(3 years, 4 months ago)
Lords ChamberMy 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.
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.
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.
(3 years, 5 months ago)
Lords ChamberTo 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.
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.
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?
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.
(3 years, 6 months ago)
Lords ChamberMy 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.
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?
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.
(3 years, 6 months ago)
Lords ChamberMy 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.
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.
(3 years, 7 months ago)
Lords ChamberI 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.
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?
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.
(3 years, 7 months ago)
Lords ChamberTo 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.
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.
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?
(3 years, 7 months ago)
Lords ChamberMy 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.
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?
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.
(3 years, 8 months ago)
Lords ChamberMy 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.
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?
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.
(3 years, 9 months ago)
Lords ChamberMy Lords, I cannot resist a quick personal tribute to the Lord Speaker. I beg leave to ask the Question standing in my name on the Order Paper.
My Lords, likewise: it was only 40 years ago that the Lord Speaker and I first worked together and I should like to express my sadness at the notice, and my appreciation of all that he has done for party, country and, indeed, the world, and we look forward to his independent career.
I can use a little bit of the time available because I can give the noble Lord, Lord Tyler, a positive Answer that we are changing proxy rules to enable those who need to self-isolate to request an emergency proxy vote at short notice, right up to 5 pm on polling day. This week we have laid a statutory instrument to make this change.
My Lords, I am grateful to the Minister for his response. We all appreciate that the Government have been able to take advantage of expert advice since I tabled this Question and have published some good guidance and some very useful changes, especially addressing the problems faced by shielding and self-isolating electors in arranging proxy votes, a matter to which I drew attention. In the meantime, can he clear up the mystery of the scientific or health advice on which the Cabinet Office unilaterally declared that a leaflet delivered by a volunteer was a serious Covid health hazard but that one delivered by a commercial company was not?
My Lords, guidance has been issued on aspects of election campaigning and further guidance will be issued. Campaigning is an essential part of democracy. The current national lockdown restrictions in England say that one must not leave or be outside one’s home unnecessarily, and those restrictions do not support door-to-door campaigning or leafleting. However, I take advice from the noble Lord’s question and, as I have said, there will be further guidance on top of the guidance that has already been issued.
(3 years, 9 months ago)
Lords ChamberMy Lords, I did reply to the Question, saying that we were undertaking a consultation and that a range of views were received from different parties. When the time comes to make an announcement, we will be able to provide more details to the House.
My Lords, given that the friend and family recipients of Covid crony contracts have already poured more than £8 million into Conservative Party coffers, does the Minister acknowledge that this huge increase in permissive spending will encourage more millionaires to think that they can buy government favours, including nomination to this House?
No, my Lords. I strongly disagree; the noble Lord should think carefully before spreading such charges. If one looks at the record of donations that the Liberal Democrats have received, including those from convicted criminals, it is clear that charges of that kind should not be cast in that manner. The Government are reviewing the matter; local election limits were put up by the coalition Government, in which Liberal Democrats served, in 2014.
(3 years, 10 months ago)
Lords ChamberMy Lords, I am not sure about the proposition of a body. I think that, ultimately, authority to determine must reside in Parliament and in part in your Lordships’ House. I hope that we will have debates and discussion. I agree with my noble friend that a lot of change was ill thought through, but I assure noble Lords that the Government intend to proceed cautiously and with independent advice.
My Lords, does the Cabinet Office recognise that more piecemeal changes to the constitution and to electoral law, such as No. 10 taking back control of the Prorogation and Dissolution of Parliament, weakening controls on election spending and attacking the independence and integrity of the Electoral Commission, break the manifesto promise, which has been referred to, of a comprehensive constitution commission, set up to take evidence in the first 12 months of this Government?
No, my Lords. I do not accept the characterisation of my right honourable friend the Prime Minister by the noble Lord, Lord Tyler. I must say that the Liberal Democrat party has never been slow to come forward with radical changes to the constitution with very little consultation with others.
(4 years ago)
Lords ChamberTo ask Her Majesty’s Government whether their Ministers are expected to abide by the standards of conduct in the discharge of their duties as set out in the Ministerial Code.
Yes, they are, my Lords. The Ministerial Code sets out standards of behaviour that Ministers are expected to maintain. Ministers are personally responsible for deciding how to act and conduct themselves in the light of the code and for justifying their actions and conduct to Parliament and to the public to whom they are ultimately accountable. The Prime Minister takes any allegations about misconduct very seriously and is the ultimate arbiter of conduct.
