(1 week, 2 days ago)
Lords ChamberMy Lords, I must apologise for being a little late; the annunciator was not operating properly in my room. I must also apologise that I am speaking and not my noble friend Lord Purvis. He has been at the funeral of my namesake in Kirkwall today.
I wish to talk about the broader issues in the Statement and, to quote the Statement, about what we need to do
“to rebuild trust in public life in the wake of the damaging revelations”
since the Prime Minister’s Statement last week. We all face the enormous problem now of longer-term decline in public trust in politics in this country and of what this will do to make it decline further. All of us, in all parties, need to resist scoring too many points against each other and to recognise that we have a common task to rebuild that public trust.
I hope that, in that sense, the Government will take this opportunity to push through some of the reforms that the Labour Party and others have talked about but have not yet found the courage to pursue fully. I note, incidentally, that Transparency International has just lowered the UK’s rating in its Corruption Perceptions Index, which is now much closer to the American level than to the level of most European democracies. That is where we are. So I hope the Government will take this opportunity to introduce significant reforms, which we hope will command cross-party support.
I hope that these will include parliamentary scrutiny for all senior public appointments. The noble Baroness, Lady Chapman, this afternoon hinted that His Majesty’s Government are already moving in this direction. Too much power and decision-making is concentrated in Downing Street. We all recognise that the Prime Minister has too many decisions to take. Parliamentary sovereignty is a convenient myth that covers Executive domination. Political decisions and appointments would be much more acceptable if government change were approved by Parliament.
Then we need to strengthen the guardians of ethics in public life. We need the Commissioner for Public Appointments, the Advisory Committee on Business Appointments, and the Independent Adviser on Ministerial Interests to be strengthened in their roles and perhaps given a statutory basis. We need to look at the status of the Ministerial Code, and please can we have the delayed publication of the revised Cabinet Manual, last revised far too long ago?
We need to consider whether the business of taking office for the Prime Minister and for Ministers should be changed, and whether they should take an oath, perhaps before their House of Parliament, as they take office? Maybe they should receive training. Most immediately, I hope that the Government will now bring in a strong elections Bill, with caps on donations, defences against foreign, state and private donations, and a properly independent Electoral Commission.
There are broader reforms which the Liberal Democrats would like to push for to move away from the confrontational style of Westminster politics: fewer Ministers, looser Whips, stronger committees, acceptance that multiparty politics means a more collaborative style of politics. I heard Andy Burnham, the Mayor of Manchester, say last week at the Institute for Government that a change in the voting system would make our politics less adversarial. I hope there are some within the Government who are considering that.
There are particular implications of this scandal for the Lords, for which the Labour Government have not yet delivered half of the reforms their manifesto promised. This has damaged the reputation of the Lords, and that means that we have to take those reforms further. We are a part-time House, so the question of outside interests and second jobs, which the noble Lord, Lord True, touched on, is much more difficult for us. Prime ministerial patronage on appointments should also come into consideration. Donors should not be appointed to the Lords, which is a working Chamber. There is a strong case for rules on outside interests and for retirement and participation limits, and we look forward to receiving those.
Lastly, does the Leader agree that the widest lesson we have to take from this is that it is not only politicians who need to regain public trust but those who run international finance: banks in New York and London, multinational companies and high tech? Most of these are based in America, but I note that the CEO of the bank which paid for my education and at which my father worked for 40 years is one of those named in the Epstein files. We should not underestimate the scale of the potential public reaction against financial as well as political elites. Will the Government therefore discuss with the City of London how it, too, needs to react to what is now coming out and what will no doubt continue to come out for some weeks to come?
My Lords, I am grateful to both noble Lords for their questions. I understand why the noble Lord, Lord Wallace, was unusually able to contribute despite being late. He was only a couple of seconds late, and obviously I understand that the noble Lord, Lord Purvis, is at the funeral today in Orkney.
The Prime Minister has said that this was a wrong decision. He has been clear and honest about that and he has apologised. He has been clear that he was lied to by Peter Mandelson when questions were asked. He feels the sense of betrayal that a number of people feel about the answers that were given and about the trust that was broken. More importantly, when the Prime Minister apologised to Parliament, he also apologised to the women and girls who were victims of Jeffrey Epstein. If we do not keep them at the forefront of our minds, we do not learn any lessons and we do a disservice to them. Because of what has happened with Peter Manderson, they have relived this, and the impact that has had on their lives and continues to have going forward is something we have to be very aware of.
