EU Council

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 17th December 2012 Lords Chamber

[Lord Strathclyde]

My Lords, I do not share the view that the noble Lord has propounded that my right honourable friend the Prime Minister’s Statement was negative on this matter. There are many people in this country who will regard the British Prime Minister saying that we will not join a European army as an extremely good and positive thing. I would have liked to have seen the noble Lord agree with that.

However, on the common security and defence policy, of course we are fully behind proposals to increase our international security. As I said to the noble Lord, Lord Stoddart of Swindon, a few moments ago, our policy is based very much on international co-operation. NATO is the cornerstone of our defence process, but we also have bilateral relationships with individual countries that are to the benefit of us all.

I cannot believe that the noble Lord, with all his experience, knowledge and background in development, particularly development in Africa, would think that this Government would ever shirk from talking about their development record, most notably the record amounts of money that we now spend, and focus extremely effectively, in the parts of the world with greatest need. That is something that the Government are very proud of. I am sure that future Councils will refer to development whenever they get around to discussing it.

[Lord Howarth of Newport]

My Lords, has it not been a cardinal principle of British foreign policy for hundreds of years to maintain our influence with powers on the Continent of Europe the policies of which are crucial to our interests? The Statement spoke somewhat vaguely about safeguards; the noble Lord has declined to be drawn on details. Will he explain to the House how, as European Council follows European Council, and as those countries that manage to survive as members of the eurozone continue to deepen their fiscal and political integration, the Government’s engagement with those core European powers, which will be concerting their polices to powerful effect, can be increasingly other than tangential?

[Lord Strathclyde]

My Lords, perhaps there is a philosophical gap between the noble Lord and the Government on this issue. We completely support the idea of a banking union within the eurozone; it is key to the eurozone succeeding in the longer term, and we have long supported it. At the same time, we wanted to have safeguards within the single market—which I know that the noble Lord supports—to ensure that there was non-discrimination. In the communiqué, we have an absolute commitment to non-discrimination within the single market for countries that are outside the eurozone.

I am bound to say, despite the rhetoric that sometimes comes from opponents of this Government’s policy on Europe, that this European Council—the last of seven of this year—has been a resounding success. I very much hope that it will set a good pattern for the course of the next few months.

House of Lords Reform Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Wednesday 27th June 2012 Lords Chamber

[Lord Strathclyde]

I do not think that there is any difference. We decided there should be a transition arrangement over three parliamentary terms. That will give the existing House, including any new Peers appointed since 2010, the opportunity to remain here until 2025 if they survive that long and if they survive the process of transition.

[Lord Howarth of Newport]

My Lords, will the Leader of the House reconsider the reply that he gave just now to the noble Lord, Lord Forsyth? Will he accept that there are few, if any, who dispute the principle that those who make the laws of the land should be elected by those to whom the laws apply? But in the interests of ensuring that the Deputy Prime Minister does not mislead the House of Commons or the country, will he undertake to find an opportunity to explain to the Deputy Prime Minister that Members of the present House of Lords do not make the laws of the land but confine themselves to advising those who do—the elected Members of the House of Commons? Therefore, the whole project of this Bill is based on a fallacy, and a dangerous fallacy at that, because it would confuse and diminish the present clear-cut accountability of the Government to the people through their elected representatives in the House of Commons.

[Lord Strathclyde]

My Lords, all I can say is, you could have fooled me. I have seen the noble Lord robustly defend or indeed attack a piece of legislation in this House. But I meet with the Deputy Prime Minister very regularly and I shall draw the noble Lord’s remarks to his attention.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 23rd April 2012 Lords Chamber

[Lord Howarth of Newport]

My Lords, on the issue of parliamentary procedure, is the noble Lord really happy that the first four amendments from this place that the Commons considered had only 26 minutes allocated to them? The House of Commons was allowed fewer than five hours to debate the 11 issues on which this House defeated the Government and offered its very earnestly considered advice.

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

The Motion before the House is that we should deal with amendments that have come back from the House of Commons. If noble Lords wish to have a debate about process and procedure in the House of Commons, they can table questions and debate the issues. This is not the time for that; this is a time to deal with the amendments that we have before us.