My Lords, on 2 November the Minister assured me and the House that the inquiry into bullying by the Home Secretary was wholly independent and free of all political and personal interference. Given that the Prime Minister prejudged that inquiry by expressing every confidence in her, promised to stick by her and then tried unsuccessfully to tone down the report before sitting on it for many months and rubbishing its recommendations, does the Minister now regret that he was misled? The Prime Minister promised that the Ministerial Code would outlaw bullying and harassment, but he has made the process a sham and the outcome shambolic. This is what Obama calls “truth decay”. Why should civil servants—or, indeed, anyone else—now trust the Prime Minister’s promises?
My Lords, I infer from his remarks that the noble Lord did not prejudge the outcome of the inquiry. The Cabinet Office published the Sir Alex Allan’s findings on the Home Secretary’s conduct. The PM, as the arbiter of the code, considered all the findings carefully and, weighing up all the factors, the Prime Minister’s judgment is that the Ministerial Code was not breached.
(4 years ago)
Lords ChamberTo ask Her Majesty’s Government when they expect to publish the report of their investigation into allegations of bullying of officials by the Home Secretary.
My Lords, the Government take complaints relating to the Ministerial Code seriously. The Prime Minister asked the Cabinet Office to establish the facts in line with the code. To protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. The Prime Minister will make any decision on the matter public once the process has concluded.
My Lords, justice delayed is justice denied. Surely for civil servants in the Home Office, past and present, this long delay of eight months is intolerable. In accord with natural justice, can the Minister now confirm that no one with a personal or political interest will have had any involvement whatever in the independent investigation into the behaviour of the Home Secretary, the report or the timing of its publication, and that that will clearly rule out any involvement by the Prime Minister?
My Lords, I can certainly confirm that the process is independent, but I can only repeat that, to protect the interests of all involved, the Government do not comment on the specifics of this kind of ongoing process. I repeat that the Prime Minister will make any decision on the matter public once the process has concluded.
(4 years ago)
Lords ChamberMy Lords, in the light of the report from the Good Law Project on procurement referred to by my noble friend Lord Scriven and the noble Baroness just now, can the Minister confirm that there is comparable transparency where the personal and political interests of Ministers and special advisers are in question? I cite the specific example of the £276 million PPE contracts, to which I have drawn Ministers’ attention.
My Lords, Ministers are bound by the Ministerial Code and civil servants are bound by the Civil Service Management Code, from which I have quoted. Special advisers are also required to conduct themselves in accordance with the code of conduct for special advisers and the Civil Service Code.
(4 years, 1 month ago)
Lords ChamberMy Lords, I am grateful for the opportunity to respond to this short debate. Its brevity does not detract in any way from the importance of the points put forward. I am grateful to the noble Lords who have spoken. I have discovered that, as far as jam and cream are concerned, I am a Cornish man, rather than Devonian—not that I am allowed to eat such things any more; you can ask my wife about that.
I do not want to belittle the thing, but the one thing I would demur about is the suggestion that this Government do not care or have a concern about community. This Government have a profound concern for community, and every fibre of my being, in the life I have led in local government, reinforces that sense within me. I totally understand the passion, commitment and sense behind the amendment to protect constituencies in Cornwall.
I will not repeat the arguments that I made in Committee. There is a problem, and there is a reason why, in principle, it would potentially be difficult, in that other communities might argue and ask why they had not had the same protection. I mentioned Suffolk and Norfolk. I do not equate Cornwall with any other place—Cornwall is special—but, on the other hand, I remember a storm arising in a field in East Anglia when I was a very small boy, and my grandmother, who came from a long line of Lowestoft fisherfolk, as we call them these days, took my hand in hers and said, “Don’t worry, a storm can never cross the water,” by which she meant the River Waveney. There are places where boundaries are felt to be important. I believe community arises and is not measured against other people but within ourselves, within place and a range of things that make up who we are.
I understand where this amendment is coming from, and I understand the argument from community. I hope and expect that the Boundary Commission will recognise, with the latitude it has, the importance of community—including the sense of being Cornish. The Government are, however, committed to constituencies as equally sized as possible, and that aspect of the protection of constituencies, apart from with the islands, is held to be important.