This was a betrayal on an almost industrial scale. I doubt many of us have read all the messages, but some messages were being sent in real time to Jeffrey Epstein on sometimes very sensitive matters of public policy. That is a betrayal not just of friends and colleagues but of the Government and the country, and we all take that seriously. This is not just about Peter Mandelson’s friendship with Jeffrey Epstein. These were rich, influential, powerful people, mostly men, who used their power to use and abuse young girls, often almost in plain sight. I find that unsettling and deeply shocking. This scandal went on for so long, and yet again those who were abused were not believed. There are lessons to be learned from that.
Both noble Lords raised the question of what happens next. The noble Lord, Lord True, asked about the public accountability Bill. That is being worked on at pace to get things right, and the Prime Minister has made his personal commitment to that clear. The noble Lord also asked about the vetting system and said that blame was being pushed on to it. No, but the Prime Minister has said it was a wrong decision, and he takes responsibility for that and has apologised. But if we are saying that the vetting system cannot be improved, it was the same vetting system that had been used in every other case, although clearly, lies were given to the Prime Minister. But changes are being made to a system whereby it is after an appointment has been undertaken that full vetting, as opposed to due diligence, is undertaken, for now and for the future.
The noble Lord, Lord True, seems to think that the only non-corporate communication channel is WhatsApp. This has been visited by numerous Governments over years. Non-corporate communication channels are anything that is not the approved channel. Having been in government, he will have had a particular email address and a particular device he could use. I am told that back in the day, it was quite common for people to share emails on their BT email addresses. That is wrong, so over the years guidance has been given and will continue to be updated.
The noble Lord also asked about second jobs for MPs. Of course, it is a completely different issue. Anyone in this House who has been a Member of Parliament, and I see several, will know that it is a full-time job. This has been looked at in the past and it will be looked at again. It is different for your Lordships’ House, in that Members have outside interests they pursue. But there is also the issue of transparency and lobbying, which was mentioned, whereby Members cannot profit from membership of this House. There is no issue at all about Members having outside interests and outside employment, but there is an issue if the two become conflated and Members use membership of this House in order to profit from it. Lobbying Members, if employed by a lobbying firm, and those kinds of issues are ones the House would like to address. I am glad the noble Lord indicated his consent on that.
The noble Lord also asked about the ISC and the relevant documents. I am not quite sure what he was getting at. I think he was suggesting that, because the ISC is serviced by the Cabinet Office, somehow it does not have independence. The members and the chair of the ISC may feel very differently about independence and how it operates. I hope he was not suggesting that. I cannot give him any further information on the Cabinet Secretary; I do not have that information. If there is any information, I will of course update noble Lords.
The noble Lord asked about legislation to remove peerages and whether there would be full and open consultation. I was clear in this House last week that there would be. The noble Lord and I have discussed this privately as well, and I assured him of that. I do not know if he is uncertain about it, but for something that will have an impact beyond the current circumstances, I would want to ensure that this House was content with what it did, and that we were content that it would deal with any future circumstances where the House may think it appropriate that, because of someone’s behaviour—if they were expelled from this House, for example—they would not be entitled to continue to have a peerage.
The noble Lord, Lord True, said that we should not be stampeded into changing the laws. Of course no one is going to be stampeded. We have a proper process in this House: it is called legislation, and that is how we take things forward. In terms of the Conduct Committee, I shared the letter I sent to the noble Lord, Lord Kakkar, with the noble Lord, Lord True. There is no undue influence, but the whole House would want to be assured that we are confident that our rules, processes and procedures do the job they are supposed to do to give Members of this House guidance and confidence, and to give the public confidence in our work as well.
The noble Lord asked a number of questions. He had a bit of a shopping list, I am afraid, of various things that could be done, and I have probably been receiving two different sides of the argument here. This House knows that a number of things should be done about our processes. The Prime Minister has already updated the Ministerial Code so that the independent adviser can make decisions on his own about whether or not to investigate an issue. There are a number of things that have to be done, but at the bottom of this is that we have to ensure that we are above reproach and that we give confidence to the public that we do the work that we are here to do, without fear or favour, and with the spirit of the country’s interests at heart.
