House of Lords Reform Bill [HL]

Lord Steel of Aikwood Excerpts

Friday 10th February 2012 Lords Chamber

Moved by

[Lord Steel of Aikwood]

That the Report be now received.

Amendment to the Motion

Tabled by

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Moved by

[Lord Steel of Aikwood]

215B: Clause 10, leave out Clause 10

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[Lord True]

My Lords, I have added my name to Amendment 234. I have had other amendments passed over which I am content to have had passed over because I had no intention of pressing them, although in the matters that are dealt with in Amendment 229 the House should proceed with the utmost openness and accountability. However, I do not want to stray out of order. I hope that my noble friend Lord Steel will accept the amendment that would replace three months with six, because, speaking from the standpoint of a local councillor, I know that you can be absent from a local council for six months without having to go through any procedure in order to establish whether you are away bona fide. We do not expect there to be short Sessions of your Lordships' House of three months, but, given the natural age profile of this Chamber, it is quite possible that people may be ill, and six months would probably be a fairer time. I would therefore be grateful if my noble friend considered that amendment.

[Lord Steel of Aikwood]

My Lords, I am happy to accept both the amendments.

[Viscount Astor]

I am grateful to my noble friend.

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[Lord Hunt of Kings Heath]

I apologise to the Speaker but it would be helpful to have the view of the noble Lord, Lord Steel, on the amendment before we move to a vote on it.

[Lord Steel of Aikwood]

I think it is perfectly reasonable, but my noble friend said that he was not moving it.

[Lord Trefgarne]

I did move it but I do not propose to precipitate a Division. I beg leave to withdraw the amendment.

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[Lord Trefgarne]

I am keen on Amendment 237. I beg to move.

[Lord Steel of Aikwood]

My Lords, I am happy to accept the amendment.

Amendment 237 agreed.

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[Lord Hunt of Kings Heath]

My Lords, I hope that the noble Lord, Lord Steel, will resist any sense of moving away from Clause 15, which is absolutely right and makes it clear that a,

“person found guilty of one or more offences”,

and who is sentenced to imprisonment,

“for more than one year, shall cease to be a member of the House of Lords”.

That is a very important point of principle on which I know almost all noble Lords agree, and it is very important that this goes forward. Surely, on the point raised by the noble Viscount, Lord Astor, it is a different issue in relation to elections to the other place. Obviously, there are disqualification provisions in relation to Members of Parliament. In fact, I believe that Clause 15 essentially follows the provisions in relation to Members of Parliament who may be sentenced to prison. However, if a person has served a prison sentence and then puts themselves forward for election, surely that is a matter for the electorate to decide—certainly not this House.

[Lord Steel of Aikwood]

My Lords, I undertook in Committee to look at this matter and discuss it with the Ministry of Justice. I have in my hand four pages of brief from the Cabinet Office. I do not propose to weary the House with it but its essential conclusion is that the Bill merely brings the House into line with the rules in the House of Commons. The suggestion is therefore that we should resist the noble Viscount’s amendment, but if he is still anxious about it we can have a discussion outside the Chamber and he could raise it again at Third Reading. But, at the moment, I think we should resist the amendment.

[Viscount Astor]

My Lords, I am grateful for the response from the noble Lord, Lord Steel. As I said, my amendment was put down purely to get some elucidation and clarity on the clauses. It would be helpful if the noble Lord felt able to put the response that he has had from the Ministry of Justice in the Library for those of us who have some interest in this to look at. I am grateful for his assurance that he will do so. I beg leave to withdraw the amendment.

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[The Earl of Erroll]

My Lords, the world is a complex place and rules very rarely work in it because there is always some exception. It is wise to have an avenue of appeal for special circumstances. It would probably never be exercised but it is wise to have it there as a fallback, just in case.

[Lord Steel of Aikwood]

My Lords, in answer to my noble friend Lord Caithness, no, the provisions in the Bill are definitely not retrospective. They start from the time of Royal Assent, if we ever get to that stage. On the amendment itself, I entirely take the point of the noble Earl, Lord Erroll. I am not enthusiastic about adding bits to the Bill at this stage, but if the House is minded to do so I would be quite happy for Amendment 280 to be carried.

