Intelligence and Security Committee of Parliament Report: Fusilier Lee Rigby

Lord Reid of Cardowan Excerpts

Tuesday 25th November 2014 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is right. I can only imagine how members of the Armed Forces must feel, knowing that one of them has been attacked and murdered in cold blood on the streets of London. Our advice to the Armed Forces remains very relevant and will be reviewed should it ever be necessary to change it.

[Lord Reid of Cardowan (Lab)]

My Lords, can the Minister respond to the points arising from the imperative she mentioned—not to delay in doing that which is necessary to assure the country? Without being in the least bit churlish about this, what is now being admitted is that which was denied by the Government prior to, and from, 2010: first, we are fighting an international struggle against terrorism; secondly, the measures necessary for surveillance by improving GCHQ are less than adequate, for reasons connected with the coalition’s internal politics; and, thirdly, control orders, which were weakened down to TPIMs, are now being strengthened back up to become virtual control orders. If we are going to be honest and realistic about this, we have to answer the question that the public will ask. How is it that over the past four or five years, when we have had a high threat level in this country, we have diminished security and it is only now that the Government are thinking of increasing it again?

[Baroness Stowell of Beeston]

What I would say to the noble Lord is that what we have done and will continue to do is to take the advice of David Anderson QC on the measures that we introduce. We have responded to the increasing threat. We have listened to the security services and the police service. They have requested additional measures and we are bringing those additional measures in. Clearly, an appalling and tragic event happened, and this report focuses on that. We all wish that it had not happened. What the report tells us today is that, sadly, nothing could have been done to prevent it happening and the two men who were guilty of that crime are currently in prison serving life.

Iraq

Lord Reid of Cardowan Excerpts

Friday 26th September 2014 Lords Chamber

[Lord Reid of Cardowan (Lab)]

My Lords, I have no hesitation in saying that I believe that Parliament will support the Government on this today. So I want to confine myself to two simple questions. The first is: what are the political objectives? Force has no utility unless it is used in pursuit of political objectives. In Iraq they are clear: the defeat and degradation of ISIL, and support for the democratically elected Government. In Syria it is essential that we have some inkling of where the Government are going because you can separate the issue in terms of Motions but you cannot separate it in reality. It is much more complicated and more conflicted. Put simply—I disagree with a colleague, the noble Lord, Lord Hannay, on this—it is not the wisest course to try to get rid of ISIL and Assad at the same time. Both may be devils but perhaps we ought to consider at least that the devil we know may be better, at least temporarily, than the one that we are only beginning to know. That is a hard decision to make but this is realpolitik.

My second question is this: what is the strategy? Or rather, where is the strategy? By that I do not mean military strategy but what militarists would call the overarching, grand strategy. While it is doubtless necessary to degrade ISIL at the moment, we need to be alert to the contagion that has resulted in, for instance, al-Qaeda rebranding itself and murdering French citizens in Algeria last week, and attacks in Mumbai, Yemen, Somalia and so on. That is not to mention Libya, which is now an ungovernable mess—a reservoir of terrorist ammunition for the rest of the country as a result of a “tactical intervention”. That is what worries me if, on this occasion, we are confining this to a tactical intervention. If all we do is limited military intervention, push on with tactical strikes and then look for the so-called exit strategy, we will achieve nothing. We will go round in the same circle again in another part of the world.

Surely, of all the lessons of Iraq—I disagree with a lot of what I think are superficial lessons—one is that it is quite possible to win a decisive military battle: the first six days were very successful, but it was the next six years that were the problem. Building the peace is an essential part of a grand strategy. If we do not have plans to build that peace on a wider scale then we will just go back to where we were before.

Let me conclude by saying what I believe a grand strategy is about. It is not grandiose but quite simple, and I would identify three elements. First and foremost, it does not confuse combat, or even decisive battles, with winning anything other than a short-lived, fragile peace or truce, during which we will actually win the longer term.

Secondly, grand strategies cannot be delivered successfully without a wide coalition. While I welcome the Arab states being involved, the wide coalition is answered by asking not just, “Who are our friends?”, but, “What are the interests of other people?”. Given some of the threats I have mentioned, Russia, China, Iran and others have the same interests as us against that primary threat. We should be talking to them. The decision this House made in Syria last year resulted in a realignment because we moved from getting rid of Assad to getting rid of chemical weapons with the support of Russia, Iran and so on. That is the second element.