(2 weeks ago)
Lords ChamberMy Lords, the issue of the Chagos Islands—which I know the noble Lord has strong feelings on—is not entirely relevant to the discussion we are having today, which I think is about the victims of a known paedophile and going beyond that. Obviously, an ambassador would have those discussions—[Interruption.] I would be grateful if the noble Lord did not heckle from a sedentary position, as I want to try to answer his question. Obviously, an ambassador has ongoing discussions with the Administration during the time they are ambassador; other officials in the UK Government will be having those discussions with the American Government as well, and they are ongoing.
My Lords, I note the Minister’s mention of the desperate need to re-establish political trust. I think all of us, on all Benches, need to understand how much Westminster politics is distrusted at the present moment and how we all, on all Benches, need to work together to restore that. Can she say a little more about what the Government plan to do on reforming the way Westminster and Whitehall work to restore public trust? There is a suggestion, for example, that, when Ministers take office, they should take oaths before the House to which they belong. On other measures, further reform of the House of Lords has also been mentioned. That would be welcome to know.
Can I also ask that the Government pursue the possibility of a Russian connection in this Epstein network? We know the Polish Government are very concerned about this. We see in the files the reference to a number of Russian connections—Russian women—involved. We have had substantial Russian penetration of British politics in the last 15 years. It may well be continuing, and we need to make sure, as we want to re-establish public trust, that we get it out in the open if it is still happening.
I will take the noble Lord’s last point first. All avenues of investigation are open. All information on the national security issues will be passed to the ISC so that those issues can be looked at in detail. I have to say that, with several million documents, I certainly have not been through all the emails, but I find those that I have read pretty unedifying and unpleasant to read. There are people whose job it is to go through all these, look at every possible link and get to the bottom of whatever has happened.
The noble Lord is absolutely right to raise the issue of political trust. If you think about the work this House does, most of it is painstakingly detailed work on legislation to try to get things right. I do not believe anyone in this House comes into public service to do a bad job, but, if things go wrong and Members do not reach the standards we would expect of them—and that the public would expect of us—then they abdicate their right to be here.
On the points the noble Lord makes about the Ministerial Code, for example, that has already been strengthened: there is an independent level that was not there previously. Previously, the Prime Minister of the day could decide if somebody had broken the code and should be investigated. Now, it is for the holder of that code to make that decision on an investigation, which I think is a big step forward.
Legislation is currently being drafted about removing peerages from those who should no longer be entitled to have them. There will be discussion on exactly what form that will take and how we do that. As I said in answer to the noble Lord, Lord Purvis, we want to get that right so that we are, in a sense, future-proofing so that, should any circumstances arise in the future where we think someone should not just not be a Member of this House but not be entitled to hold a peerage, that can be done in a processed, fair way. But it has to happen, and I think we can all think of other examples where it should have happened.
How do we restore trust? If I knew the answer to that, they would probably make me Prime Minister. But it is a really serious point, because this has been going on for a very long time. Trust in politicians has been eroded over time, sometimes fairly, sometimes unfairly. It does not actually matter why: we need to ensure that we do everything we can—that, in our parliamentary and public-facing lives, we behave in a way such that people feel they can give us the trust we feel we deserve. If we do not, we have to move out of the public arena.
(7 months, 2 weeks ago)
Lords ChamberMy Lords, Amendment 5 is in the names of my noble friend Lord Newby, me and others. In preparing for this, I was also looking at preparation for Friday’s debate on a report from our Select Committee on the Constitution, Executive Oversight and Responsibility for the UK Constitution. That report in effect says that the chief responsibility for maintaining constitutional behaviour in Britain rests with the Prime Minister. That is to say the Prime Minister, who is the all-powerful Executive, is also responsible for making sure that the Executive behave themselves. That, of course, is one of the underlying problems with our unwritten constitution: it relies on our Head of Government being a “good chap”, or a “good chapess” in the case of Liz Truss. The responsibility, authority and power to appoint Members of the second Chamber also lie with the guardian of the constitution and Prime Minister, more or less unchecked.