[The Earl of Caithness]

My Lords, I wonder whether it might not be better if I withdrew this amendment, talked to my noble friend and came back at Third Reading—I see the noble Lord, Lord Hunt of Kings Heath, nodding—with amendments that were more tightly drawn. I think that everyone understands the point I am making.

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Moved by

[Lord Steel of Aikwood]

291: Clause 17, leave out Clause 17

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[Lord True]

My Lords, in speaking to this amendment, I make it absolutely clear that I have no intention of testing the opinion of the House. However, there is an important issue here on which I should like to hear some response from the Government, as well as from my noble friend Lord Steel. There is an important point that is very much in the public eye and undoubtedly reflects on the reputation of the House, as it reflects on the reputation of the other place. That matter is the misuse and wrongful claiming of expenses and the consequences that flow from that. I submit that if wrongfully claimed expenses are not repaid—my amendment suggests that up to a year might be given for repayment—for whatever reason, the person concerned should be excluded. Just as a person who commits an offence under the law serves some time, the person who refuses to heed the desire of the House and make restitution for wrongful action should be excluded from this House. That is a perfectly reasonable proposition.

In its Long Title, the Bill says that it would,

“provide for the expulsion of members of the House of Lords in specified circumstances”.

We have just discussed the circumstances relating to criminal offences. At some point, which may not be in this Bill but in the other monster Bill that we keep hearing about, not only this House but Parliament needs to address the question that would arise in such a case. I am not referring to anyone in particular in making these remarks; it could be any of us down the line. If these circumstances arise, we should ultimately have the power to exclude such a Member.

Currently, the suspension powers have been used by the House with the full support of the House. It is not a matter for inclusion in my noble friend’s Bill, but I think he would agree that it is a matter that needs to be looked at. I do not know whether my noble friend on the Front Bench will comment on whether this is a matter that the Government have under consideration. Maybe my noble friend Lord Steel has something to say. Ultimately, the public will not understand if we do not get to grips with this issue, which is why I took the trouble to put it before noble Lords—not, I hope, too much to their dissatisfaction. I beg to move.

[Lord Steel of Aikwood]

My Lords, I referred to this matter in my speech. This is the point that my noble friend Lord Dobbs raised some weeks ago. I am very sympathetic to the amendment that the noble Lord has moved but I am not sure that it is entirely watertight. It suggests that the House would not have the power to expel someone right away if it was felt that they had behaved extremely badly. I wonder whether I could persuade my noble friend not to press his amendment today, subject to what will be said from the Front Benches. However, we should certainly come back to this on Third Reading.

[Viscount Astor]

My Lords, when the Minister responds to this amendment, perhaps he could tell us what the rules are in another place. My noble friend’s amendment seems very much to follow what happens in another place, which I think would have the support of the noble Lord, Lord Steel.

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[Lord Wallace of Saltaire]

My Lords, I hear very clearly what the noble Lord says. He understands the restrictions under which I must operate. We will take this back and of course consult. This is part of a process that is already under way, as all noble Lords here understand, and that some of us hope will go rather further. This Government are a formal coalition—rather different in shape from the informal and sometimes bad-tempered coalition of our predecessor Government, but we must therefore necessarily discuss this.

[Lord Steel of Aikwood]

Perhaps I may add that I discussed this matter with the Deputy Prime Minister some time ago, and the last time we did so he agreed to look at it again in the new year. Once the Bill has had its Report and Third Reading, we will know exactly what is in it and what is not, and I will propose a further discussion with him. I am well aware of the difficulty of former party leaders telling current party leaders what to do, but I will do my best.

[Lord True]

My Lords, I suppose that was a reply from my noble friend to the amendment. I made very clear at the start that I did not intend to press it, so I can certainly reassure the noble Lord, Lord Richard, on that—and of course I hear what he and the noble Lord, Lord Desai, said about the need for room to appeal. Indeed, we have just had that discussion on the criminal offence. I do not believe it is that complicated to bring the two elements into line in the drafting, and although I am perfectly content and recognise the need to make progress, and I always intended to beg leave to withdraw the amendment, we really must grasp this nettle. If that does not happen, however uncomfortable it is and whatever reasons are given in different places, it simply will not be understood.