The third is that such coalitions require capacity that goes well beyond military capability. If a strategy does not include public services such as education, health, sanitation, water supplies and so on—a real intervention to establish the winning of the peace—then, as I said earlier, we may well snatch defeat from the jaws of victory. This time when we act, let us work through not only the tactical and military interventions but the grand strategy to win the peace as well as the short-term battles.

House of Lords: Membership

Lord Reid of Cardowan Excerpts

Thursday 28th February 2013 Lords Chamber

[Lord Hill of Oareford]

Clearly I take the point made by the noble Baroness, Lady Hayman, that there was a difference between the extremely clear view expressed—a 71% majority in favour in principle of an elected House—and what happened. As she said, when push came to shove some of the consequences of an elected House, such as the issue about the balance of powers between the two Chambers and so on, perhaps became less compelling. However, that was the situation and the Government have made it clear that they will not bring forward further legislation to reform the House in what remains of this Parliament. This position was welcomed by many in the House.

[Lord Reid of Cardowan]

I am keen to preserve the spirit of consensus that my noble friend Lord Hunt generated. However, with respect to the Leader of the House, who I hope will be engaging in discussions with the Government and other authorities, the question of legitimacy that he raised—that it would not be legitimate when something had been done to appear to do the opposite subsequently—must be truly addressed. Does he recognise that not only was the idea of proportionality lost in the proposals for this House but it was previously rejected under this Administration by the country in the referendum on the alternative vote system? Given that there is an apparent consistency about the legitimacy of the processes and non-contradiction, will the Leader assure us that, given the fact that proportionality has been rejected by the country in an overwhelming vote and then lost during the proposals for reform of the House of Lords, the idea of proportionality through appointment to this House will not be pursued?

[Lord Hill of Oareford]

On the point about proportionality, the noble Lord will know that in the coalition document, the parties set out their position—although, as I argued earlier when I referred to the exercise of restraint, progress towards that form of words has not been put into effect in the same way. I agree with him about the importance of this being a consensual debate. I do not seek to make it political.

Arrangement of Business

Lord Reid of Cardowan Excerpts

Wednesday 31st October 2012 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, might I answer that point? I shall ask my noble friend whether he will agree to place the opinion of counsel in the Library of the House alongside that of the Clerk of the House.

[Lord Reid of Cardowan]

My Lords, I may be the only one, but, further to the clarification which the Leader gave, I am now more confused than ever. He appeared to say that it would be open to this House to agree to proceed with a debate, but that it would not be open to it to deny a debate if the mover of the amendment insisted on proceeding with it. Did I understand him correctly and, if that is the case, does that apply to other Members of this House who have their name to the amendment? In other words, if any of them insisted on going ahead, must a debate take place? That is now my understanding of what the Leader said in his clarification. If he could confirm that, I would be obliged.

[Lord Strathclyde]

My Lords, let me quickly confirm that. The answer to that is yes.

Scotland: Referendum

Lord Reid of Cardowan Excerpts

Monday 15th October 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I cannot give my noble friend the comfort that he wants. There is nothing that we can do to oblige the Scottish Parliament to publish a draft Bill, and this very much depends on the process of the passage of that Bill in the Scottish Parliament.

On the second point on the franchise, such voting already takes place in Scotland. The Scottish Parliament decided that 16 and 17 year-olds who turned 18 during the lifetime of the register would be able to vote in the health board elections. It may be a small example but it is an example of where devolution on the franchise has already taken place. I reiterate that I am not in favour of a change in the franchise but it will be a matter for the Scottish Parliament to decide.

[Lord Reid of Cardowan]

My Lords, everyone in this House accepts that in these discussions compromise is necessary. But that compromise has to be informed by the need and the criteria for clarity, fairness and legitimacy. Let us accept that having one question certainly meets those criteria. However, there are two areas which fail to meet those criteria.

First, the idea of having the Scottish Parliament and the SNP effectively decide the question is not liable to assist in either legitimacy in the long run or fairness in the short term. There may be inadequacies, as has been pointed out, about the Electoral Commission, but I am sure that if anyone in Scotland was asked who was likely to be more objective in choosing a question between the SNP and the Electoral Commission, I would not bet against the Electoral Commission winning that judgment.

