(6 days, 11 hours ago)
Lords ChamberMy Lords, the problem with this Statement is that it does not address the central question of why the Prime Minister chose a twice-disgraced man, a known associate of a convicted criminal and one of the most repellent paedophiles we have ever known, to be His Majesty’s ambassador to Washington—removing an outstanding career diplomat to make way for a liar and a charlatan.
None of the extensive if rather vague measures set out in this Statement would have had any impact on what happened. The Prime Minister knew of Mandelson’s track record and that Mandelson was still in touch with Epstein, yet he promoted Mandelson. This was a massive misjudgment, as I know the noble Baroness opposite agrees, which has brought disrepute not on this House, as the Statement claimed, but on Mandelson and those who appointed him. It has also deeply embarrassed our country.
The Statement talks about a duty of candour. Can the noble Baroness the Leader of the House tell us what has happened to the public accountability Bill? When will it be brought to your Lordships’ House? In relation to candour, I draw attention to two words in the resignation statement of Morgan McSweeney. The words I refer to are, “when asked”. The resignation statement said:
“When asked, I advised the prime minister to make that appointment”.
Mr McSweeney did not write those words by accident. Who asked him about Mandelson? Was it Mr Jonathan Powell or was it the Prime Minister? Who was it? At Questions today, the noble Baroness, Lady Chapman of Darlington, said that she did not know. Can the noble Baroness tell us? If she does not know now, will she undertake to find out and let the House know?
The Statement and much of the accompanying spin threw out a lot of blame and a lot of political chaff. We have had blame cast on the vetting system. I believe that is a disservice to the highly dedicated professionals involved, but who made the appointment? If the Prime Minister did not have enough vetting information, heaven knows, he is the Prime Minister—he of all people could have asked the security services for more. The noble Baroness, Lady Chapman of Darlington, told the House at Questions that Mandelson was announced as ambassador before the vetting process was completed. Why was that? Was it not considered important?
There is talk in the Statement of more rules on standards. We all want the highest standards in public life but, had the standards that already exist been respected and enforced, we would not find ourselves in this position at all. The problem before us is not absence of rules but absence of judgment. No amount of new bureaucratic architecture can compensate for such a basic failure.
There is talk in the Statement of a
“lack of clarity about the use of non-corporate communication channels”.
I think that is jargon for WhatsApp. My goodness, what would Mr Streeting and the other eager contenders for the Labour leadership do without WhatsApp? Of course, we all agree with Mr Streeting that the Government have
“No growth strategy at all”,
but the Cabinet Office published detailed guidance on these matters in 2023. Was it not being followed by those involved? Can the Minister tell us in what specific respects this guidance in relation to the use of WhatsApp is unclear? What steps are being taken to avoid the intentional deletion and auto-deletion of electronic communications by any special adviser or person involved in these matters? Has guidance been sent to departments?
There is talk of banning second jobs. My personal view is that a politics made up only of professional politicians would be a politics deprived of many insights. Can the noble Baroness the Leader of the House give the firmest possible assurance that there will be no extension of that to this House, which relies so much on outside experience?
The Statement says that the Government will ask your Lordships’ Conduct Committee to reinvestigate rules around the conduct of Peers. With respect, that is a matter for this House and not for the Government. The Conduct Committee carried out a major review of the Code of Conduct earlier this Session, under the expert chairmanship of the noble Baroness, Lady Manningham-Buller. It reached carefully considered conclusions, published barely more than a year ago. I understand that the noble Baroness the Leader of the House has written to the committee seeking further consideration. No one can object to any code being kept under review; that is what we do and have done in this House over the years. However, I hope that the noble Baroness the Leader of the House will assure this House that there will be no pressure from the Government on the committee as it considers her letter, simply on the basis that the Prime Minister wants to close a stable door that he should never have opened in the first place.
We welcome that the Statement reiterates that the ISC will be able to review all documents relevant to this scandal, but can the noble Baroness respond to a question asked last week by my noble friend Lady Finn about the powers inherent in the Justice and Security Act 2013 and the potential influence of the Cabinet Office? What steps are being taken to avoid conflicts of interest or undue pressure in the light of the ISC secretariat being staffed by the Cabinet Office?
The Statement says that the Prime Minister has asked the Cabinet Secretary to liaise with the committee about the documents. Can the noble Baroness confirm the astounding reports today that the Cabinet Secretary is now potentially being removed and may perhaps be a further scapegoat in this sorry affair? Is it true that he is leaving or not?
If there is to be legislation about titles, as is alluded to and which we can certainly, positively, all consider in this House, will the noble Baroness give a clear assurance that there will be full and open consultation across party lines before any legislation is published?