The Government certainly understand the point. My noble friend Lord Bourne was manifest in this when he was a Minister and the noble Lord, Lord Teverson, was kind enough to say so, quite rightly. The Government recognise the importance of Cornwall and being Cornish. Indeed, last year we provided £200,000 of financial support, I believe, to fund a range of Cornish language projects, as well as work to tackle barriers to systematic education provision around the Cornish language. Although I cannot accept this amendment, I assure the House that the distinctive nature of Cornwall is understood. I am reinforced in feeling able to advise the House that we do not need this amendment because, as the noble Lord, Lord Tyler, said, our expectation is exactly his expectation: we do not expect, given the 600 constituencies and the tolerance suggested, that there should be a case or a need for the new constituencies to cross the Tamar. It appears likely that they will remain within those bounds and, if I am allowed to express a personal view from the Dispatch Box, I hope that they will. I am sure that will be shared by many in the Government.
I respect the views expressed here, and I understand them, but I do not believe, given the potential knock-on effects, such as questions as to why other communities and places are not recognised, that we should put it in statute. I hope that, having heard those assurances— and I repeat the sense that the Government are well aware of the importance of Cornishness and Cornish sentiment—that the noble Lord, who has spoken so ably on behalf of that great county, will feel able to withdraw the amendment.
My Lords, I am very grateful to all Members who contributed to this short debate, particularly the Minister—and I will come back to him in a moment. In the meantime, I hope that all Members of your Lordships’ House recognise that the vote we undertook, less than an hour ago, to extend the tolerance either side of the quota norm to 7.5% actually makes it much easier for us to recognise Cornwall as a separate entity. That room for manoeuvre will, I think, as the Minister hinted just now, mean that there will not be another threat of a “Devon wall” seat. However, I do not take anything for granted: it might be that we will not have, when the Bill finally gets Royal Assent, that degree of flexibility. I just hope that we do. On the previous proposal for a seat that would cross the Tamar—the so-called “Devon wall” threat—I am sorry to say that a number of Conservatives, locally as well as nationally, just accepted it, which was very regrettable. We should have had unanimity across the parties, as we now have in Cornwall Council, as is represented by the letter it sent to us all.
The vote that took place less than an hour ago has made the situation simpler, because it is very unlikely that that threat to the boundary will happen again, as, indeed, the Minister has now accepted. I know that some would want to try to make sure that the removal of that threat became permanent. However, I am conscious, as someone who is keen to maintain the law and the constitution, that no Parliament can absolutely commit a successor, any more than a Government can. To pass an amendment at this stage might not be appropriate for the present review we are discussing and is unlikely to be necessary for a future review. Of course, that might not be a solid proposal if we get some fallback from our excellent vote of just a few minutes ago—but I think we can now be reasonably confident that there will not be another “Devon wall” seat in the immediate future.
I take seriously what the Minister has said. He said in terms, “Cornwall is special”. I have underlined that and write it in heavy type. I know he feels strongly about the boundary between Suffolk and Norfolk, which I happen also to know, but it is nothing like as firmly and clearly defined and delineated on the map of Great Britain as is the boundary between England and Cornwall. But I take seriously and respect what he has said. We all want to respect communities better and, par excellence, the community, history, integrity and identity of Cornwall is special. In the meantime, I am happy to beg to withdraw my amendment.
(4 years, 2 months ago)
Lords ChamberMy Lords, every Member of your Lordships’ House has the right to express a personal opinion, and long may we do so. However, it is important, as my noble friend says, that the House reflects on the risk of becoming out of step with public opinion on this great question.
My Lords, does the Minister accept that, following the huge majority for the 2012 House of Lords Reform Bill which Sir George Young, as he then was, secured at Second Reading, this House could by now be well on the way to being a 450-strong senate with a democratic mandate? Further, will he acknowledge that it was only the silly party games played by the then Labour leadership with reactionary Tory Back-Benchers that stopped that Bill in its tracks?
My Lords, I think that the noble Lord has rather upset our colleagues on the Labour Benches. Many histories of that period could be written. The fact is that legislation was presented and, as I said in an earlier answer, it did not find favour at the time.
