Leader of the House of Lords

Lord Mackay of Clashfern Excerpts

Monday 28th July 2014 Lords Chamber

[Baroness Scotland of Asthal (Lab)]

My Lords, I intend to be brief. There are two salient things that have come out of this debate. The first is that the House is united in its approval of the noble Baroness and her appointment, united in its esteem for the noble Baroness as our Leader. The second is that on all Benches there is clear agreement that that which has now transpired in relation to the noble Baroness’s appointment was wrong, was a mistake and should be changed with immediate effect. Every single Member who has spoken agrees, in essence, with the Motion of the noble Baroness, Lady Boothroyd, that we approve of the noble Baroness but also want to send a very clear message to the Prime Minister that that which he has done has not been well done. Whether it was a mistake or no, it has caused concern, offence and anxiety about our constitution across the House. If there needs to be a message, it needs to come from the whole House that this is not a party-political issue but a constitutional issue which this House will not be silent about and must now speak about.

Those of us who have had the privilege of attending Cabinet understand absolutely the difference between being a full member and merely an attending participant. No matter how great the noble Baroness’s talents—and they are considerable indeed—they will not be capable of being overcome in such a way as to represent this House as every single Leader of our House has had to do. We know, and we have spoken a little about it tonight, how difficult it is sometimes to get the other place to understand the reality of getting business through this House. The Leader will have to challenge the Government because that is what every single Leader of this place has always had to do. So, in commending the noble Baroness for her courage, for her acuity and for her skill, we need to say to the Prime Minister that up with this we will not put.

It is not because he is a Conservative Prime Minister. If any Prime Minister had had the temerity to do that which this Prime Minister has done, we would have given him the same message—or her, because this is not an issue about gender. I hope that when this House comes to speak, we will speak with one voice.

If I may, I say to the noble Baroness our Leader that she should remember always that we are with her and that when she speaks, she will speak with the force of all of us behind her—but that her leadership role differs from any other role in that Cabinet. We are of the view that we need to have a Leader who is a full member of Cabinet, so that when she speaks, the Prime Minister and the other Cabinet Ministers will have to listen.

[Lord Mackay of Clashfern (Con)]

My Lords, I entirely agree with almost all that the noble and learned Baroness, Lady Scotland, has just said. It would be most unfortunate if we were not to deliver a unanimous view on this matter. The only difficulty I have with the precise terms of the Motion moved by the noble Baroness, Lady Boothroyd, is that, as the noble Lord, Lord Butler of Brockwell, has pointed out, the options for the Prime Minister might take a little time. Therefore, if she was prepared to say “as soon as possible” as the conclusion, I think all of us could wholeheartedly agree with her.

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Boothroyd, for providing the opportunity for us to have this debate this evening. She is, it goes without saying, a distinguished Member of this House, and I have listened carefully to her and, indeed, to all noble Lords who have spoken tonight. I am very grateful to all noble Lords for the supportive comments that have been made about me personally. I am also grateful to the Constitution Committee under the chairmanship of my noble friend Lord Lang of Monkton which, contrary to how some of us have sought to portray it, has set out, in my view, a helpful and factual report that has been constructive in explaining how the relevant legislation has come into play on this occasion. The legislation that we are talking about is, of course, the Ministerial and other Salaries Act 1975.

I am the Leader of this House. While noble Lords may be concerned about my ministerial rank, nothing changes that simple fact. Nothing has changed in practice about how I represent this House within government, and I will do the job of Leader in exactly the same way as all my predecessors. Even though nothing has changed in practice, the Prime Minister has made clear that he shares the House’s view, expressed passionately again tonight, that the Leader of the House of Lords should,

“as a general rule, always be a full member of the Cabinet”.

He has confirmed that he sees the current situation as a purely temporary one that he will want to rectify at the earliest opportunity, and that he will certainly do so immediately after the general election if he is returned as Prime Minister and no opportunity has arisen to do so before then. I note that the noble Baroness, Lady Royall, said that if the Opposition are elected, they too would change the situation at that time.

The principle at the heart of the Motion moved by the noble Baroness, Lady Boothroyd, that this House should be properly represented within government at the highest level—that is to say, in Cabinet—is therefore not in dispute. We are all agreed on that point. The question we are debating tonight is how and when this temporary situation might be corrected and what problems, if any, this temporary situation creates.

A significant problem that the noble Baroness, Lady Boothroyd, and some others have identified is a risk, which was also identified by the Constitution Committee, that my status might detract from my authority in an intangible way and affect my ability to represent this House in the Cabinet. I will respond to that point as directly as I can. As I said during our short debate soon after my appointment, judge me on what I do and how I do it. My effectiveness in the job will rest on the quality of my arguments and my ability to put forward my case. If my arguments are no good and I cannot present a good case, it will not matter whether I am a full member of the Cabinet.

Noble Lords already have evidence that I can deliver without status and regardless of rank. I led one of the most contentious pieces of legislation in this Parliament through your Lordships’ House when I was no more senior than any Whip. In so doing, I hope I demonstrated that successful negotiation with other Ministers and senior civil servants is not all about rank.

David Cameron is the second Prime Minister and the third party leader with whom I have worked closely. I have never in my professional career shied away from giving unpalatable advice or expressing an opinion that those on the receiving end did not want to hear. I will continue to do that where I believe it is necessary for me to do so. If noble Lords do not believe me, they may speak to any of my former male bosses. Some of them are also members of your Lordships’ House.

I am an independent woman and a single lady. Noble Lords might want to think of me as the Beyoncé of your Lordships’ House. I none the less recognise that this is ultimately not about me. I understand the serious concern expressed about diminishing the standing of this House of Parliament. This House has already shown that it need not be affected by this temporary situation. In the days after my appointment, this House debated the Bill of the noble and learned Lord, Lord Falconer, on assisted dying. The following day the Telegraph commented:

“Yesterday’s discussion in the House of Lords was an example of Parliament at its finest”.

The Times headlined a similar editorial with two words: “Model Parliament”. All that said, the situation is temporary and the PM is committed to rectifying it by May next year at the latest if he is re-elected. The noble Baroness, Lady Boothroyd, talked, however, of the Prime Minister having careless disregard in the matter of my appointment. The noble Baroness, Lady Symons, also raised the constitutional concern.

It is important for me to remind noble Lords that it was the previous Government who removed the certainty of a full Cabinet member being in the House of Lords when they removed the Lord Chancellor from this House. The comparison by the noble Baroness, Lady Hayman, of this current, temporary situation to a permanent change is not one that I can accept. That change, the change of removing the Lord Chancellor from this House, has a profound impact. Indeed, the Constitution Committee’s report says:

“At the time of the 1975 Act it would have been assumed that at least the Lord Chancellor would always be a peer in the Cabinet”.

That change has had a profound impact on the membership of the Cabinet in terms of its representation from your Lordships’ House.

I turn now to some of the potential solutions that noble Lords have put forward tonight. I refer specifically to that which my noble friend Lord MacGregor made.