Certainly, it will be a welcome thing if the likes of Mandelson are rooted out of public life, even if at the third time of asking. However, I submit that we should not be stampeded into ill thought-through measures that may trench on the freedoms and privileges of Parliament. Does the noble Baroness agree that the answer is not necessarily to rebuild the system in haste after each failure but to exercise proper judgment at the point of appointment? That is what went wrong in this sorry affair.
My 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?
(7 months, 1 week ago)
Lords ChamberThat was exactly my point, and the noble Baroness has reiterated it.
If I may also correct the noble Lord, I pointed out that the consequence of this would be a reduction in the number of Ministers in the Lords, which would be extremely bad for this House.
That was also incorrect; it need not necessarily do that at all. I must say that I was surprised when I heard the strictures from the Liberal Democrat Benches—“We cannot support this because this is a very narrow Bill”. Were those not the Benches that pressed two Divisions on the Bill to redesign the House on a democratic basis? They have the gall to now come forward and say that your Lordships should not ask that our Ministers be paid. The intervention was even more startling having heard the explanation from the Liberal Democrat Benches.
The intervention from the noble Lord, Lord Hunt of Kings Heath, who is universally respected in this House, was germane, and I thank him too. I had not realised that he was also on the list of unpaid Ministers, which would have been 10 up until a few weeks ago. The noble Lord, Lord Pannick, immediately and skilfully picked up the key point that he made. He said that there is never going to be a Bill that comes along to deal with this. Frankly, as I said, we have had the Employment Rights Bill—
My Lords, the amendment includes a separation.
Do we have such a low view of the public that we think they cannot tell one person from another? In a previous debate, the Attorney-General offered the argument that it was so confusing. Does he think that the public could not tell an Attorney-General from a major-general? Are they so confused?
A constant argument of the Conservatives against any changes to our electoral system has been that the public would be unable to understand a voting system in which one put “1”, “2”, “3” and “4”, rather than simply “X”. If that is the Conservative view of the public in relation to voting, I think the noble Lord would find it hard to argue that, without much more complicated citizenship education, the public would be expected to understand the distinctions he is making.
I am again startled, as always, by an intervention from those Benches. The noble Lord may remember that we had a referendum on proportional representation; the public well understood the proposition being put to them and they rejected it. For the noble Lord to say that the public would not understand this, he is digging a bigger hole for himself. As for the Lib Dems, I love the Lib Dems. One of the most beautiful things about Britain is its eccentricities, and we love the Lib Dems’ charming eccentricities. All we ask is that they are always charming—which is not always the case, although they have been today.
Let me return to the case in point. My noble friend Lord Blencathra skewered it when he pointed out, very fairly and properly, that this matter was put to the Burns committee. It is in tenor with the way the House is going in trying to find ways not to swell our ranks artificially. It is therefore an extraordinary idea—we have heard it already—that the Government support something but cannot support it today, and yet they might support it sometime in future. That is a nonsensical argument, as is the argument that the public might be confused.
I remind the House that this is not an unheard-of thought; many people have argued for it over a period of years. It would be a useful addition to the honours system. It would prevent the House being burdened and embarrassed by those who, frankly, do not want to come here but who deserve a high honour. I beg leave to test the opinion of the House.
(11 months ago)
Lords ChamberMy Lords, beneath the wide-ranging and sometimes unfocused discussion we have had on these amendments, there is a degree of limited consensus that we should build on. The amendment of the noble Lord, Lord Cromwell, shows us the way we should go. I hope that between Committee and Report, we will have a number of discussions, off the Floor, about where we go from here that will build on that limited consensus. I hope that the Government will consider accepting a limited number of amendments, which would show us the direction in which we go further, as well as committing to make some clear statements about how they would see further developments.
On the questions of attendance, participation and retirement, I agree strongly with my noble friend Lord Newby that some of this can be done through Standing Orders and agreements of the House and does not require legislation. That is part of the way that we may go forward.
I suggest that we all know pretty well what we mean by a minimum level of attendance and participation, and can name quietly, but we will not, some of the people who fail to fulfil it. I recall some years ago being invited to an office in the City of London to brief the CEO of a rather major operation on how to make a maiden speech. He had been a Member of the House for almost a year and I do not think that he had attended more than two or three times. He did not understand the House and he felt that he ought to make a maiden speech. That is clearly below the level of attendance and commitment.