Secondly, as my noble friend Lord McConnell pointed out, to ask people to vote for a Section 30 before they know what they are voting for is similar to asking people to vote on devo-max before they know what they are voting on. Since we argued successfully against that—that people should not be asked to vote for a “pig in a poke”—if that applies in the Scottish referendum surely it applies in this House and the other Chamber.

[Lord Strathclyde]

My Lords, the noble Lord said that compromise was necessary and I think that all those who have followed this process would agree with him. He also mentioned clarity and we do have clarity in the single question. I am one of those who have never entirely understood what is meant by devo-max, and if you ask three people what they think it is you always get four different answers. Therefore, it is entirely right that we remove the opportunity for that question to be asked.

The question on the paper will be a question on independence. The precise wording will be for the Scottish Parliament to determine and will be set out in the referendum Bill to be introduced by the Scottish Government. However, the Scottish Government have agreed to refer the proposed referendum question and any preceding statement to the Electoral Commission for review of its intelligibility. It is important that interested parties will be able to submit their views on the proposed wording to the Electoral Commission as part of the commission’s review process in the normal way.

We have had experience of this already, although admittedly perhaps not on something this important or involving the Scottish Parliament. The Scottish Government will respond to the report, indicating their response to any recommendations that the Electoral Commission may make. The point is that this will be a very public process. Equally, constitutionally it is right that it must be up to a parliament to decide what question should be on the paper. That is what this Parliament would demand and I can understand why we have concluded that it is right for the Scottish Parliament to do the same thing.

House of Lords Reform Bill

Lord Reid of Cardowan Excerpts

Wednesday 27th June 2012 Lords Chamber

[Lord Strathclyde]

My Lords, apart from powers, one of the key areas will be the electoral system, which is different from the one originally proposed in the draft Bill. It is different from what was suggested by the Joint Committee, although the committee suggested some improvements to the original system on which this is based. Under this system, it is difficult for independents to be elected, which is why we have reserved 20% of the House to independents who will be put here through the statutory Appointments Commission. It is beyond doubt that it is a proportional system. Therefore, there will be no natural majority for any Government, which will preserve one of the strengths of this House.

[Lord Reid of Cardowan]

Will the Leader of the House at least consider that, after the White Paper and all the deliberations, consultations, and discussions he has made a bad Bill worse? First, as has just been pointed out, the new senators will be less independent than originally proposed because not only will the list system make them more loyal to parties but they will have to be determined on the list by the party leaders. Secondly, they will be more likely to intervene in the legislative process and the work of the House of Commons because they will have no constituency work to do and can spend all their time dealing with matters of politics and legislation.

Thirdly, I am sceptical about the cost. I do not know what the Leader of the House would think of any new company which starts up with 450 employees and bases its overheads and costs assessment on the hope that they would not turn up to work, which seems to be what he is doing. Above all, will the Leader of the House explain—if he knows it but Members of the other House do not—that you cannot ring-fence by regulations or by law the natural dynamic of politics? If you choose 300 senators with constituencies 10 times as big but with no constituency work for a term three times as long, whatever the regulations that will become through the dynamic the primary House. If there is scepticism from the Members of the House of Commons about this cast-iron guarantee that they have been given, will he refer them to the cast-iron guarantees that were given by Mr Straw that the Freedom of Information Act would be ring-fenced so that it did not apply to MPs allowances?

[Lord Strathclyde]

My Lords, the noble Lord says that Peers elected under this new system will be even less independent. We are not calling them senators at the moment: we are not calling them anything. I think that the Bill calls them Members of the House of Lords, but they will not necessarily be Lords.

The noble Lord’s charge is that they will be less independent than they are today. I am not sure that that holds water at all. At the moment, Peers get appointed by their party leaders and presumably act accordingly. Under this arrangement they will be elected by the electorate, but once they are here they will not need to be reselected to stand again because it will for one term only. Do I agree with the noble Lord that they will intervene in improving scrutiny of legislation? I think they will. This Bill is now in the House of Commons. It is up to Members of the House of Commons to decide whether the noble Lord is right and whether that will aid the scrutiny of legislation or improve it. I believe that it will improve it and that elected Members of this House will be more assertive than the current House.

