Integrity of Electoral Processes
Lord Tyler Excerpts(3 years, 2 months ago)
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Lord Tyler
To ask Her Majesty’s Government what plans they have to consult on measures to enhance the integrity of electoral processes.
Lord Tyler (LD) (Valedictory Speech)
My Lords, at the outset, I want to pay tribute from my own personal experience to Sir David Amess. He was a truly honourable Member, and I appreciate enormously his family’s call for more co-operation and working together. That is something I have tried to do throughout my 30 years in this Parliament.
It is perhaps sad but necessary to start by taking note of the deterioration in the public and political dialogue since David and I were first elected. During the whole of my service here, I have been privileged to work with colleagues from other parties and from none on a number of projects, not least in areas of direct relevance to the subject of this debate. It was a particular privilege to work with the late Robin Cook to reform the Commons—successfully—and try to reform this House, not quite so successfully. I have been able to co-operate closely with Conservative allies, too, in such notable reformers as Ken Clarke, Sir George Young, William Hague and Andrew Tyrie, as they then were. I have also had very constructive shadow relationships with Commons Agriculture Ministers such as John Gummer, Douglas Hogg and Nicholas Soames. At this stage in their careers, they will perhaps forgive me for blighting their preferment prospects with No. 10 by mentioning their names now.
What has changed, especially in the past two years, is that that constructive co-operation with Conservatives —now in the Johnson mould—has become impossible. That tradition of Conservative principle, combined with a pragmatic pursuit of shared values and objectives, has simply vanished. I am sorry to say that the once great Conservative and Unionist Party has become a narrow, dogmatic cult. I know that many great figures of the past and present on the Benches opposite know this to be true, though they cannot say it. Andrew Rawnsley admirably summed this up 10 days ago under the headline, “Like all cults, Borisology is detached from reality and destined to end badly”.
He wrote:
“The Conservative & Unionist party is no more. It has ceased to be. It has expired and gone to meet its maker. It’s kicked the bucket, shuffled off its mortal coil, run down the curtain and joined the choir invisible. This is an ex-party.”
The present leadership do not care about conserving the union. They do not feel obliged to conserve Britain’s reputation in the world—not even by maintaining the legal obligation for realistic international aid—so destroying the UK’s soft power role. They have no time for conserving business ethics, failing to apply due diligence to the award of huge contracts to their political friends and donors. They demean such core elements of our constitution as respect for the rule of law. They have even threatened the constitutional position of the monarch, with their underhand attempt at an illegal Prorogation of Parliament. Was that conservative? Likewise, tearing up international agreements signed with people the Prime Minister calls friends and partners is not conservative. It now appears that Ministers intend to opt out of the European Convention on Human Rights, for which Churchill worked so hard. Is that conservative?
I owe my time in this Parliament to the people of my beloved ancestral county of Cornwall. They are feeling the distinctly unconservative, scorched-earth nature of this Government particularly keenly. It is easy to underestimate quite how badly people feel let down by the level of deceit, misrepresentation and deliberate distortion—downright leaver lies—that has become all too common since the 2016 Brexit referendum. Both the Prime Minister and Mr Gove promised that the level of EU investment funding for Cornwall, as a region of generally very low household incomes and below-average economic activity, would be fully replicated in the new post-Brexit national support programme. Tory MPs repeated that promise. EU structural fund support this year would have been some £100 million. As Cornwall Council now warns, the actual UK support now firmly promised is only £3 million. Even if the proportion of SPF is matched, the maximum would be £57 million. So much for levelling up.
Further, to add blatant insult to injury, we have just learned that Ministers have torn up their promise, made to me in this House during debates on the then Trade Bill, that all existing protections for Cornish speciality food products under the excellent EU scheme would be fully retained in future trade deals. My noble friend Lord Purvis of Tweed pointed out on Thursday that the agreement with Norway and other countries has ditched that commitment. There is no protection there for Cornish pasties, clotted cream and so on. The Minister could only splutter in reply:
“You cannot get all that you ask for, of course, when you negotiate these agreements.”—[Official Report, 14/10/21; col. 2021.]
