Local Government Bill [HL]

Lord Strathclyde Excerpts

Tuesday 8th June 2010 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords—

[Noble Lords]

Resign!

[Lord Strathclyde]

My Lords, a few moments ago when I was making the procedural statement, I explained that if the Motion was carried we would not continue with Second Reading. Therefore, we will not continue with Second Reading.

However, because the business has now effectively closed down rather sooner than we had anticipated, the noble Lord, Lord Levene, who has the next business, is not in his place. Therefore, I suggest that we adjourn the House during pleasure until 4.30 pm until we can find the noble Lord.

Special Advisers

Lord Strathclyde Excerpts

Monday 7th June 2010 Lords Chamber

[Lord Sheldon]

To ask Her Majesty’s Government how many special advisers have been selected who have been approved by the Prime Minister.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, a list of special adviser appointments will be published shortly and will be available in the Library of the House. In accordance with the requirements of the Ministerial Code, all special adviser appointments are approved by the Prime Minister.

[Lord Sheldon]

My Lords, I thank the noble Lord for that response. Many parliamentary advisers who have been employed have had none of the background of civil servants, and in some cases the Government created special advisers whose role was superior to those in the Civil Service. Has this practice now come to an end?

[Lord Strathclyde]

My Lords, I very much regret that I was not in a position to give the noble Lord a clearer answer in my first response because he put his Question down slightly before the Government were ready to answer it. However, we will do so very shortly. I can confirm that, under this Government, the hideous regime of special advisers telling permanent civil servants what to do will come to an end.

[Lord Maclennan of Rogart]

Since the watchword of the two parties in this coalition is “fairness” and the role of special advisers is essentially a political one—liaising with outside opinion and Members of Parliament—will the Government exercise fairness in their appointments of special advisers as between departments and as between Ministers in the different parties of the coalition?

[Lord Strathclyde]

Yes, my Lords, and naturally that is subject to the coalition agreement. However, clear rules are set out in the Ministerial Code on the number of special advisers and who is entitled to them. That, of course, speaks for itself.

[Lord Campbell-Savours]

My Lords, perhaps we could have this issue clarified at the beginning of the term of this Government. If a special adviser to a coalition Cabinet Member breached the code, who would be responsible for disciplining that adviser? Would it be the Prime Minister?

[Lord Strathclyde]

My Lords, discipline is up to the Minister who appoints the special adviser. The Prime Minister agrees the appointment, but it is the Minister who appoints the adviser who is responsible for discipline.

[Lord Glenarthur]

My Lords, is my noble friend able to give the figure for the number of special advisers in early 1997 compared with those who were in position before the general election this year?

[Lord Strathclyde]

My Lords, in 1997 there were 38 special advisers, while in March this year there were 78. When we make our announcement, I think that the House will find that there are fewer than that under this Government.

[Lord Harris of Haringey]

My Lords, can the Leader of the House tell us whether any of the special advisers being appointed will be on salaries higher than that of the Prime Minister? As a comparator, perhaps he could also tell us how many of the special advisers who have been appointed will be earning salaries higher than that of a Lords Minister. What does that tell us about their relative importance in government?

--- Later in debate ---

[Lord Strathclyde]

My Lords, the figures will be made public when we publish the announcement shortly.

[Lord Ryder of Wensum]

My Lords, can my noble friend explain the main purpose of a special adviser to the Government?

[Lord Strathclyde]

My Lords, these advisers are the personal appointments of Cabinet Ministers. Their job is to help Cabinet Ministers to do their job even more effectively than they would otherwise have done if they had not had such an appointment.

[Lord Grocott]

My Lords, I am not sure that the Leader of the House answered the question put by my noble friend Lord Campbell-Savours precisely. The question is really this: if any Minister, in relation to his or her activities in connection with a special adviser is seen to be in breach of the Ministerial Code, would it be the Prime Minister or the Deputy Prime Minister who would have to exercise disciplinary action against them?

[Lord Strathclyde]

My Lords, in the first instance it is up to the Minister who appointed the special adviser, but if there was a most serious breach of the code, I am sure that it would be for the Prime Minister to take a view.