Health and Social Care Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Wednesday 1st February 2012 Lords Chamber

[Lord Hughes of Woodside]

My Lords, I have listened to the noble Lords, Lord Martin of Springburn and the Leader of the House. They both claim, each in their different way, that this is a wholly independent procedure. Are we really to believe that one morning the Speaker gets up and says, “Eureka, I’m going to decide whether this is financial privilege or not”? Who initiates the process? It is hard to believe there was not a nudge and a wink from the Government to try to save their own blushes.

[Lord Howarth of Newport]

My Lords, is not the reality that when the Government have run out of arguments and patience they ask the Speaker if he will invoke financial privilege? They cross their fingers and hope that he will do so. Do this Government actually want the House of Lords to operate as a revising Chamber or not?

[Lord Strathclyde]

I do find it faintly comical that former Members of the House of the Commons, who would have died in a ditch to preserve and protect financial privilege, decide to take a completely different view as soon as they are translated into Members of this House. I said earlier that surely the time for us to have this debate is when we are faced with the facts of the Bill, with the amendments from the House of Commons. We will have the benefit of seeing the debate that is taking place in the House of Commons as we speak. Would that not be a better way of proceeding? I very much hope that we will be able to pass this Motion from my noble friend Lord Howe, unless he wishes to add anything to the questions that were put to him.

House of Lords: Reform

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 24th January 2012 Lords Chamber

[Lord Hughes of Woodside]

My Lords—

[Lord Howarth of Newport]

Should not addiction to constitutional reform be treated with the same bracing cure as addiction to welfare benefits? Will the Government set a cap on the amount that ordinary, decent, hard-working British citizens are to be required to pay to support the constitutional reform dependency of the Liberal Democrats?

[Lord Strathclyde]

My Lords, the noble Lord speaks as though his own party did not stand on a manifesto of reform of your Lordships’ House, which it did.

Scotland: Referendum

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 31st October 2011 Lords Chamber

[Lord Strathclyde]

The noble Lord brings a lot of experience to this whole subject. I am glad to say that my right honourable friend the Secretary of State for Scotland himself has laid six—there could be many more—questions to the First Minister for Scotland on the whole issue of what independence means, so that we can have the clarity that I alluded to in the first Answer.

[Lord Howarth of Newport]

If a referendum on Scottish independence produced a yes vote, would it not then follow that the size of the House of Commons would be reduced and that the House of Commons would be weakened? What bearing does the noble Lord the Leader of the House think that that would have upon the relationship between these two Houses of Parliament, especially if there were to be an elected second Chamber?

[Lord Strathclyde]

My Lords, I admire the way the noble Lord gets the question of an elected second Chamber into virtually every question he poses, but even for me that is far too hypothetical for me to join him.

House of Lords: Reform

Debate between Lord Strathclyde and Lord Howarth of Newport

Thursday 9th June 2011 Lords Chamber

[Lord Strathclyde]

Not entirely, my Lords, which is why I said in my initial reply that we were looking forward to some of the incremental changes, many of which were born out of the Bill that my noble friend originally proposed several years ago, such as permanent voluntary retirement and improving leave of absence. The draft Bill that the Government published on 17 May includes a whole range of proposals that, given a fair wind, could get Royal Assent by the end of the next Session.

[Lord Howarth of Newport]

My Lords, since the proposals set out in the Bill tabled by the noble Lord, Lord Steel of Aikwood, are indeed contained within the draft Bill that the Government have produced, how can the noble Lord the Leader of the House not embrace them enthusiastically here and now? Would it not be sensible to make progress in reform as rapidly as possible in those areas where there is broad agreement?

[Lord Strathclyde]

It is all a question of time. I dare say that if we rushed through the welfare Bill, the Localism Bill and the health Bill, and found ourselves with a few extra days at the end of the Session, we might be able to look at this more constructively. However, given the pace at which we have approached government legislation this Session, I do not think that we will have that extra time.