Did they even ask for this important protection? What is happening with all the other trade negotiations? It is this cavalier relationship with the truth that divorces today’s Conservative Party from its past and betrays the legacy of Macmillan, Heath, Major—and, yes, even Thatcher.
Eventually, I believe that the time of this clique will be over, both in the country and in the Conservative Party. But for now, the Johnson junta is making an insidious attempt to defy electoral gravity in perpetuity by weighting the entire system in its favour. Last week, the chair of the official Committee on Standards in Public Life said:
“It is essential … that parties obtain funding in ways that are free from suspicion that donors receive favours or improper influence in return … I doubt many would argue that our current system meets this test.”
That was a masterclass in understatement.
Yet, far from achieving cross-party and independent consensus on how to achieve transparency and safeguards, the Government’s Elections Bill actually increases the chance of elusive foreign financial inducements. It is demonstrably designed to inflate the influence of Tory millionaires while disfranchising millions of citizens who are less likely to vote Tory. It is deliberately partisan and a real threat to the basic integrity of our electoral system.
For about 150 years—since 1883, in fact—the law of the land has sought to prevent rich men buying the constituency elections that determine who will govern Britain. Candidates and their agents have been held responsible for all expenditure intended to advance their cause. This Government, in their own party interest, are attempting to reverse the 2018 Supreme Court judgment which reinforced that essential safeguard. In a feigned pursuit of “clarification”, the Bill would enable huge sums of money to be invested by the richest party in marginal seats while its candidate and his or her agent took no responsibility for it. There would be no effective control or limit.
To this, they add an attempt to change mayoral and PCC elections from the relatively fair supplementary vote system to the self-evidently less fair first past the post system, which cheats so many electors of any impact. Perhaps the most compelling line in the Government’s 2019 manifesto was the promise that they would be
“making sure that every vote counts the same—a cornerstone of democracy.”
In today’s multiparty democracy, that clearly requires the end of first past the post for the House of Commons. Parliament has legislated to make this happen in Scotland, Wales and Northern Ireland. MPs should perhaps recall the admonition, “Physician, heal thyself.” That would be an initiative on which we could all work together, co-operate and seek consensus.
I could hardly leave the House without reflecting on a lifetime commitment to changing how Members get here. I recall being accused of being “an old man in a hurry” when I was an enthusiastic proponent of the coalition Government’s substantial and sincere attempt to reform this place in 2012. I pointed out then that progressing to elections a century after they had first been envisaged in the Parliament Act 1911 could only be considered “hurried” in this Chamber. At that time, there was real cross-party consensus for promising elections—just no consensus on delivering them.
Among the deluge of reports and submissions on electoral and political reform that I have been wading through in my office, clearing the decks for departure, I came upon a previous submission by the then Leader of the Opposition here, the noble Lord, Lord Strathclyde, entitled “Delivering a Stronger Parliament”. I will read only a short extract:
“The Senate should have 300 members called Senators ... All political members should be directly elected in largely county-based, three-member constituencies. There should be an end to the abuse of patronage of the Blair years.”
But there was a footnote:
“It is truly alarming to think that the Prime Minister could believe the perpetuation of patronage on the recent scale was appropriate to any century, least of all the 21st”.
Yet today’s Prime Minister has again turned places in this Parliament into an instrument of patronage, to be purchased at party dinners. I hope the noble Lord, Lord Strathclyde, will do me a parting favour by repeating his former words to Mr Johnson.
We cannot escape some criticism of the media for creating the destructive atmosphere that we see today. Some of the media has had a really divisive role in the past five years. Today is Trafalgar Day: “England expects that every man will do his duty”. However, marine historians remind us that at least 10% of the crews in Nelson’s fleet were not English; they were foreigners. In the Brexiteer media, they would be branded as unpatriotic immigrants.