[Lord Clark of Windermere]

My Lords, bearing in mind that it is readily accepted that no one should benefit from public service, will the Minister give an assurance that the incoming special advisers will receive less income as special advisers than they were receiving immediately prior to taking up office?

[Lord Strathclyde]

My Lords, as I said in answer to an earlier question, these figures will be made public when we make the announcement. I said also that we will draw to a close the regime whereby special advisers told civil servants what to do, and we will end that hideous rogues’ gallery where special advisers became even better known than their Ministers—for example, Alastair Campbell, Damian McBride, Charlie Whelan, Derek Draper. Their reign is now firmly over.

[Lord Brooke of Sutton Mandeville]

My Lords, I had the responsibility, under my noble friend Lord Lawson of Blaby, of constructing the original structure for special advisers’ salaries. Can my noble friend indicate whether the same logical rationale to the structure will be published on this occasion?

[Lord Strathclyde]

My Lords, the depths of knowledge of my noble friend never cease to amaze me. I am amazed because I did not know it beforehand and so I am unable to give him a positive answer. However, when he sees what we publish, I think he will be very impressed.

[Baroness Royall of Blaisdon]

My Lords, the noble Lord cited the names of various special advisers, but I remind the House that this Prime Minister is the first Prime Minister to have been a special adviser and I am sure that he would agree that, on the whole, they do an excellent job. Does the Leader of the House agree that most Prime Ministers are elected with a firm commitment to reduce the number of special advisers but that, over time, the rhetoric seldom matches the reality? We will be watching the numbers. I am not a betting woman in many cases, but I would bet that those numbers will go in one direction—upwards.

[Lord Strathclyde]

My Lords, the Leader of the Opposition is right—the Prime Minister has made a firm commitment about the number of special advisers appointed. It will be up to us all to make sure that his resolve is maintained.

Barnett Formula

Lord Strathclyde Excerpts

Monday 7th June 2010 Lords Chamber

[Lord Elystan-Morgan]

My Lords—

[Lord Strathclyde]

My Lords, there is plenty of time for both noble Lords to speak. Let us hear from the noble Lord from the Cross Benches.

[Lord Elystan-Morgan]

My Lords, is it not the case that the whole economic and financial landscape has changed so fundamentally over the past 30 years that a rough and ready yardstick of calculation, as it was then, now becomes something utterly inequitable; and that if there is no radical change, parts of the United Kingdom, such as the land and nation of Wales, will suffer the perpetuation of this inequity? Is it therefore a matter not of waiting for events to happen but of radically tackling a massive injustice?

--- Later in debate ---

[Lord Peston]

My Lords—

[Lord Strathclyde]

My Lords, this always works very well when we take it in turns. Could the noble Lord, Lord Peston, sit down?

[Lord Peston]

My Lords—

[Noble Lords]

Order!

[Lord Strathclyde]

My Lords, we cannot both stand up at the same time. I think that I have the Floor. The noble Lord, Lord Oakeshott, should be given an opportunity to speak.

Government Spending

Lord Strathclyde Excerpts

Wednesday 26th May 2010 Lords Chamber

[Lord Lea of Crondall]

My Lords—

[Lord Strathclyde]

My Lords, there are 20 minutes for Back-Benchers to speak, so we have plenty of time. I invite the noble Lord to speak first, and then we will hear from one of my noble colleagues.

[Lord Lea of Crondall]

My Lords, I thank the noble Lord. I think that is the protocol. I have two further questions for the Minister. First, is he aware that, as an annualised rate, the deficit—all this is premised on the huge increase in the deficit—was 2.5 per cent 18 months ago and is now 11.1 per cent? That has created a hole in the economic output against trend of about £50 million. Does he not find it totally incredible to say that that is the fault of public sector workers? Is it more likely to be the fault of the top 0.1 per cent of the population whose average wage is over £2 million? The benefit is going to those people, but the cost is because public expenditure has got to go up to pay for unemployment benefit and tax revenues will go down because of lower income tax and lower corporation tax.