I am willing to take part in any discussions, as is my noble friend Lord Dobbs, who cannot be with us. I completely disagree with my noble friend Lord Cormack—I do not think that this House has to be in line with the House of Commons, which has rules simply because it has elections every five years. We do not have elections every five years. The problems for us are different and relate to the Writ of Summons, and we are increasingly passing legislation that overrides it. There is a potential House of Lords solution and I would willingly take part in any discussions on those matters. I am encouraged by what was said by my noble friend on the Front Bench and, in light of that, I beg leave to withdraw the amendment.

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[Baroness Butler-Sloss]

My Lords, having listened with great interest to what has been going on this afternoon, perhaps I may add a word as a Cross-Bencher. I think that the noble Lord, Lord Hunt, has spoken some words of wisdom here. If the Bill is kept extremely simple and anything that has the potential to be contentious in the other House is removed, we have a good chance of getting our own House in better order and that will have further implications at a later stage. I am absolutely certain that this issue needs to come back at some stage, but it could come back in another Bill and it could then be debated in a different way. Personally, I do not really mind whether I vote or not in a general election, although I can see the point of voting, but this may not be the best moment to deal with this matter.

[Lord Steel of Aikwood]

Clause 18 was not in the original Bill; it was added in an amendment moved by the noble Lord, Lord Dubs, in Committee. I have to confess that we did not have a long debate on it but he was very reasonable in moving the amendment and perhaps I was too reasonable in accepting it at the time. However, the noble Lord, Lord Hunt, makes a fair point. Perhaps we should stop for a second and consider what was referred to earlier as the “monster Bill”—not a phrase that I would dream of using. When that Bill comes forward, it will propose that this should be an elected House. Are we going to say that Members of the other place should not take part in those elections? Therefore, it gives rise to an interesting question. I think that the noble and learned Baroness is correct: it would perhaps be wiser to accept the amendment of the noble Lord, Lord Trefgarne, take the clause out now and keep the Bill as simple and as short as possible when it goes to the other place.

Amendment 300 agreed.

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[Lord Trefgarne]

My Lords, I beg to move.

[Lord Steel of Aikwood]

Having removed from the Bill the Appointments Commission and the section on hereditary by-elections, we do not actually need Clause 19 at all. Therefore, I suggest that we accept this amendment.

Amendment 305 agreed.

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Moved by

[Lord Steel of Aikwood]

306A: Clause 20, page 7, line 11, leave out “House of Lords Reform Act 2010” and insert “House of Lords (Amendment) Act 2012”

[Lord Steel of Aikwood]

My Lords, I beg to move an amendment to the Short Title of the Bill simply because, having pared the Bill down to just two succinct issues—retirement and expulsion—I think it is rather grandiose to describe it as a House of Lords Reform Bill. It also runs the risk of being confused with the other Bill—I shall not insert an adjective—which is due to come before us. Therefore, I think that “House of Lords (Amendment) Act” is a better title than “House of Lords Reform Act”.

[Lord Tyler]

My Lords, I am sure that when other Members of your Lordships’ House who have experience of Fridays in the other place looked at the Marshalled List today, they thought that we were in for a similar sort of experience. I know that my noble friend Lord Steel of Aikwood certainly had that tedious experience all too often of cloak-and-dagger assassins killing off Private Members’ Bills. I hope that that will not become a habit in your Lordships’ House because it is not only tedious but extremely frustrating.

Among the amendments today were a number of contradictory amendments—some from the same author. I thought that the expressions of good will in Committee indicated that we had consensus that the Bill in the form that my noble friend was pursuing had considerable support on all sides of the House. From the changes that have taken place today, in response to the wealth of amendments, it is clear that the Bill we thought we had dealt with in Committee did not have consensus across the House. Some 300 amendments would take out some very important provisions. We have been told on so many occasions in the past two or three years that my noble friend’s Bill would not only enjoy widespread support but would deal with all the major defects in the stature, authority and reputation of your Lordships’ House. The removal of Clause 10, as my noble friend said in his opening speech, emasculates the Bill. It would take out the most important provisions.