I plead with true Conservatives—in both Houses and beyond—to reclaim their party. For many years, I have had staring at me on my desk the reminder from Edmund Burke: “The only thing necessary for the triumph of evil is for good people to do nothing.” For all my reservations about the leadership of this Government, I sincerely believe that this House is a place full of good people. My Lords, I wish you well.
Standards in Public Life
Lord Tyler Excerpts(3 years, 3 months ago)
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Lord Tyler (LD)
My Lords, our thanks are certainly due to the noble Lord, Lord Blunkett, not just for this very timely debate but for the comprehensive way in which he looked at so many aspects of the concerns that we are all now experiencing. We also owe a huge debt of gratitude to the noble Lord, Lord Evans, his current colleagues and his predecessors, some of them Members of your Lordships’ House, for the meticulous work of the Committee on Standards in Public Life. In that connection, I express my appreciation for the kind words said about our much-missed former colleague, Diana Maddock.
I have a personal interest in the value of the committee. It was in answer to a Question from me on 18 October 1994—about Tory sleaze, as it happens—that the then Prime Minister, John Major, announced his intention of appointing the committee; the Minister may recall that exchange. In addition to supporting the work of the CSPL over the years, not least on political funding, I echo the contribution today from the noble Lord, Lord Evans; I am only sorry that he was limited in time. I refer also to his trenchant evidence to the Select Committee on Tuesday. His insistence that the overall integrity of our electoral system depends on the independence of the Electoral Commission, the statutory regulator, and that it should not be infringed by government or party interests is very germane to this debate.
The Speaker’s Committee is not only overweighted with Conservatives—and MPs who have a grudge against the commission, due to their own electoral misdeeds—but surely inappropriate. As I have already pointed out, the commission is answerable to Parliament as a whole, so it should be a joint committee so that Peers can ensure that the MPs on it are not just there to be partisan. Adding some lay members to the committee would also increase confidence in its impartiality.
The Statement by the Minister for the Constitution and Devolution, which was referred to earlier by the noble Lord, Lord Evans, was somewhat misleading in this respect. She said that
“the Government will empower the UK Parliament to hold the Electoral Commission effectively accountable”.—[Official Report, Commons, 7/9/21; col. 16WS.]
But this is a two-House Parliament. It is not just the House of Commons keeping an eye on our electoral system; this House has a responsibility, too, and some among us may feel that we are slightly more impartial. It should not be a question of MPs marking their own homework, as we might expect if it is left simply to them.
I very much endorse the points about the CSPL made by my noble friends Lord Wallace, Lord Clement-Jones and Lord Stunell—himself an assiduous member of that committee, as he demonstrated in his contribution today—but in the interests of brevity I am not going to repeat their comments. However, I will pick up one comment by the noble Lord, Lord Young of Cookham. As it happens, I have been listening to the noble Lord for over 60 years and I have experienced much wisdom from him. I felt that he too, after his long experience in government and in this House, was making an extremely strong case for strengthening adherence to standards but that there was an element of complacency in his reference to other international experience. I felt that that was not really where this House was this afternoon; I do not think there is any inclination to be complacent.
In that connection, I want to take up the wise words of the noble Lord, Lord Dubs. We have to see this in terms of both institutional responsibility and individual responsibility. They go together; you cannot divorce the two. A number of other contributions have made a similar point. Indeed, there have been many formidable contributions and clearly we are going to have to read Hansard with great care. I hope the Minister is going to do so as well.
Reflecting those contributions, I will take one very topical example. Naturally, much of the debate today has concentrated on the issues covered by the CSPL report Standards Matter 2. I want to refer to its even more recent report on electoral finance regulation. It was the product of careful consideration and examination, and equally thorough consultation, over some 12 months, with all the committee’s usual independence and integrity, and it resulted in 47 recommendations. All seven Nolan principles are rigorously relevant there. In particular, the committee was determined that electoral law should be approached with selflessness, integrity, objectivity, accountability, openness and honesty. It obviously also hoped that the Government and Parliament would show leadership in adopting a strictly non-partisan approach.