Draft House of Lords Reform Bill

Lord Reid of Cardowan Excerpts

Tuesday 7th June 2011 Lords Chamber

[Lord Pearson of Rannoch]

My Lords, any proposed reform of your Lordships' House clearly puts the cart before the horse. Given that a majority—or at least a very great deal—of our national law is now made in Brussels, with the House of Commons and your Lordships' House irrelevant in the process, why do we not start by retrieving our democracy from Brussels for the House of Commons and your Lordships' House? We could then work out how the Executive will be held to account in the House of Commons by a new committee structure, perhaps with new powers for the House of Commons and your Lordships' House. When we have done that, we could work out the job that we want your Lordships' House or any second Chamber to do. Only when we have done that should we decide who we want to sit in the second Chamber and how they should come here.

[Lord Reid of Cardowan]

My Lords, I first make two declarations of interest. The first is that I was a member of the Government that consistently brought back proposals for 20, 40, 60, 80 and 100 per cent of Members of this Chamber or its replacement to be elected. The second declaration is that I voted against every such proposal on every occasion. I did so for two reasons. First, it was not self-evident that such a change would increase the efficiency of government. More importantly, as I had spent my life in the House of Commons, I wanted to protect the primacy of the House of Commons. It was obvious that it was impossible to bestow democratic legitimacy on a Chamber that was widely perceived as being slightly more mature, both in years and wisdom, and certainly more full of expertise, and in all practical terms to stop it becoming the senior Chamber. I still believe that.

House of Lords Reform Bill

Lord Reid of Cardowan Excerpts

Tuesday 17th May 2011 Lords Chamber

[Lord Elystan-Morgan]

My Lords, may I—

[Lord Reid of Cardowan]

My Lords—

[Lord McNally]

We will hear from the noble Lord, Lord Reid, and then from the Cross Benches.

[Lord Reid of Cardowan]

First, I thank the noble Lord for his elucidation of the thoughts of the Deputy Prime Minister, which I am sure he has done to the best of his ability, but could he help us further? Since the Executive under our constitution—the Government —are so by virtue of their ability to command a majority in the House under the democratically elected system, and since it is obvious that the Deputy Prime Minister considers that the electoral system of proportional representation with which this House would be elected better represents the common will, why, under the reform programmes would the Executive—that is, the Government—be chosen on the basis of a majority under first past the post in the House of Commons rather than under a majority under proportional representation in this House? Was he briefed on the Deputy Prime Minister’s thoughts on this?

[Lord Strathclyde]

My Lords, that is a clever argument, but it will not wash. There is no intention at all to change the primacy of another place or of the Government being able to govern by commanding a majority in another place. In fact, PR would preserve the system that we have here, whereby the Government do not have a majority.

Libya

Lord Reid of Cardowan Excerpts

Monday 21st March 2011 Lords Chamber

[Lord Strathclyde]

My Lords, much as I would like to, I cannot confirm that to the noble and gallant Lord. I can, however, confirm again that the air defences have been broadly knocked out. Of course the noble and gallant Lord, with all his considerable experience, understands the cost of these arms, but this is the kind of action that we would expect our Armed Forces to be able to deal with. If costs escalate substantially over the next few weeks, no doubt the Secretary of State for Defence and the Chancellor of the Exchequer will need to discuss where this money will come from.

[Lord Reid of Cardowan]

My Lords, the noble and gallant Lord referred to resources. Since the primary purpose of this is the protection of civilians, and since the regime is the biggest threat to civilians, in the absence of either a change of heart by the regime, which seems highly improbable, or a change of regime, we have to consider that this no-fly zone might be sustained for the long term as necessary. In Iraq, for instance, to protect the Kurds in the north and the Marsh Arabs in the south, one such zone lasted for 12 years. Will the noble Lord assure us that the Government not only have the resolve to stay the course on this but, following some of the comments that have just been made, that we have the resources to continue to play our part in it in the light of the recent defence review?