Queen’s Speech

Lord Strathclyde Excerpts

Tuesday 25th May 2010 Lords Chamber

[Lord Strathclyde]

My Lords, it is a real pleasure to support the Motion of the noble Baroness, Lady Royall. Your Lordships, I hope, will understand if I begin by saying that the noble Baroness is someone for whom I, like so many others in the House, have the utmost affection and respect. She was, and I know will continue to be, a tough political opponent. That is good, for every Government is much the better for robust scrutiny in your Lordships’ House. But she was, and is, far more than a gifted leader of her party. She was an outstanding Leader of this House; it is a great challenge, as well as a privilege, to have been asked to follow her.

I pay tribute particularly to the grace and patience and the unfailing charm and courtesy with which she discharged her duties as Leader under the most difficult circumstances. The whole House owes her a special debt of gratitude for her clarity and resilience in representing and defending its views and interests, and for the dexterity with which she steered us through testing and often-painful times for this House.

The way in which this House operates, by consent and agreement, is the way in which I hope it will always work. That system inevitably brings a Leader of the House and a Leader of the Opposition into the closest daily contact; a spirit of candour and trust is essential. I was not alone in this House in trusting the noble Baroness instinctively. She was always straight, always fair and always as good as her word. As the Leader of the House now, I can only hope to try to be the same, and I thank her most sincerely for all that she did.

I echo my noble friends in conveying our very best wishes to Black Rod, who has provided such splendid service to this House since taking up his post, and in recording our thanks to the Yeoman Usher for the professionalism with which he has stepped into the breach.

It is my happiest duty to join the noble Baroness in congratulating my noble friends Lord Ferrers and Lady Falkner of Margravine on their superb speeches. They are the living embodiment of the coalition which now graces these government Benches. Having heard my noble friend Lord Ferrers, I really cannot imagine why it took my predecessors so long to invite him to propose the humble Address. The noble Earl was a Member of Your Lordships’ House well before my noble friend Lady Falkner of Margravine and I were born. He was in Government when I was a rather chubby little toddler—has anything changed?

Even now, when I hear him speak as ever with such wit and ease, it is hard not to feel still a little wet behind the ears. My noble friend carries four score years with striking grace. He is everyone’s image of what a noble Earl should be like, only better. They say that his views do not please everyone; I doubt that my noble friend worries too much about that. He has never been a dull conformist, but his speeches are always worth listening to very carefully. They sparkle with originality, good humour, independence of mind and—I hope he will not mind my saying so, for he tries hard to hide it—deep wisdom. My goodness, if all of us served Parliament and country for more than half a century with the same dedication, dignity and decency as my noble friend, what a House this would be.

My new noble friend Lady Falkner has been a Member of your Lordships’ House for only six years, but, having heard her again today, your Lordships will understand how she has carved out a highly respected role speaking, until recently, from the Liberal Democrat Benches on matters of justice. Indeed, it is said that even the noble Lord, Lord Lester of Herne Hill, sits in silence when she speaks. I am sure that, on that count alone, the whole House is in awe of her ability.

I am told that, among the noble Baroness’s many charitable activities, she has toured British universities on behalf of the Coexistence Trust. Its mission is to promote mutual understanding between Jewish and Muslim communities worldwide. I wonder whether she had considered conducting a parallel exercise for the benefit of the party groups now co-existing on the government Benches. In that, I wish her the very best of luck. Today, my noble friend Lady Falkner has made a profound and thoughtful speech, and I very much hope that we shall hear more of her in the months ahead.

As this Parliament assembles, we have a very different Government in place. My noble friend Lord Ferrers said that it was unthinkable but, as in the 1890s, in 1916-22 and in the 1930s and 1940s, Liberals and Conservatives sit together in government. Who, as the cliché goes, would have predicted that?

When I spoke last year on this great occasion, I ventured to suggest that I might deliver my speech from a different place this year, and there was a good deal of friendly scoffing from the Liberal Democrat Benches over there. This year, I am relying on my noble friend Lord Shutt of Greetland’s so that today there will be a fair bit of friendly cheering from the Liberal Democrats sitting over here—I hope. When we moved across the House, they simply could not bear to see us go. I am delighted, of course, that we have been able to arrange a reunion here on the government Benches in a new political partnership to provide the stable and lasting Government that this country needs.