Given that we manage to review and update electoral law only every 20 years or so, you would hope that Ministers would recognise the overwhelming case for delaying the Elections Bill until the CSPL recommendations had been fully considered, incorporated or adapted. Not a bit of it. Ignoring the unique status of the committee, Ministers have charged ahead with their partisan Bill. Indeed, when my colleague Alistair Carmichael challenged the Minister for the Constitution and Devolution on this during the Second Reading debate on Tuesday, she abysmally failed to answer the point. Not only is this a direct insult to the committee but it prevents Parliament from doing its scrutiny duty.
In these circumstances, I am sure that Members on all sides of your Lordships’ House will sympathise with the evidence given by the noble Lord, Lord Evans, on Tuesday. He noted, incidentally, that the Government did not even consult the committee on the vital financial elements of the Bill. I also thought it significant that the Conservative chair of the committee told the Commons debate that the Bill should have had pre-legislative and cross-party scrutiny before the Government finalised their proposals. This is a classic case of trying to ensure that scrutiny is cross-party, not partisan.
The vexed issue of compulsory photo ID at polling stations has attracted most attention so far, but I believe that the clauses relating to cash are even more insidious—hence the vital significance of the CSPL recommendations. “Follow the money” is the watchword of all effective investigative journalism. We should learn the lesson there. Ministers have already had to admit that policing the eligibility of foreign residents for both electoral registration and political donations could be fraught. How can the UK registration authorities check the eligibility of a resident in a far-off tax haven?
A less noticeable set of clauses tears up the 2018 Supreme Court judgment that reiterated the century-old principle that candidates and agents should be fully responsible for all expenditure seeking to secure election in a constituency. Your Lordships’ House has a number of former MPs and we know how important that is; if that is not going to be a rule in future, it goes to the very basis of the integrity of our electoral system. We should not forget that the judge in that case urged the necessity to return to a level playing field. Suspended sentences are not verdicts of innocence. Reversing that judgment could enable a very rich party, benefiting from even more foreign donations, to pour hundreds of thousands of pounds into marginal constituencies without proper recording, reporting or controls.
In short, the Elections Bill looks like a measure to help millionaires buy seats while ignoring the voting rights of millions of disenfranchised citizens. This goes to the very roots of our parliamentary system, as the noble Lord, Lord Evans, and his committee have already said. This is all about standards of propriety in public life and in our representative system.
At one point we were told that the Government intended to introduce a Bill with the title of “Electoral Integrity”. Presumably trading standards then intervened, since there is no such claim to integrity now. The CSPL naturally pays much more attention to the need for fairness at the very heart of our electoral and political system. It should be listened to by Ministers now.
House of Lords Reform
Lord Tyler Excerpts(3 years, 5 months ago)
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Lord True (Con)
My Lords, my noble friend’s suggestions seem to arouse laughter on the other side. I strongly agree with him and suspect that many of the British people agree that this House needs refreshing from time to time. I will not get hung up on any number between 600 and 650. The membership should be appropriate to enable the House of Lords to carry out its role in a way that reflects that role and the primacy of the House of Commons as the elected Chamber.
Lord Tyler (LD) [V]
My Lords, can the Minister explain why dedicated, public-spirited, widely respected people of high integrity should continue to serve on the House of Lords Appointments Commission, which is independent? The Prime Minister, Mr Johnson, seems determined to treat its recommendations with complete contempt.
Lord True (Con)
My Lords, I do not agree with the noble Lord opposite’s assertion, which seems one of the most sweeping examples of the generalisation of a particular that I have ever heard. He may have a case in mind. The correspondence on that case has been published with proper transparency, and for my part I welcome the presence of that new Peer in this House.