[Lord Strathclyde]

My Lords, the noble Lord, Lord Reid, asks an immensely good question. He is right to say that it might be for the long term, and none of us can say at this stage what the long term is. We have taken decisions over the course of the past few weeks on the need for a no-fly zone and we have constructed an international alliance. We will wish to maintain that and to get other countries to provide military assets. If we are successful in doing so then there is every reason to believe that the pressure that is being brought on the regime will prove a success. I think that all noble Lords listening to this exchange will have different views about what “long term” will mean. We will have to see how these events unfold before we can take a final decision on what the longest-term commitment from the United Kingdom will be.

Parliamentary Voting System and Constituencies Bill

Lord Reid of Cardowan Excerpts

Monday 6th December 2010 Lords Chamber

[Lord Grocott]

My Lords, the noble Lord, Lord Tyler, has missed the point of my noble friend’s amendment, which is characteristically sensible and clever. It in no way prevents the Government from having the referendum when they want to have it. It simply gives them, as my noble friend has expressed very clearly, another lifeboat. It would have been so much simpler if we had had an indicative referendum, as has already been said, because huge chunks of this document would not have to be debated between now and 5 May, if that is when the Government want to hold the referendum. Those would be matters to consider after the indicative referendum, but the House has decided not to go ahead with that. As my noble friend said, the choice is still there for the Government to take.

I put this to the Government in as gentle a way as I can. Quite often you put documents together before an election, although on this occasion the coalition document was put together after the election. This would not be the first Government in history to find that it was not possible to enact some of their intentions. That would not be a first in British constitutional history.

[Lord Reid of Cardowan]

My noble friend will have noticed the staunch support for Scottish wisdom given by the noble Lord, Lord Tyler, and I am sure that the nation is grateful for that, but if the noble Lord is actually looking at the wisdom of the Scots, will he look at the last time there was a dual election in Scotland, when there were local government elections, a referendum on first past the post for local government, Scottish parliamentary elections on the alternative vote and the criticisms afterwards? It was a shambles for which the Labour Government were rightly upbraided. That is precisely the point that is being made about the potential on this occasion.

[Lord Grocott]

I very much agree with my noble friend. We have so many different electoral systems—five already with one proposed implicitly in this legislation and another additionally proposed if and when we come to elect the House of Lords. Before long, one will need at least a first year’s study on the British constitution to understand the various electoral systems that are being simultaneously offered to the British public. That is something that requires serious attention.

We all understand the Government’s intention. Apart from financial reasons, I would like them to explain why it is so urgent to get this dealt with by 5 May. We recognise that all too often Governments do not get what they want. That is sometimes for very good reasons. Perhaps the Liberal Democrats know a little about this at the moment in respect of student fees. When that happens, the ideal position to be in is one of some flexibility, which my noble friend offers with this amendment.

I offer one thought. I had the honour of having the responsibility in this House of trying to schedule government business in a way that was, as far as humanly possible, acceptable to the four parties to the discussions—the three political parties operating independently and the Cross-Benchers. It is an extraordinarily difficult business to achieve satisfactorily. For the life of me I cannot see how this Bill, which has not had the pre-legislative scrutiny or proper consideration for a Bill of this size—which is actually two Bills because it will become the Act that delivers the referendum, should the vote go in favour of a change in the voting system—can be considered in the time available between now and next February. It is beyond me.

We are on page 1 and I will sit down soon lest I be accused of filibustering, which I am emphatically not going to do in considering this Bill. We have another 300 pages to go. We have three more Committee sittings before Christmas. We have a half-term break scheduled. There have to be two weeks between Committee and Report on the Bill, three days between Report and Third Reading and heaven knows how many exchanges of ping-pong between the two Houses. It is quite beyond me how that can be achieved. I have not done the maths but, even if we spent all the legislative days left between now and next February on this Bill—assuming we get through, let us say, five pages a day, which would be pretty good going at the rate we are going at present—I do not see how on earth this can be delivered.

If the Government are sensible, there will not need to be any vote. If there is any reason other than the alleged saving for having all these elections on the same day, please let us hear it. The only one that I have heard is the financial argument, which we must take seriously. Of course, the best financial argument of the lot would be the one that I would offer to the Government, which is not to hold the referendum at all. Perhaps we could have the figures on that just to show the probity with which I assessed these questions of public expenditure. If there is another explanation, let us have it, but in the mean time what is conceivably lost by having the flexibility that my noble friend is offering?