Now, a note of regret. I am sorry that coalition government means that your Lordships have been deprived of my noble friend Lord McNally’s customary speech on this occasion. But good news: come Thursday, he will address the House in his new role as Deputy Leader of the House and a Minister of the Crown. I welcome him and many other colleagues, new and old, here for a new Parliament on the government Benches today.

The national crisis that we face may not be as grave as some of those that our two parties confronted together in the past, but it is grave indeed. We face almost unparalleled challenges in the modern era, at home and abroad. Our nation is at war. Our national treasure at home is utterly exhausted. Our social fabric is torn. Our politics has never sunk so low in public esteem. Many, particularly older people, have come to feel that the good times were in the distant past. Cynicism, mistrust and bureaucracy have seemed our nation’s only growth industries. As more and more families have struggled to preserve the lives and the standards that they wish for, the state has grown bigger and bigger and ever more dominant, intrusive and desperately wasteful. If ever there was a time for new approaches, rooted in old values, it is now. That is what this coalition will offer.

I will not insult noble Lords by belittling the scale of the problems that we face or the compromises and sacrifices that will be needed to dig this country out of debt and despond, but it must and can and will be done. Our parties have joined with the utmost conviction to deliver the common programme that this country needs. This fresh undertaking of coalition will not fail from any fault of ours. Of course, our parties have differing perspectives, but our joint resolve is stronger for having discussed those differences frankly and come together with the common purpose set out in the gracious Speech: restoring freedom, fairness and responsibility.

My party and the Liberal Democrats have taken many notable stands together in this House over the past 13 years. We protected the right to trial by jury, limited the most draconian emergency powers to terrorist crimes, prevented the imposition of compulsory ID cards and stopped 90-day detention without trial—not a bad record for this House. So I am delighted that the new coalition will be reversing the erosion of the individual freedoms and liberties that this House has worked so hard to defend. We will abolish the ID card scheme, the National Identity Register and the ContactPoint database. We will protect trial by jury, introduce safeguards against misuse of antiterrorism legislation and restore rights to non-violent protest.

I can give the noble Baroness the Leader of the Opposition the answer to her question on Bills starting in the Lords. A number of Bills will begin their passage in this House, which will include, imminently, the local government Bill and the important academies Bill, which builds on the work of the noble Lord, Lord Adonis, to which I am sure the party opposite will give a fair wind.

The business of this House has never been to stop legislation but to improve it, and I look forward to working together on the work of scrutiny and revision. Of course, the Salisbury Convention will apply. There is no difficulty there. [Laughter.] We shall recognise where it applies, and when we see it we shall use our common sense to make it so.

I am acutely conscious of the great honour bestowed upon me in being appointed Leader of your Lordships’ House. I can think of no higher privilege and will never forget my duty to the House as a whole. But I take office at a time of challenge and change, change that your Lordships cannot ignore. A new code of conduct comes into effect today. I can also announce that a new Commissioner for Standards, Mr Paul Kernaghan, former chief constable of Hampshire, will take up post shortly.

We must also deal swiftly with the issue of expenses. We have an opportunity to get this right. I want a system that will be transparent, easily understood and which provides no opportunity or temptation for evasion. We owe it to the reputation of the House to put that in place and, in consultation with your Lordships I will enable that to be done, once my noble friend Lord Wakeham and his committee have reported.

The powers and duties of the House will not change, but its shape cannot be fixed forever. We recognised that in 1958, 1968 and, indeed, in 1999. I know that, though there are some who bring forward Bills year after year to change this House, many of you will have heard with some disappointment words in the gracious Speech about reform. But if there is a demand for change, it must be addressed in a comprehensive way. Let me assure the House that proposals will be put before your Lordships at a formative stage and there will be plenty of opportunities ahead for the House to discuss this before we move forward.

I also believe that we should look afresh at our working practices. I do not think we should lose sight of the remarkable privileges that Peers already enjoy, such as the right, not given to Back-Bench Members in another place, to table amendments at three stages of a Bill, and to have each one heard and replied to. We should always keep our working practices up to date, and I shall discuss how best to do that with the Leader of the Opposition and the Convenor in the near future. Whatever we do, our aim should be to build on the strengths of this House. This Government will respect it as a central part of the legislative process. For my own part as your Leader, I will always endeavour to ensure that your Lordships’ voice is listened to, as well as recorded.