Standards in Public Life Report
Lord Tyler Excerpts(3 years, 6 months ago)
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Lord Tyler
To ask Her Majesty’s Government what is their response to the report by the Committee on Standards in Public Life Standards Matter 2: Committee Findings, published on 14 June.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, we are very grateful for the work undertaken by the noble Lord, Lord Evans, and his committee. It has published an interim report, and the Government will respond formally to its final recommendations when they are published in the autumn. However, in the meantime we will carefully consider its interim findings, along with those of the independent review of supply chain finance, which is due to report to the Prime Minister by the end of June.
Lord Tyler (LD) [V]
My Lords, the committee and its seven principles of public life are the moral compass for politics and government. This report shows how far the Johnson Administration are failing to meet these standards. Even Dominic Cummings now seems to agree with this. The Ministerial Code, ministerial interests, business and public appointments and lobbying rules are all identified in this report as needing “significant reform”. Given that the public perception of excessive ministerial pressure for control, corruption and conformity is hugely damaging to our democracy, will the Minister now give the House a firm undertaking that the report’s recommendations will be acted on as a matter of extreme urgency?
Lord True (Con)
My Lords, I have already indicated to the House that the Government will study very carefully the interim findings of this report. I underline what I say every time I come to this Dispatch Box: I, and indeed the whole Government, attach the highest importance to high standards of probity in public life.
Ministerial Code and Register of Ministers’ Interests
Lord Tyler Excerpts(3 years, 7 months ago)
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The Minister of State, Cabinet Office (Lord True)
My Lords, I would never offer any reproach to the noble Baroness, for whom I have the highest respect. The only thing I would reproach her with is joining the wrong party—she would be an adornment to any party.
I am tempted to say that I could not possibly add anything to what was said by my right honourable friend the Paymaster-General, but I will say that of course standards in public life are essential and I think that every Member of your Lordships’ House and, indeed, of the Government aspire to them. I feel privileged to be a member of a Government who are led by my right honourable friend the Prime Minister who in his short premiership has led the country through Brexit and the Covid crisis with enormous distinction. On the publication of the register of Ministers’ interests, which was the substantive question the noble Baroness asked, the noble Lord, Lord Geidt, answered on this point to PACAC, but I can inform the House that he hopes that it will be published very shortly—that is, by the end of the month.
Lord Tyler (LD) [V]
My Lords, the Government have been spending large sums of taxpayers’ money trying to stop the courts establishing whether the so-called Covid contracts were awarded incompetently or corruptly. I make no comment on the legal proceedings, but whatever the merits of the case, this attempt at a cover-up is clearly in breach of the Ministerial Code, the Nolan principles, to which it refers, and perhaps even of the Civil Service Code. I have a simple question: who authorised this expenditure? Was it Ministers or civil servants?
Lord True
My Lords, I think the noble Lord does not give due weight to some of the things that were being said by spokesmen for his party last year about the need to make every effort to get those vital items of PPE for our country. Some 11,000 million items of PPE have been distributed, and the concerns that have been expressed attach to only 0.5% of the goods.
Size of the House of Lords
Lord Tyler Excerpts(3 years, 7 months ago)
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Lord Tyler (LD) [V]
My Lords, I strongly endorse the views of the noble Lords, Lord Young and Lord Hunt, and indeed those of the Lord Speaker. Is it not now obvious that Mr Johnson is seeking to deliberately damage the reputation of the House to reduce our influence? Will the Government now accept the recommendations of the Burns committee, and the view of the large majority of the House, and take the lead in legislating to end the 20 year-old temporary hereditary Peers by-election anomaly? This is way past its sell-by date.
Lord True (Con)
No, my Lords, for the reason I have just given. The noble Lord speaks with the strength of 86 Liberal Democrat Peers behind him. At the rate of retirement we have seen recently, it would be some time in the 2060s before their representation was reduced to that awarded to them by the British people in the House of Commons in 2019. Maybe there is another aspect of your Lordships’ composition that might be examined.