House of Lords Reform Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 17th May 2011 Lords Chamber

[Lord Strathclyde]

My Lords, I readily agree with my noble friend, most particularly that these are serious matters on which a great deal of debate has been expended over the years and that there is a good deal of consensus on the way forward. I also agree with him about the Joint Committee; it is important that it should work and consider these matters, bringing together all the knowledge and experience that senior parliamentarians would have and with an aim of trying to improve on the draft Bill and some of the options outlined in the White Paper.

[Lord Howarth of Newport]

My Lords—

--- Later in debate ---

[Lord Howarth of Newport]

My Lords, how would an elected second Chamber improve the performance of Parliament? Why would an elected, or a predominantly elected, second Chamber be better than this House—at debate, scrutiny and revision, and holding the Executive to account?

[Lord Strathclyde]

My Lords, that is a central question in this debate. The leadership of the noble Lord’s party and mine and the Liberal Democrats are so keen on an elected House because they believe philosophically and rationally that at this stage, 100 years after it was first mooted, it is time to move on to a House selected on a political basis. Why? Because political authority, which we wield in this House, should only be wielded with a clear mandate of the people. Whether it would make things better is a good philosophical question which is very hard to answer. I dare say some things might be better; some things might be worse. But overall, when a second Chamber took a decision with the backing of the electorate it would be more authoritative and would have greater impact on another place and on the Government of the day.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Wednesday 16th February 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords—

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

My Lords, this is the Lords consideration of Commons amendments. There will be time for noble Lords to make their points in the debate. The noble and learned Lord, Lord Wallace, should be allowed to finish his speech.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Wednesday 9th February 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, I, too, support the amendment in the name of the noble Lord, Lord Low of Dalston. It is the mark of a civilised society that disabled people are able to participate in all its activities. It is certainly the mark of a mature and properly functioning democracy that disabled people are in no way obstructed from participating in elections.

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

I thank the noble Lord, Lord Low, for the way in which he introduced his amendment and referred to the discussions we had in Committee. Like him, I thought that they were constructive and useful. I also appreciate the words of the most reverend Primate the Archbishop of York.

The Government very much understand the concerns raised by the noble Lord, Lord Low. Naturally, this debate has thrown up interesting suggestions which the Government think merit further consideration. Although the amendments tabled by the noble Lord raise some valid and useful points about which we have thought very carefully, the Government resist these commendable amendments.

First and foremost, we remain unconvinced that the amendments in their current form will make any difference to the provisions already in the Bill or, indeed, to voters at the poll. The provisions already enable the chief counting officer to issue directions or guidance in relation to voters with disabilities or in relation to the policies and procedures for the handling of complaints. Therefore, these amendments add very little in terms of substance.

I know that the commission treats disability issues very seriously and is mindful of the importance of ensuring that counting officers are aware of the needs of voters with disabilities. Noble Lords will also be aware of the legal obligations that public bodies are already under to meet the needs of people with disabilities.

However, although the Government resist these amendments, we are entirely conscious that these are important issues, which may well warrant, after proper consideration and consultation, some application—in perhaps a modified form—and for that to be brought to bear on future polls. I know that the noble Lord will regret what I have to say but this is neither the appropriate time nor vehicle for these amendments. To consider carefully and consult on the implications of the kind of changes envisaged by these amendments will require more time than we have at present. However, they are a useful pointer to the issues that need to be addressed.

On that basis, I hope the noble Lord will understand and assist the Government by continuing the dialogue he has already had and withdrawing his amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 8th February 2011 Lords Chamber

[Lord Howarth of Newport]

My Lords, we all endorse the ambition to achieve equality between constituencies, although on this side of the House we consider that there are other factors that have been too much discounted by the Government in their proposals. However, there is the very serious question of whether the flawed data that the electoral registers provide undermine this project of seeking equalisation between constituencies. Research by Dr Roger Mortimore, investigating the 2009 electoral registers across eight study areas, found variations in the completeness of the electoral register in a range of 73 per cent to 94 cent. In some constituencies the register was thought to be that incomplete; only 73 per cent of those who should have been on the register were. His study of the accuracy of the register in those same areas found a variation of between 77 per cent and 91 per cent. In the worst instances, which could be some 50 to 100 constituencies in which the condition of the electoral register is seriously inadequate, it must cast doubt on whether the Government are realistic in seeking to achieve equality.