We have a long and busy Session ahead. Our country’s needs are great and its expectations of us high. I know that this great House will not fail to rise to the changing and evolving challenges before us. I support the Motion.

Debate adjourned until tomorrow.

Chairman of Committees

Lord Strathclyde Excerpts

Tuesday 25th May 2010 Lords Chamber

Moved by

[Lord Strathclyde]

That the noble Lord, Lord Brabazon of Tara, be appointed to take the Chair in all Committees of the House for this Session.

Motion agreed nemine dissentiente.

Principal Deputy Chairman of Committees

Lord Strathclyde Excerpts

Tuesday 25th May 2010 Lords Chamber

Moved by

[Lord Strathclyde]

That the noble Lord, Lord Roper, be appointed Principal Deputy Chairman of Committees for this Session.

Motion agreed nemine dissentiente.

Speaker of the House of Commons

Lord Strathclyde Excerpts

Wednesday 19th May 2010 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I beg to acquaint the House that a Commission has been issued under Her Majesty's Great Seal to several Lords therein named authorising the said Lords to declare in the name and on behalf of Her Majesty Her Majesty's Approbation of the choice of the Commons of Mr John Bercow to be their Speaker.

Then, the Lords Commissioners (the Chancellor of the Duchy of Lancaster (Lord Strathclyde), the Lord Speaker (Baroness Hayman), Lord McNally, Baroness Royall of Blaisdon and Baroness D’Souza) being robed and seated in front of the Throne, the Chancellor of the Duchy of Lancaster directed Black Rod as follows:

[Lord Strathclyde]

Let the Commons know that the Lords Commissioners desire their immediate attendance in this House.

Then, the Commons being at the Bar, Mr Speaker-Elect (Mr John Bercow), addressing the Royal Commissioners, said:

[Mr Speaker-Elect (Mr John Bercow)]

My Lords, I have to acquaint your Lordships that, in obedience to the Royal Command, Her Majesty's faithful Commons have, in the exercise of their undoubted rights and privileges, proceeded to the election of a Speaker, and that their choice has fallen upon myself. I therefore present myself to your Lordships' Bar and submit myself with all humility to Her Majesty's gracious Approbation.

--- Later in debate ---

[Lord Strathclyde]

Mr John Bercow, we are commanded to assure you that Her Majesty is so fully sensible of your zeal in the public service, and of your ample sufficiency to execute the arduous duties which her faithful Commons have selected you to discharge, that Her Majesty does most readily approve and confirm you as their Speaker.

[Mr Speaker]

My Lords, I submit myself with all humility and gratitude to Her Majesty's gracious Commands. It is now my duty, in the name of and on behalf of the Commons of the United Kingdom, to lay claim, by humble petition to Her Majesty, to all their ancient and undoubted rights and privileges, especially to freedom of speech in debate, to freedom from arrest, and to free access to Her Majesty whenever occasion shall arise, and that the most favourable construction shall be put upon all their proceedings. With regard to myself, I pray that, if in the discharge of my duties I shall inadvertently fall into any error, it may be imputed to myself alone, and not to Her Majesty's most faithful Commons.

[Lord Strathclyde]

Mr Speaker, we have it further in Command to inform you that Her Majesty does most readily confirm all the rights and privileges which have ever been granted to or conferred upon the Commons by Her Majesty or any of her Royal predecessors. With respect to yourself, Sir, though Her Majesty is sensible that you stand in no need of such assurance, Her Majesty will ever place the most favourable construction upon your words and actions.

Mr Speaker and the Commons then retired.

Royal Commission

Lord Strathclyde Excerpts

Tuesday 18th May 2010 Lords Chamber

When the Commons arrived at the Bar,

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords and Members of the House of Commons, we are commanded by Her Majesty to let you know that, it not being convenient for her to be present here this day in her Royal Person, she has thought fit, by Letters Patent under the Great Seal, to empower several Lords therein named to do all things in Her Majesty's name which are to be done on Her Majesty's part in this Parliament, as by the Letters Patent, will more fully appear.

When the Commission had been read at the Table,