Ministerial Code
Lord Tyler Excerpts(3 years, 7 months ago)
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Lord True (Con)
I do agree with my noble friend. The Prime Minister, in denying one of the more absurd allegations, made the same point. If I am allowed a personal comment: I have the privilege of having my second vaccination tomorrow thanks to a modern miracle of science. We should all be profoundly grateful for that and the way it has been carried through in this country.
Lord Tyler (LD) [V]
My Lords, Mr Johnson seems to suffer from severe memory loss when it comes to recalling what he has said or written, not least with regard to the commitments he gave in his introduction to the code, when he vowed Ministers would all avoid
“actual or perceived conflicts of interest.”
Given his cavalier approach, is it any wonder that Ministers appear to regard its obligations as entirely voluntary? Can the Minister assure us that he has never infringed the requirements of the code?
Lord True (Con)
I am not sure who the “he” is in that question. If the “he” is me: I have always sought to adhere to the Ministerial Code. If the “he” is the Prime Minister: I have said I believe the Prime Minister conducts himself in accordance with all the principles of public life.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014
Lord Tyler Excerpts(3 years, 8 months ago)
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Lord Tyler
To ask Her Majesty’s Government what plans they have to review and update the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, the Government are already conducting post-legislative scrutiny of Part 1 of the transparency of lobbying Act, which established the register. The post-legislative scrutiny was announced in 2020, and earlier this year Ministers met stakeholders to seek their views.
Lord Tyler (LD) [V]
My Lords, I recall that during the passage of the transparency Bill I quoted Mr Cameron as saying:
“Sunlight is the best disinfectant.”—[Official Report, 13/1/14; col. 29.]
Will the Government now implement the recommendations from the Public Relations and Communications Association to strengthen the Act? As the Minister will know, I and my colleagues secured a promise to include special advisers when the legislation had settled down and to examine the case for the inclusion of in-house lobbyists. Given the widespread public perception of Tory sleaze, will the Government now take action to ensure that the Act recognises the danger of privileged access for their prominent political supporters?
Gender-balanced Parliament and Male Primogeniture
Lord Tyler Excerpts(3 years, 8 months ago)
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Lord True (Con)
My Lords, hereditary peerages are not currently created. There are life Peers in your Lordships’ House and the life peerage is gender-blind. There are 223 female Peers currently, 28% of the Members of the House of Lords. The Government’s aspiration is, of course, to see more.
Lord Tyler (LD) [V]
My Lords, do the Government accept that the simplest and quickest way to make progress in this direction, so far as this House is concerned, without complex legislation, would be to abolish the by-elections for hereditary Peers, since all the candidates are male? This temporary political fix of more than 20 years is well past its sell-by date. Will the Minister undertake to communicate to his colleagues the overwhelming view of this House that this should be included in the Government’s legislation for the coming Session?
Lord True (Con)
My Lords, it is not for me to comment on legislation in the forthcoming Session, but I would advise the noble Lord not to be a betting man.
People with Disabilities Standing for Elected Office
Lord Tyler Excerpts(3 years, 9 months ago)
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Lord True (Con)
My Lords, I agree with the noble Baroness’s point about skills. I do not wish to repeat the point I made about the difficulty of direct funding. After the 2019 election, we put out an invitation to tender, seeking an independent scheme administrator to help retrospectively, but unfortunately we did not receive a response.
Lord Tyler (LD) [V]
My Lords, we all appreciate the efforts that the electoral administrators are making currently to assist disabled voters in the circumstances that we face. Since the Minister has acknowledged that the risk of fraud from large-scale postal voting is much greater than from cheating in polling stations, is he confident that all necessary precautions are in place for May’s elections? In particular, with the return of postal vote applications to the authorities, will he do everything possible to prevent political-party interference, as apparently happened with the Conservative association in Mr Gove’s constituency?
Lord True (Con)
My Lords, I will not pursue the noble Lord’s political allegations. This Government have a desire, which I hope all parties share, to avoid all fraud in elections. In the Covid situation, we need to take action, including late emergency proxies to enable all to cast their vote.