While we would in no way wish to discourage them from seeking to achieve equality between constituencies, we very much hope that they will conduct an energetic drive throughout the country to ensure that electoral registers are both complete and accurate. They can do this outside the terms of the legislation, so even if they do not accept these amendments they will still be free to do this if they wish. It will not be enough if they respond by saying that moving to individual registration should make a substantial contribution to solving the problem, because individual registration will improve accuracy but will certainly not improve completeness. A substantial problem will remain.

I certainly think, as we suggested in Committee, that a serious effort should be made to absorb the findings of the census, which is to be carried out next month. It would be possible for those concerned with drawing up electoral registers to begin to take account of interim findings from the census, and they should do that, just as the Government intend to use other databases to help to improve the completeness and accuracy of the register.

As it is, we are conducting this immense and controversial process of redrawing constituency boundaries on a principle that cannot in practice be carried through, given the serious inadequacy of registration. I hope we will hear from the noble Lord, Lord Strathclyde, that the Government have practical proposals as to how they will improve the condition of the registers to fulfil the objectives that we share on all sides of the House.

[Lord Strathclyde]

I recognise the importance of the subject raised in this group of amendments and I will speak to them all. I am grateful to noble Lords for raising their queries in the way that they have done.

Amendment 16J prohibits the first boundary review from taking place until all local authorities in the country have been certified as having taken all reasonable steps to ensure that the electoral register is as complete and as accurate as possible. The amendment also leaves it to the Boundary Commission to decide when the first review should be completed. The Government’s position has not changed on this issue since we debated it in Committee, because if we delay the implementation of new boundaries whereby they do not take effect before the general election in 2015, we end up with the absurd situation of electors in England coming on to the register in 2018 who were not born when the electoral data that are used to determine the pattern of representation across the UK was compiled. This should not be allowed.

As the Government made clear, action is being taken to accelerate progress towards individual registration. We are introducing measures such as data-matching schemes to help local authorities gain as complete a picture as possible of the eligible voters in their area. However, we cannot allow boundary reviews to be delayed, potentially indefinitely, which the amendment may do. It states that a boundary review could not take place until all—I stress, all—local authorities in the country had been certified as having completed all reasonable steps to ensure that the register was as complete and accurate as possible. This does not seem to be either reasonable or proportionate, given that the electoral register has been used as the basis for boundary reviews for decades. It is important that steps are taken to support registration, but we do not see this as an either/or situation; we should not tolerate out-of-date boundaries while the registration work is ongoing.

The noble Lord, Lord Campbell-Savours, asked a perfectly fair question as to why the register from January or February 2011 could not be used. The answer is that 1 December is the date by which the electoral register is published, following the annual census. The research that has been undertaken independently by the Electoral Commission shows that the register becomes less accurate throughout the year from that point. Therefore, by using the register that was due to be published on 1 December, we are addressing the concerns expressed about the accuracy of the register.

[Lord Strathclyde]

My Lords, I am very happy to do so; more than that, I will try to get a letter sent to the noble Lord overnight for him to study before we reach his further amendment.

Amendment 26, in the names of the noble Lords, Lord Campbell-Savours and Lord Foulkes, also seeks to require the Boundary Commission to estimate the number of people entitled to vote, based on data from the 2011 census and any other data available, and to use this as the basis for the electoral quota, or simply to estimate the number of the eligible electorate. There are practical difficulties in estimating the number of people who are eligible to register but have not chosen to do so. Again, the Electoral Commission has called estimating the completeness and accuracy of the electoral registers an imprecise science, and acknowledges that all current approaches to estimating the data are imperfect. That is not a solid basis on which to draw up constituency boundaries. Even if it were possible to make estimates of the total electorate who are unregistered to vote, this amendment proposes the use of data from the 2011 census. The census is being carried out, as the noble Lord, Lord Howarth, pointed out, on 27 March. Data will not be available until at least the end of the year. Data at local authority ward level, which would be necessary to make estimates that would be of any use in a boundary review, will not be available until well into the following year. It will be well into 2012 before the data set for the review can even begin to be compiled.

