by one. I have sent to Members the detailed argument that I then put forward, which also appears in appendix 2 to the report that we are considering.

The last time the Liaison Committee conducted a general review of Lords committee activity was in 2010. On that occasion, unlike this time, it asked for information from the various committees before it made any decision. In 2010, the Liaison Committee concluded that the European Union Committee was performing a relevant and useful function, and it recommended no change. In fact, it recommended that certain other committees should be considered first if reductions needed to be made. I am unclear about what has changed in the mean time, except that on this occasion the Liaison Committee seemed to have made up its mind, or to have gone a long way towards doing so, before it took any evidence.

So far as concerns the outcome, in the end the Liaison Committee recommended the reduction of only one European Union sub-committee, which is why I did not table an amendment to today’s Motion. Some of my colleagues on the committee—and noble Lords may well hear from them—may feel that I am being excessively reasonable, but I am conscious of the wider financial context in which these decisions had to be made. However, even a cut of one sub-committee will have an impact on our work. The European Union will continue to propose new laws that will affect UK citizens and companies, and consultation documents and White Papers will continue to come forward.

We have to deal with something like 1,000 documents a year from the European Union. This reduction will simply reduce the ability of the House of Lords to scrutinise the proposals effectively. In particular, it will reduce its ability to conduct an in-depth examination of key proposals. These inquiries are what give the committee, and therefore the House, such a strong reputation with civil society groups in this country, with European Union institutions and with other parliaments across the European Union. The House will also be reducing its ability to hold the Government to account.

The House sees the reports that we publish; it does not see the 500 letters a year that we send to Ministers raising problems that arise from the documents that we consider. However, that is the method by which we ensure that we have an explanation from the Government and a justification of their position. Ministers have told me that they consider that what we do is the most effective scrutiny of any part of their department’s work. The House risks weakening our work in an area where our reputation is currently, and justifiably, exceptionally strong. That is why I regret the Liaison Committee’s decision, and I fear that in due course the House, too, will come to regret it.

I conclude with a note about the suggestion to increase the maximum membership of sub-committees from 12 to 14. In the full Select Committee’s view, sub-committees of 14 risk being too large. An excessive number of members could make it difficult to work effectively as a team. Therefore, we would rather co-opt an additional two members to a sub-committee for a particular inquiry, thereby involving a wider group of Members of the House to take part in different aspects of our work. We feel that otherwise the current size of 12 members per sub-committee is probably right.

[Lord Jopling]

My Lords—

[Lord May of Oxford]

My Lords—

[Lord Jopling]

We have just heard from the Cross Benches; I think it is our turn. I very much support what the noble Lord, Lord Roper, has just said. I was first elected at the other end of this building almost 48 years ago. One strand that has run through the entire time in which I have served in both Houses has been my enthusiasm for the Select Committee system, which all those years ago I believed, very strongly, was the way in which Parliament could better exert its influence over the Executive. I was a member of two of Dick Crossman’s Select Committees—the first ones to be set up—back in the 1960s. In the early 1980s, following the 1979 election, I, with my late lamented friend Norman St John-Stevas, later Lord St John of Fawsley, who sadly is no longer with us, set up the departmental committees. I conducted all the negotiations over them with the Opposition at the time. Since coming to your Lordships’ House, I have been a member of, I think, three European Union committees. I have been chairman of two of them and I continue to serve on Sub-Committee C.