The Written Statement we had the other week—quietly put out on the Government’s behalf—suggests that future party appointments to this House should require the party nominating them to provide a short note on the qualifications for the—
My Lords, I am sorry to interrupt the noble Lord but, just as a matter of accuracy, I think he is talking about the citations that are already in place and were used in the last list to come forward.
My apologies. The Prime Minister in future would have to justify overriding the House of Lords Appointments Commission. This perhaps is some control mechanism on the Prime Minister’s power of appointment, but we have lived through a difficult period in which we have had Prime Ministers who did not particularly pay attention to constitutional conventions and did override the advice on the integrity and suitability of nominations presented by the Prime Minister.
I think the long-term answer to this is clear: we change the way in which this House is constituted. The Bill we presented when we were in the coalition in 2011 and 2012 suggested that we would do much better to have a second Chamber elected in thirds for 15-year terms. That would resolve a lot of these problems, but in the meantime, with the very slow pace of partial reform that we have on these occasions, we need a number of interim measures to limit the Prime Minister’s prerogative and to guard against the real risk that we might again have a Prime Minister who is not a good chap or chapess.
Over the last 30 or 40 years the British have constructed a number of what are called constitutional guard-rails to limit the Prime Minister’s untrammelled prerogative power. We have the Committee on Standards in Public Life, the Independent Adviser on Ministers’ Interests and the House of Lords Appointments Commission itself. The Labour Party’s manifesto committed to construct a new ethics and integrity commission that will also be a means, yet undefined by the Government, of checking the Prime Minister’s untrammelled authority and holding the Prime Minister to account.
We are all painfully conscious that not all Prime Ministers or presidents respect constitutional or ethical constraints. We have experience in this country, the United States has an extremely painful experience at the moment, and we might again have the experience after the next election, so this interim measure seems to many of us necessary and highly desirable. I beg to move.
Those four Cross-Benchers have come through the route of public service, and there is still obviously the expectation that HOLAC would have its appointments done separately. I think that was quite clear in the Statement. I am sorry that that was not clear to the noble Lord before.
Having answered questions again, I respectfully ask the noble Lord to withdraw the amendment.
My Lords, this debate has gone a good deal wider than our modest amendment. Perhaps we will come back to oaths, and the question of the balance in appointments of Cross-Benchers, between the great and the good and people’s Peers, is another thing that we should clearly come back to.
I was very struck at various points in the intervention of the noble Lord, Lord Hannan, particularly when he was discussing the difference between liberal democracy and popular democracy. Liberal democracy is where those who govern do so with a degree of checks and balances to make sure that decisions are taken with due consideration and that policy does not swing with popular opinion too rapidly from one to another.
When the noble Lord, Lord Jackson, says that we should not have unelected judges holding Governments to account, he is actually saying that the rule of law should not be a check on the tribune of the people, whoever the President or Prime Minister may be. In this amendment, we are talking about a check. We are not saying that HOLAC should make all the nominations. We are saying that, when the Prime Minister makes nominations, HOLAC should advise and the Prime Minister should accept that advice.
The noble Lord says this is not about all nominations but just those from the Prime Minister. However, the only other nominations other than the HOLAC-appointed ones come through the Prime Minister from the political parties, so which nominations is the noble Lord referring to?
(1 year, 1 month ago)
Lords ChamberMy Lords, free speech is crucial, but it brings with it responsibility. I think we would all say that, although people have no right not to be offended, it is important that any comments made, whether on social media or in any other form of media, are factual, accurate and well-informed. It strikes me that on issues that are contentious we should perhaps lower the temperature, not the tone.
The Leader of the House may be aware that, in the latest incident, Elon Musk has responded to Ed Davey’s criticism in language that Tommy Robinson might well use but, I am sure, Nigel Farage would disapprove of. It is important to have a sense of commonality in public debate. A public broadcasting network on which there can be a national conversation becomes all the more important when misinformation is being put into this country by social media outfits abroad. Can the Leader of the House assure us that the Government will do their best to defend and promote the BBC, which all public opinion polls show is the most trusted source of news for the largest proportion of our population?