As so often at this end of the Building, the compromise that has been reached has been grabbed out of the jaws of chaos. We have to recognise that; it would be silly not to do so. I am sure that my noble friend Lord Steel of Aikwood would be the first to admit that nobody can be under any illusion that this exercise will result in even a modest step forward towards reform, hence his realistic assessment that this is no longer a House of Lords Reform Bill but simply a House of Lords amendment Bill, and we should recognise that.

The only logical conclusion must be that the sooner the government Bill comes forward—no doubt it will be improved by the very assiduous pre-legislative scrutiny that has been undertaken by the Joint Committee on which I served under the chairmanship of the noble Lord, Lord Richard—the better. When that Bill comes before Parliament I hope that we will not have another of these episodes when everyone says that they are in favour of doing something but, when it comes to the opportunity to do so, we have this sort of shambles that we would have faced today had all the amendments been moved. That does no good for the reputation of your Lordships’ House. I hope that, having had this experience today, we will take a lesson for the future. We should have a methodical, careful, meticulous process, but we should draw a very important conclusion from the way in which we might have been faced with a similar experience that Members of the other House have every time there is a Private Member’s Bill on a Friday.

Amendment 306, with Amendment 312A, makes the simple fact absolutely clear—piecemeal is not a way to approach the most important reforms to your Lordships’ House that we will have to consider in the months to come.

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Moved by

[Lord Steel of Aikwood]

24: Clause 1, leave out Clause 1

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Moved by

[Lord Steel of Aikwood]

94: Clause 2, leave out Clause 2

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Moved by

[Lord Steel of Aikwood]

100: Clause 3, leave out Clause 3

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Moved by

[Lord Steel of Aikwood]

114: Clause 4, leave out Clause 4

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Moved by

[Lord Steel of Aikwood]

136: Clause 5, leave out Clause 5

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Moved by

[Lord Steel of Aikwood]

148: Clause 6, leave out Clause 6

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Moved by

[Lord Steel of Aikwood]

152: Clause 7, leave out Clause 7

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Moved by

[Lord Steel of Aikwood]

189: Clause 8, leave out Clause 8

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Moved by

[Lord Steel of Aikwood]

201: Clause 9, leave out Clause 9

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Moved by

[Lord Steel of Aikwood]

310: In the Title, line 1, leave out from beginning to second “to” in line 2

[Lord Steel of Aikwood]

My Lords, this amendment simply brings the Long Title of the Bill into line with its reduced content. I beg to move.

Amendment 310 agreed.

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[Lord Selsdon]

Perhaps I may ask for clarification as regards the Long Title. One of the amendments I proposed earlier was that those of us who had been elected would be known as “elected hereditary Peers” rather than “excepted hereditary Peers”. I am in a slight muddle about the Long Title and I wonder whether I can have some clarification.

[Lord Steel of Aikwood]

My Lords, the short answer is no.

[Lord Selsdon]

I therefore feel slightly confused by the Long Title as regards where it says “hereditary peerage” and we still have the election process in place. If it is correct, I have no objection.

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Moved by

[Lord Steel of Aikwood]

312A: In the Title, line 2, leave out “to restrict membership of the House of Lords by virtue of hereditary peerage; to”

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Moved by

[Lord Steel of Aikwood]

314: In the Title, line 6, leave out “and for connected purposes”

[Lord Steel of Aikwood]

My Lords, this is an important alteration to the Long Title for the following reason. We have talked already about what happens when the Bill goes to the other place. Removing the words “and for connected purposes” means that the Speaker in the other place will find it much easier to rule out vexatious amendments which seek to hold up the legislation. If we leave that in the Long Title, the Bill could become a Christmas tree on which other pieces are hung. Therefore, this is more than just a technical amendment and it is important that those words should be taken out of the Long Title. I beg to move.

Amendment 314 agreed.