The Boundary Commission for England will not be able to conduct a review that allows for proper consultation and allows enough time for parties, candidates and administrators to prepare for an election on new boundaries in 2015 if they have barely begun the task at the start of 2013. Furthermore, any such estimates will doubtless be the subject of considerable critique and challenge by those with a vested interest, which might risk further delay and undermine confidence in the commissions. It is far better to base the review on the electoral register, because whatever the debate about the number of electors who should be on the registers, the number who actually are on them is a simple matter of fact.

If it is not possible to wait for the census and have new boundaries in place for 2015, then it seems to me—

[Lord Howarth of Newport]

Will the noble Lord explain why it will take such an extremely long time to get findings from the census? The Government’s computers must be grinding very slowly.

[Lord Strathclyde]

My Lords, it is a nice idea that I would able to explain that now. My understanding is that it takes that long to get the figures out. If there were a way of speeding up the process, we would have done so, because we want the most up-to-date figures available for the review to use.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 7th February 2011 Lords Chamber

[Lord Strathclyde]

I am grateful to both noble Lords who have spoken, and I wholly understand why the noble Baroness could not be here to move her amendment. It will be no surprise to the noble Lord, Lord Howarth, that the Government have no current plans to lower the voting age. I recognise that there are different views on the question of whether the voting age in this country should be lowered to 16, but if we are to have that debate, it needs to be had in relation to elections more generally, and the passage of the Bill does not provide the right platform. It was ingenious of the noble Lord to say that, because the referendum is of constitutional interest, the voting age should therefore be lowered on this one occasion, but I am afraid that it cut no ice with me.

We do not think that these amendments would be practically sensible in the context of this referendum. No doubt, when the dust has settled on the Bill, there will be opportunities seriously to debate longer-term issues on voting age. Although the noble Lord has had a good go on the Bill, we do not believe that this is the right place for such a provision. The same goes for the noble Lord, Lord Dubs. He very carefully avoided the trap of saying that if we were to be logical, we should not give Peers the right to vote on the referendum. If we had done that, of course, he would have been the first to say that we should; and I think it is fair enough that we should.

The noble Lord, Lord Dubs, may not have realised, and I do not think that it was his intention, but the way his amendment is drafted would in effect make it impossible to run the referendum properly. The amendment leaves the date for the referendum intact, but because of the way it is written at the moment, no one would be able to vote in the referendum. The amendment’s intention is that Peers cannot vote in the referendum until the restriction on their voting in parliamentary elections is removed, but, taken on its true legal meaning, the amendment would effectively mean that we would have to postpone the referendum entirely until such a time as Peers are no longer disqualified from voting in a Westminster parliamentary election.

These two amendments are grouped because we believe that it is right that we should not muddy the water on the Bill by dealing with these issues differently from the way that we have done. The House knows that the Deputy Prime Minister hopes to come forward soon with proposals on the future of this House and that he is chairing a committee which comprises Members from all three major political parties. I am sure that in the course of debate on that subject we will, over time, reach greater clarity on the subject of Peers voting—if they are still to be called Peers—in general elections and in other elections as they come up. I hope that, on that basis, noble Lords will feel able not to press their amendments.

[Lord Howarth of Newport]

The Leader of the House is a hard man to cut any ice with, as he has shown consistently throughout proceedings on the Bill. He has stated rather than made his case that eligibility to vote in the referendum should be determined by the same principles as eligibility to vote in a general election. However, faced with his adamantine opposition, I beg leave to withdraw the amendment.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 17th January 2011 Lords Chamber

[Lord Howarth of Newport]

I very much agree with my noble friend. What he says on this subject is bound to carry weight on all sides of the House. We have a scientifically illiterate democracy, but the position has improved somewhat in recent years in that we have seen more people elected to the other place with a scientific background. There has been some improvement in the capacity of the other place to debate issues of science and technology, but it must be self-evident to anyone reflecting on it that this is extremely important. If there is a deficiency in the number of Members of Parliament who are versed in science and technology and able to maintain an adequate debate in this extraordinarily important realm, that must be a worry.