My Lords, I am a great defender of the BBC, not least for its fantastic production of “Wolf Hall”. If we look back through history, we find that misinformation has caused enormous chaos time and again. It is important that all of us see truth, accuracy and decency as a collective responsibility, and that debate is conducted in a way that is conducive to providing information and helping people to understand the issues. I repeat that we should lower the temperature on contentious issues. It seems that some people are sometimes too interested in lowering the tone of the debate, not the temperature.
(1 year, 4 months ago)
Lords ChamberI am almost speechless. As I have said, the important thing is transparency. The only reason why there is information in the public domain about any gifts or donations is transparency. I am surprised that the noble Baroness did not comment on the changes being brought forward by the Government. It seems to be a terrible anomaly that under the last Government, Ministers who received hospitality gifts would have a quarter in which to declare them as ministerial hospitality gifts with no value, yet a Member of Parliament sitting next to them would declare them in a month, along with the actual value. That has to be changed.
I get why cultural events like orchestras, cricket, football and other sporting events are so popular, and why that is important. However, I struggle to understand why Ministers should not have declared these in the same way MPs did. They did not under the noble Baroness’s Government; they will under ours.
My Lords, as well as looking at gifts more strictly, should the Government not also be looking at subsidies for politicians? We read that Boris Johnson is receiving £4 million for the publication of his brief memoirs. Does this suggest that the Daily Mail and others are overpaying in order to support his political activities and lifestyle? We also read that GB News is paying Nigel Farage MP £1 million for a part-time job as a presenter, and six-figure sums to several others, like Jacob Rees-Mogg. GB News announced a loss of £30 million last year. If these are effectively subsidies for political activities, should they not also be investigated and reported transparently?
My Lords, any gifts, earnings, et cetera to Members of Parliament have to be declared in full. Of course, not all those whom the noble Lord mentioned are still Members of Parliament. I think all organisations would want to make a judgment on whether or not they were getting value for money.
(1 year, 5 months ago)
Lords ChamberI have always admired the noble Lord’s ingenuity, and never more so than today. It is a bit of a reach to say that a Statement should have been made to this House first. This was first debated around the hereditary Peers by-elections, it was debated following the Labour Party’s manifesto commitment, and I have had numerous conversations since the election and will continue to do so. A Bill has been introduced in the other place today; it will come to your Lordships’ House and we will have our discussions in the normal way. The noble Lord says that there was agreement previously. It was because there was no agreement during the passage of that Bill that further discussions took place and temporary arrangements were made on a transitional basis to exempt some hereditary Peers from the legislation. This will complete that process. I remind the noble Lord that my comment to the press about the Bill’s introduction—made in the normal way—started by recognising the valuable contributions that many hereditary Peers have made to Parliament.
My Lords, I remind the House that my party is committed to further reform of this House, including the introduction of an elected element, which we first declared as party policy in 1911. I also remind the House that, during the last Parliament, a number of Conservatives—who know very well who they are—spent a great deal of time complaining that the Liberal Democrats were overrepresented in this House because of our small numbers in the Commons. It is now quite clear that one of our most immediate problems is the overrepresentation of Conservatives compared to their small numbers in the Commons. Can the Leader of the House tell us whether there have been any discussions so far about a voluntary reduction in the number of Conservatives in this House to reflect the new situation since the election?
I have had no approaches from the party opposite about its numbers. On the noble Lord’s point about wider Lords reform, for the last 25 years one of the arguments has been that nothing should be done until everything can be done—but no one agrees on what “everything” is. A piecemeal approach is by far the better way. The party opposite complains about Lords reform, but in the years that it was in government the only proposal it came forward with was to move the House of Lords to York.
(1 year, 5 months ago)
Lords ChamberMy Lords, I am confident that the rules in place mean that no Government have made dodgy appointments to the Civil Service—because the rules are very clear on this. On the first part of my noble friend’s question—why the current review is being carried out only from 1 July—apparently there is a regular, ongoing, routine investigation and audit by the commission, but this is exceptional and in addition to that. Apparently, the commissioner wrote to heads of department to say that it was in view of the “recent interest in appointments by exception”—but all appointments are part of a regular audit process.
