Housing and Planning Bill

Lord Mackay of Clashfern Excerpts

Wednesday 4th May 2016 Lords Chamber

While I am up, there are two reasons why I object to Motion D1. The first part would allow the Secretary of State to change that manifesto commitment, which they should not be allowed to change as it would let them off the hook by having the ability to disagree with it. I did have a reason on the second part but I have now lost it, so I will have to apologise for not finishing off with some big piece of glory. But again, we should have had greater collaboration on writing the amendments and made sure that we had one which would deliver what both the noble Lord and I need, rather than one of us charging off with it.

[Lord Mackay of Clashfern (Con)]

My Lords, the form of Motion C is slightly puzzling as compared with the previous Motion put to the House, where it was suggested that:

“If a local authority so wishes, and can demonstrate a need for other kinds of low cost … ownership”,

and so on. There was no reference to anybody having to be satisfied or to whom the demonstration was to be made, whereas the second amendment proposed on this occasion would require that demonstration to be to “the Secretary of State”. It does not say to what extent or with what satisfaction, or anything like that. I do not know what difference there is between this Motion and the words used in Motion B1, which has just been accepted.

The main point I want to make is that the House of Commons has rejected the proposal from here for interfering with the financial arrangements that it has made. We are all aware of the fact that it is the House of Commons which is responsible for the financial arrangements. Those of your Lordships who have been here a little time will know that I have suffered somewhat strongly from this form of answer to an amendment which was passed here with a large majority some years ago, so this is not something which I am particularly keen on having. On the other hand it is some restriction on the powers of this House, which we must respect and understand.

The House of Commons has the right to make these financial arrangements. It is responsible and elected. If its financial arrangements are not satisfactory to people, then in due course they may have a chance to voice that at the polling booth. In the mean time, in my submission to your Lordships, it would be quite wrong for us to seek to overturn the financial arrangements made by the House of Commons. No doubt the House of Commons has considered this matter and I have no reason to suppose that it would be altered on a return there. The situation seems to be that if this Motion were passed, we would be seeking to defy the financial control of the House of Commons.

[Lord Kerslake]

My Lords, perhaps I may just say a few words on that point. The amendment before you today differs in some significant aspects, which I believe do not cut across the financial prerogative of the House of Commons. In the first instance, it makes it clear that any agreement has to have the agreement of the Secretary of State. That is the additional point that the noble Lord, Lord Porter, objected to, but it makes it quite clear that both parties have to agree to this before money can be retained.

In the second leg of my amendment to the Motion, there has to be a “particular need” and it has to be demonstrated to the Secretary of State. Again, the Secretary of State has the ability—