The noble Lord, Lord Elton, has anticipated my point that if we reduce the size of the House of Commons it will be a lot more difficult for all those necessary functions to be carried out. My final point is that the House of Commons has also to furnish members of the Executive. That means that any comparison with legislatures in a presidential system or one in which the Executive are appointed from outside the ranks of the legislature is nonsensical.

I hasten to draw my remarks to a conclusion because I know that the House is keen to make progress. I could have said much more, but we will see how the debate develops as the evening wears on. It may be that I will have the opportunity to make some additional remarks, but for the time being I rest my case.

[Lord Strathclyde]

My Lords—

Peers

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 21st December 2010 Lords Chamber

[Lord Strathclyde]

That is exactly why I will await the final report of my noble friend: to see whether or not he raises any of those issues.

[Lord Howarth of Newport]

My Lords, could a working definition of a working Peer be a Member of your Lordships' House who spends a lot of hours in the Chamber very properly scrutinising ill thought-out, badly prepared and excessive legislation such as the Parliamentary Voting System and Constituencies Bill brought in by this Government?

[Lord Strathclyde]

My Lords, in many ways, that may well have been a definition of those Peers who worked bravely on behalf of the Opposition in the dark years between 1997 and 2010. However, I indicated in answer to an earlier question that I thought the term “working Peer” was now outdated.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 6th December 2010 Lords Chamber

[Lord Strathclyde]

I accept the noble Lord’s point; he has made it before. Perhaps if we were doing it differently, it would be done in a different way. For reasons of confidentiality and of making a statement, and rather than allowing the rumour mill to flow, it was right to make the decision we did.

[Lord Howarth of Newport]

Can I tempt the Leader of the House to apologise on behalf of the Government to Members of the Scottish Parliament and the Welsh Assembly, as I think there has been discourtesy towards them? He was good enough to say just now that possibly, if the Government were doing this again, they would do it differently. Will he go a step further and make a handsome apology? They have been treated with discourtesy and disrespect.

[Lord Strathclyde]

I do not believe in apologising when I am not fully aware of the facts.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 30th November 2010 Lords Chamber

[Lord Howarth of Newport]

My Lords, before the noble Lord, Lord Hunt, effectively accuses this side of the House of procedural malpractice, he might care to consider that the coalition is introducing radical proposals for constitutional reform without any authority to do so from the electors. He might also care to consider that the Bill comes to us from the other place with very important parts of it entirely unexamined, both in Committee and on Report. Against that background, perhaps he would accept that it is the duty of the Opposition to scrutinise this legislation exhaustively.

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

My Lords, we are in danger of having a rerun of Second Reading: let us not to do that. I thank the noble and learned Lord, Lord Falconer of Thoroton, for what he said. I completely agree with much, although not all, of it. He spotted that the Motion before us is defective and would not do what the noble Baroness intends. I am glad that he confirmed that, if there is a vote, he will not be able to support the Motion. I thank my noble friend Lord Hunt of Wirral, who spoke extremely well, and my noble friend Lord Tyler, who made some important points about the Bill, some of which I will return to.

Most Peers came here to attend the Committee on the Bill. Instead, we have had yet another procedural device. I am not questioning the motives of the noble Baroness. I am sure that she believes that it should be two Bills rather than one. However, to put that Motion now gives the impression that noble Lords opposite do not want to engage in the proper debate in Committee that I hope we will have in a moment.

Noble Lords opposite do huff and puff rather too much. Only a few months ago, earlier this year, we had the previous Government’s Constitutional Reform and Governance Bill. Noble Lords opposite will remember that legislation joyously. It included provisions on no fewer than 13 different subjects ranging from a referendum on the alternative vote to freedom of information, the removal of hereditary peers and the ratification of treaties. Not one Peer opposite—including the noble Baroness, Lady Hollis—jumped up with great outrage about how wrong it was to do that. It was not wrong then, and it is not wrong now.