My Lords, does the Minister agree with the statements that the noble Lord, Lord Maude, and the noble Baroness, Lady Finn, made on a number of occasions during the coalition Government that the Civil Service benefits from the recruitment of outside experts to senior roles? I declare an interest: I happen to have worked with one of the two people recently recruited for a short period of time in Labour Together and I never had any impression when working with her of any partisanship—she was extremely professional. Does she further agree with what Henry Newman, formerly a Conservative special adviser, wrote in TheWhitehallProject two weeks ago:
“There is nothing inherently wrong with appointing either individual, but it should have been done with transparency and through clear procedures”?
My Lords, there are clear procedures in place. The department has to be satisfied when bringing in external expertise at all levels of the Civil Service. We are talking about 9,000 out of 80,000, and these are not just senior appointments. We might need to bring in expertise for short-term reasons or for specialist knowledge. It might be because of the nature of the appointments; if they are short term, it might not be appropriate to have a long recruitment process. It is absolutely right that an appointment has to be signed off by the department, which must be satisfied that it is justified, relevant and complies with the Civil Service Code. I think it was the noble Lord, Lord Maude, who introduced those appointments to the Civil Service around 2010.
(1 year, 6 months ago)
Lords ChamberMy Lords, we have heard from the response from across the House how seriously those who are here in your Lordships’ House take their responsibilities. It is an honour to be appointed a Peer, and that brings with it responsibilities to the work that we do. I listened to the noble Lord’s comments on the King’s Speech about this, and I will look at and consider the issue. The House is large, and I think we have to ensure that we focus on the active contributions. Going forward, we will look at colleagues’ participation and the range of participation that Members are involved in—from voting in the Lobbies to taking part in committees to engaging in debates. I will take his views away and will take soundings from other colleagues across the House.
My Lords, does the Minister recognise that the prerogative power of the Prime Minister to appoint to this House remains absolute, as we saw under Boris Johnson? As a prerogative power remaining from the Middle Ages, the Prime Minister could announce that from now on the Prime Minister would not make appointments to this House without consultations with ACOBA and various bodies. Is that part of what is under consideration? Is there not a consensus now that it may be time for us to consider separating the honour of a peerage from the duty to attend the upper House?
My Lords, that is exactly the same point made by the noble Lord, Lord Foulkes, about having two separate categories of peerage. I come back to the point that for all noble Lords it is an honour to be appointed to your Lordships’ House, but that brings with it responsibilities. I know noble Lords from across the House are very disappointed if colleagues are appointed and we do not see them, so I will take that back. Those who are appointed to this House at present do have a responsibility. I do not mean that everybody has to be here all day every day and be a full-time Peer, but we do have expectations that Members will be committed to the work of this House and play a part in it.
(1 year, 6 months ago)
Lords ChamberMy noble friend has put a number of those questions to me over the years, given her interests and experience on this subject. She is right: public confidence can be improved by our being open and transparent about the decisions being taken. I can tell her that there are systems in place to ensure transparency around many of the issues that she mentions, but there is often a concern that they are not working as well as they could. As a first step, the Government have to ensure that they work better, including information being published on time but in a way that is easy to access and easy to understand. The ethics and integrity commission could look at this issue.
My Lords, practice matters as well as principles and regulations here. In terms of ministerial practice, will the new Government try their best to ensure that Ministers stay in office for at least two years each, rather than using constant ministerial reshuffles as a matter of party management? Can we also ensure that Ministers show us that government is not constant campaigning? There should be occasional weeks when neither the Prime Minister nor any other Ministers are shown in the press in fluorescent jackets running around offices rather than providing good government for the country?
My Lords, the entire Front Bench endorses the noble Lord’s comment and wants to stay in office. One problem of publishing information on a quarterly basis is that, in the last few years, by the time we got to the end of a quarter the Minister had gone and someone else was in place. There is a serious issue about continuity in office. As for fluorescent jackets, with a Government who are committed to infrastructure improvements in this country we may see some fluorescent jackets being worn, but the noble Lord makes an important point. Governance is a serious issue. We have seen that, because of election campaigning, political decisions that would be difficult for any Government, such as the issue of prisons that we have had to consider, have been delayed when they should have been taken in the interests of the country. I give the noble Lord a categorical assurance that we will act in the interests of the country, will not put off decisions because they are difficult but will take them when we have to, and will report back to your Lordships’ House.