Procedure of the House

Lord Laming Excerpts

Monday 26th March 2012 Lords Chamber

[Lord Tebbit]

My Lords, I would like to give some small advice, if I may, to my noble friend the Leader of the House. It is: beware of what you wish for. It is by the natural order of things that one day, unless the abolition of the House of Lords Bill goes through in the form in which we understand it will be put to this House, he may be the Leader of the Opposition. He would then very much regret some of the proposals which are now being foisted upon us.

I agree with all that my noble friends Lord Cormack and Lord Crickhowell and the noble Baroness, Lady Boothroyd, have said. A lot of this mischief has arisen not just because of the passion for legislation of all Governments these days. Many years ago, as a Back-Bencher, I introduced a Private Member’s Bill—which, surprisingly, did not get anywhere—called the Limitation of Legislation Bill, which proposed that, from the date of enactment, there should be no increase in the total number of words on the statute book. That is, before you put new words on you would have to find a few to take off as well. I think that we would have been better governed had that Bill been enacted.

However, that has all been worsened by another of the dreadful fads at the other end of this corridor, called “family-friendly hours”. Because we no longer have Committees going on down there into the small hours of the morning, we get more legislation timetabled in some fashion or another, which means that far more of it comes here having been inadequately discussed or not discussed at all. So their family-friendly hours become our distinctly unfriendly hours. They then lead to a very unfriendly proposal of the kind we are facing today.

The points have been well made. I do not think it is necessary for me to take up your Lordships’ time by repeating them. However, since the noble Baroness, Lady Royall, referred to the amendment tabled by the noble Lord, Lord Greaves—although it has not yet been moved—I wonder if I might do so too? There may not have been abuse—as some would call it—of the Written Question, but it has at times been pushed a bit far in its volume if not its quality. However, I must say to my noble friend the Leader of the House that I recently tabled a Written Question asking whether, when he had said that it was the Government’s policy that the number of seats in this House should be allocated to parties predominantly—in fact, he did not even say predominantly—by reference to the number of votes cast in the most recent general election, he meant that the Government were going to bring forward proposals for the introduction into this House of an appropriate number of Members of the British National Party, UKIP, the Greens and other minority parties. I received a reply from him which told me that the nomination of Members for this House was blah, blah, blah. It did not answer the Question. So I put down exactly the same Question again. There were two Questions from me. The noble Baroness, Lady Hayman, put down a similar Question and she, like me, got exactly the same non-answer again. I scored an unnecessary Question because I did not get an answer. I regret to say that that is happening increasingly frequently these days, so one devises the same Question again or the same Question is even accepted again literally word for word by the Table Office.

I cannot guarantee to my noble friend that I might not go along to the Table Office and put the Question down for the third time to make my point. If we want to get fewer Written Questions, we might try much harder to get replies which relate to the Question, not to what the Minister might wish that the Question had been.

[Lord Laming]

My Lords, I have never felt so lonely for such a long time. I voted for this report in committee and I will vote for it again today. The noble Baroness, Lady Boothroyd, has also indicated how incompetent I am that I cannot get a letter to all Members of the Cross-Bench group. We all—well, a large proportion of the House—supported the Leader’s Group, but when it comes to implementing its recommendations the debate demonstrates how difficult it is to get agreement across your Lordships' House. It may be that I am too innocent to be allowed out, but I have tried to address the issue before the House and not be dragged into other, wider issues. Perhaps that is a failure on my part.

Having considered the report of the Leader’s Group on these matters in recommendations 9, 20 and 22, it seemed to me that the committee had addressed the issues with great care and concern. I agree strongly with the noble Lord, Lord Cormack, on one point: this House needs to preserve as much flexibility as possible for a self-regulating House. I regret to say that I cannot support the amendment of the noble Baroness, Lady Royall, because it states that all Bills should go to Grand Committee except in exceptional situations or when they are very controversial. If we think about this Session, there is not one Bill that could have been described as anything other than controversial. The amendment of the noble Baroness is altogether too restrictive for a self-regulatory House.

It is very important that this House takes forward the need to change in a way that enables us to manage the business as effectively as possible. I have formed a high regard for the usual channels and the way in which they try to deal with the business of this House. I believe that the usual channels can be relied on to reach sensible decisions which will command the confidence of the House. The recommendations are for a trial period. We have the opportunity to rehearse them in due course and we can learn from experience.

On Written Answers, the point was made about the expense that has been accrued by some noble Lords. Of course we want noble Lords to fulfil their responsibilities within the House, but that has to be balanced against the proper use of public finance, particularly at this time. I commend the recommendations relating to both Committees and Written Answers.

[The Earl of Erroll]

My Lords, if we start sending more things to Committees off the Floor of the House, we will soon discover that variant of Parkinson’s Law: talk expands to fill the time provided.

I would far prefer us to go back to what we used to do not that many years ago, which was to vote in Committee on the principle of amendments—even if they were defective, we looked at the principle. At Report, we tidied them up, which took much less time. That is why debates on Report are much more focused and we are not allowed to do the to and froing. Third Reading was purely confined to sorting out the typos, the essential little mistakes, not dealing with anything of principle. If we started to go back to that system, with voting in Committee, we would have far more abbreviated proceedings later on. All we are doing is talking it through in Committee and again at Report.

We have to use that as a brake on the deluge of legislation that is coming on us these days. If we give more time for talking, we will just get more to talk about.