Intelligence and Security Services: Treatment of Detainees

Debate between Lord Strathclyde and Lord Howarth of Newport

Tuesday 6th July 2010 Lords Chamber

[Lord Strathclyde]

My Lords, I thank the noble and learned Lord for what he has said. He says it from a most authoritative position, with all his experience in reviewing terrorism legislation in the past. I am insufficiently well versed in these matters to know whether or not the Law Commission presents an exact precedent but, if the noble and learned Lord says that it does, I am happy to accept it. I also agree with him—this is important for those who might make comparisons with the Saville inquiry—that the scope of this inquiry is very different from that laid out by Saville. As we said at the time, we do not wish to see any more open-ended inquiries of that style. Again, I agree with the noble and learned Lord: there is no reason why it should not be able to complete within the next 12 months.

[Lord Howarth of Newport]

My Lords—

--- Later in debate ---

[Lord Strathclyde]

Again, my Lords, it is encouraging to receive the noble and learned Lord’s welcome and support for the principles that underlie the Statement. It is important, when we are dealing with these matters of national security, that there is as wide an agreement across the parties as possible. The noble and learned Lord’s experience in this matter will give a lot of encouragement to others who are involved.

His first question was whether the inquiry will look at the reasons behind Guantanamo. I expect that it will be up to the inquiry to take a view about how important that is, and I cannot answer for the inquiry. I do not suppose that the topic will be excluded, but if it is, I shall write to the noble and learned Lord.

Secondly, on the timing of the inquiry, we would like it to start as soon as possible but it cannot begin until most of the legal proceedings have been dealt with, hence the reason for coming forward with mediation. It depends on the satisfactory resolution of the other legal proceedings. I also agree with what the noble and learned Lord said: the longer it is delayed, the more difficult it is to have this inquiry, so it is in everyone’s interest to reach the start date as soon as possible.

As for the noble and learned Lord’s third question, about the future and intercept evidence, I have my noble friend Lady Neville-Jones, our Security Minister, next to me here. The whole issue of intercept evidence still has to be resolved.

[Lord Howarth of Newport]

My Lords—

--- Later in debate ---

[Lord Strathclyde]

My Lords, the noble Lord is experienced and knows full well about the bravery and work of our security services. As far as extraordinary rendition is concerned, there is no barrier whatever to the inquiry looking into such issues and the matter of Diego Garcia if that should be pertinent to it.

[Lord Howarth of Newport]

My Lords—

--- Later in debate ---

[Lord Strathclyde]

The Green Paper is a Green Paper. It will be published next year. Because of that, we have not yet decided what will go into it.

[Lord Howarth of Newport]

My Lords, I was a member of the parliamentary Intelligence and Security Committee for four years. My whole disposition is to believe in the good principles and integrity of the agencies, and in their competence as they go about their crucial work which, as the Statement reminded us, often comes at a high price to them and their families. Is it not the case that because of the real danger of terrorist assaults on our people and of weapons of mass destruction getting into the hands of terrorists or irrational regimes, we live in a permanent state of emergency, and that the secret state is no less powerful now than it was in the Cold War? Will the Government ask the panel of inquiry, if it should find that there have been failures of standards, to propose reforms to the apparatus of deception and secrecy—necessary deception and secrecy—so as to make sure, as far as possible, that there would not in the future be covering up of embarrassments; concealment of crimes; circumvention of parliamentary oversight; and, at worst, manipulation of Ministers and disabling of the proper processes of policy-making?

Everybody must surely welcome without reservation the appointment of Sir Malcolm Rifkind to chair the ISC. Will the Government consider further empowering the ISC so that it can have access to persons and papers as it requires, without having to seek special permission from Ministers, case by case; and supplying it with a stronger secretariat to enable it to use those powers, so that if the parliamentary committee has the political will, it will be better able to do the job of exercising oversight and ensuring accountability to Parliament?

[Lord Strathclyde]

My Lords, it is because all those who have spoken today and the Government care so much about the integrity and reputation of the security services that we have made this Statement. It is not just about their reputation in the United Kingdom. What is so important is the international reputation of the security services. That is why we need to find out the truth of the allegations. When the inquiry comes to its conclusions, we will be able to see what action, if any, needs to be taken. None of us is in favour of anything being covered up, whether the defence is in the public interest or not. We wait for the inquiry to reach its conclusions.