(4 years, 4 months ago)
Lords ChamberMy Lords, in the final 72 hours before the EU referendum in June 2016 there was extensive, disguised, unregulated and targeted digital campaign messaging. Ministers ignored this. Why? This occurred again last year, with shadowy Brexit-supporting groups spending hundreds of thousands of pounds and then disappearing. Ministers ignored this. Why? Given the detailed recommendations of the Electoral Commission and the Information Commissioner more than a year ago, and now of both Commons and Lords Select Committees, that those responsible and paying for such political digital messages must be made to identify themselves, why have Ministers dragged their feet?
My Lords, Ministers have not dragged their feet, and issues of electoral integrity are very much under consideration, as the noble Lord knows. Action will be taken in the course of this Parliament. On his central question, we have seen no evidence of successful interference in the EU referendum.
(4 years, 4 months ago)
Lords ChamberI am not going to interpose my body between Birmingham and York. The right reverend Prelate is correct that outreach is important. To give an example, I had the honour of chairing your Lordships’ Select Committee on Intergenerational Fairness and Provision; I took evidence in Doncaster, which was illuminating and helpful. The broader context of this debate and discussion, in so far as it has started, is that the Government intend to take parts of the central Civil Service out of London. We intend to bring the process of government closer to the people. We in this House should not shut ourselves away from considering how we can do that. The right reverend Prelate referred to a very good ongoing practice.
My Lords, given the various attempts by No. 10 to emasculate the scrutiny work of your Lordships’ House, can we take it that this proposal to banish us to York is simply a threat to cut off the House from MPs, Ministers, Cabinet, civil servants and the rest, and to weaken our constitutional role? Would it not be much less disruptive to send the whole Cabinet Office to York? That would not need a lengthy parliamentary process and would, in the words of the Minister, bring government closer to the public. Has the Leader of the House made any representations on this to Messrs Johnson, Gove and Cummings?
My Lords, I have put on record what my right honourable friend Michael Gove said. The noble Lord speaks from outside this Chamber, which is perfectly reasonable. In this current emergency, your Lordships have been scattered to the four corners of the kingdom. There has been no parallel since 1665 when the House took itself to Oxford to avoid the plague. Speaking as a Minister, I do not feel either today or on other occasions that the intense and proper scrutiny from your Lordships has been weakened. I reject any contention that this Government want at any time to weaken parliamentary scrutiny.
(4 years, 5 months ago)
Lords ChamberMy Lords, I agree with my noble friend. On the details, I must ask again for the House’s patience. She is quite right to say that the Act was born in unusual circumstances: it was part of a doubleton with plans for proportional representation, which the Liberal Democrat party hoped at the time would enable it to hold the ring in Parliament and change horses whenever it wished.
My Lords, if enabling the Prime Minister to dissolve Parliament at a time to suit his or her party is put on the statute book, it will start to codify the royal prerogative. Is that what the Government intend?
My Lords, again, the noble Lord tempts me to go ahead of where we are now. I do not agree with the idea advanced by a number of noble Lords that, axiomatically, the Prime Minister’s power to dissolve works in that Prime Minister’s interest; for example, it did not do so for Mr Heath in February 1974.
(4 years, 6 months ago)
Lords ChamberMy Lords, I have stated on the record the position of the Government—I am sure that any number of Ministers could do the same—and I have no doubt that the Leader of the House will be following our proceedings. The current total priority and focus of this Government is to deal with the Covid-19 emergency. I assure the noble Baroness that, were such an idea ever to be suggested, it would be given the very lowest priority.
My Lords, is it not obvious that somebody in No. 10 is playing party games with the constitutional role and responsibility of Members of your Lordships’ House, as set out in our Writ of Summons from Her Majesty the Queen? Following the answer that was given just now, can we be assured that the Leader of the House will start leading for the House and will stand up to No. 10? Will the Minister confirm that any changes of this sort will follow the normal process of scrutiny, debate and votes in your Lordships’ House?
My Lords, I certainly agree with the point on scrutiny. The Government have made it very clear that they do not consider piecemeal reform of this House to be sensible. However, I repeat that there is no substance in this story. I am not sure whether it was a case of the ill informed meeting the inventive or perhaps one or the other, but I repeat that it is not government policy.
(4 years, 7 months ago)
Lords ChamberMy Lords, this requires a simple yes or no. For clarity, can the Minister tell us whether the present Prime Minister has committed himself to the same self-restraint as of his predecessor in relation to the Burns committee recommendations?