As for the ISC, I am glad of the noble Lord’s welcome for the chairman, Sir Malcolm Rifkind. I think we all agree that he will do an extremely good and useful job. On the ISC generally, the Government are committed to maximising the role of the oversight mechanism, which is why the Prime Minister has appointed a strong and experienced chairman who has committed to serving for the full parliamentary term and to undertaking a serious work programme, including public hearings. What “maximising the role of existing oversight mechanisms” means at this stage is something that will be reviewed in due course.

G8 and G20 Summits

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 28th June 2010 Lords Chamber

[Lord Strathclyde]

My noble friend is right to draw attention to development aid, a matter which very much dominated the discussions of the G8. That delivered for the first time a comprehensive accountability report which assessed transparently the G8 progress against its development-related commitments. In the communiqué the G8 leaders reaffirmed their commitments on overseas development aid, on aid effectiveness and on HIV/AIDS. Furthermore, however cynical one is—and I am not suggesting for a moment that my noble friend is cynical when it comes to these matters—about a very serious attempt to give a new priority to these initiatives, the House will recognise that there was an agreement in the Muskoka initiative which means that funding for maternal, newborn and child health will be the new priority.

On the question of climate change, I can understand why my noble friend should feel aggrieved that this could be debated and discussed with one group but less successfully with another. However, there are those at the G20 who felt that it was not appropriate for it to be discussed at that level and that it should remain with the G8. However, there is the climate change conference in Cancun later this year. An enormous amount of work is taking place between now and then to give effect to a global agreement.

[Lord Howarth of Newport]

My Lords, on global imbalances, the Statement referred only to the modest, although welcome, adjustment that the Chinese authorities have allowed to the exchange rate of the renminbi, but surely the Government do not think that that will be enough to solve adequately the problem that is being generated by the continuing propensity of certain major economies, notably China and Germany, to invest and export very powerfully, and the propensity of other major economies, notably that of the United States of America and our own, to borrow and consume excessively. Is it not inevitable that if we continue with these imbalances, the trade surpluses of the exporting countries will be recycled to create excessive liquidity in the economies of countries such as our own that tend to consume too much, leading to another manic and unsustainable boom followed by a miserable bust? What were the Prime Minister’s suggestions at the G20 for averting this outcome, and what response did he receive?

[Lord Strathclyde]

I could not possibly comment on the noble Lord’s direct question at the end, but the whole issue of global imbalances concentrated the minds of the G8, and indeed of the G20. The new flexibility in the Chinese arrangements is an important step in the right direction. It is the kind of flexibility that we have been looking for for some time, it will make an appreciable difference—so we all hope—and it is recognition by the Chinese authorities of China’s importance to the world economy as a trading nation and as an increasingly important currency. The noble Lord might say that this is a very small step, but it is at least a small step in the right direction.

House of Lords: Post-legislative Scrutiny

Debate between Lord Strathclyde and Lord Howarth of Newport

Monday 14th June 2010 Lords Chamber

[Lord Strathclyde]

My Lords, that is the nub of a decision that was taken in March 2008 by the Leader of the House of Commons, committing the then Government to enable post-legislative scrutiny for all Acts of Parliament passed during and after the calendar year of 2005. Since then, six or seven of these memoranda have been published, although many are left in the pipeline. We wait to see what attitude the Select Committees in another place or, indeed, in your Lordships’ House will take to these memoranda.

[Lord Howarth of Newport]

My Lords, is it not particularly important that there should be post-legislative scrutiny in Parliament following this Session, for which the Government have promised—or threatened—a prodigious quantity of legislation, most of which, in the nature of the situation, will be pretty hastily cooked up in Whitehall and which Parliament will have only cursory opportunity to examine properly because of the scale of demands?

[Lord Strathclyde]

That is really rich coming from the noble Lord, Lord Howarth. He supported a Government who, over the past 13 years, gave rise to an outpouring of legislation quite unlike anything that we have ever seen in our history. Constitutional changes were dreamt up on the back of an envelope and introduced to Parliament with minimal thought and discussion and with no pre-announcement.