This is a Parliament in which we are supposed to parley with each other—to exchange ideas, to listen and to learn. I have learned a lot through taking part in Bill Committees. I look at the noble Lord, Lord Vaux of Harrowden, and I remember the Procurement Bill, which we worked through in the previous Session. It was not my area of expertise, but I learned a great deal from him and from a number of other participants. We are here to examine in detail proposals that the Government make and to discuss difficult issues that the Government sometimes do not want to grapple with. That requires a minimum level of attendance and interaction between us. That is part of what we are here for.
Having said that, I hope that we will now be able in the rest of this evening to get through several more amendments, much more rapidly. I hope that the Government will think about what assurances they need to give us in order that we can make greater speed on Report. We should never forget that how this House is seen from the outside is something that we all need to be conscious of. The size of our House and those who come in for just 20 minutes and go out again are an embarrassment, and are picked up by the media. Honours and obligations need to be balanced. A later amendment suggests that we should be moving towards separating honours from the obligation to attend and participate, but these are all questions for the longer term. Dividing what we think this Bill can achieve from what we need to commit ourselves to discuss for the future is part of what we need to discuss between Committee and Report. I hope that this amendment will be withdrawn, but we should bear in mind that the noble Lord, Lord Cromwell, is offering us a very useful way forward.
My Lords, I am grateful to all those who have spoken—sorry, I am forgetting that I am not a Minister anymore; that is what the noble Baroness says. This debate has generally conformed to the good-natured debates that we have been having. I am very grateful to the Front Bench opposite and to others that that has been the case.
If I may say so, I was disappointed by the intervention by the noble Lord, Lord Grocott, which slightly changed the atmosphere for a time. The noble Lord and I were good comrades, he will recall, in the Brexit years, when he and I were among the very few people in the House who thought that we should do what the British people had voted for. There were times then when I felt, and I am sure he felt very often, that the House did not really want to hear from us again on the subject. I beg him to understand that we are facing a situation where many of our colleagues are threatened with leaving this House, and it does not help if they are told that they should not be heard from again. We will never be able to hear from them again. I have to say that the noble Lord has never been known not to repeat arguments on the House of Lords that he has put before—I have heard them many times. I shall break the rules of the House and say, “Come on, Bruce, let’s put our smiles on again”.
This has been a good debate. Again, many noble Lords have said, quite correctly—the noble Lord, Lord Wallace of Saltaire, made this point in a measured and sensible way—that it is important that we should understand the direction the Government are going in, and it is perfectly legitimate that House of Lords, faced with a Bill to reform and change the House of Lords, should express views about the future of the House of Lords. Let us recall that this question of participation is not a subject that has been dreamt up by some deviant Back-Bencher to put before your Lordships’ House; it was put before us in the Labour manifesto, so of course we should look at it.
When I hear these debates, it seems there is a widespread feeling in our House that there is a strong case in equity, and in the interests of the whole House, for finding some way towards a transition that allows many of the best of us who are threatened with expulsion to remain. I also believe there is an equally widespread feeling across the House that we should not continue to protect those who never come here, while working to throw out people who do contribute.
The question on participation is, how do we define it? It goes far further than attendance, and this debate has illustrated that. The Government surely must have had a view on this when they put the Bill in the manifesto, but there are many ways in which we can measure participation, and these have been brought out in the debate. I could cite those who serve as Government and Opposition spokesmen, Deputy Speakers or indeed Convenors of the Cross Benches—they are vital to the operation and functioning of your Lordships’ House. Hereditary Peers currently make up 27% of our Opposition Front Bench, 21% of Deputy Speakers and 100% of the Convenors of your Lordships’ Cross Benches. I say these things because I believe that noble Lords who are already with us—all of us, not just the hereditary Peers—should be judged, if we are to be judged at all, on our participation and contribution to your Lordships’ House, and not on any of our identities or characteristics.
I acknowledge how difficult it is, potentially, to define participation, and this has come out in the debate. There are many ways that noble Lords contribute to the House, and my noble friend Lord Blencathra, in his repeated brilliant speeches, keeps bringing up so many of them. Noble Lords can make legislation, propose amendments to Bills, participate in Divisions, ask Oral and Written Questions, contribute to committees, participate in debates, serve as Opposition spokesmen and even take part in international work, as my noble friend pointed out. They can also make use of their expertise and experience—as have several noble Lords who have spoken in this debate—to contribute in myriad ways to the work of this House and the progress of our nation behind the scenes. The noble Earl, Lord Erroll, and my noble friend Lord Attlee spoke to those points eloquently. One Peer, who was recently attacked in the media for not speaking enough, has been a diligent, active and hugely valued member of your Lordships’ committees for decades.
My noble friend Lord Lucas focused on a broad definition of committee work in his Amendment 40. This is extended to participation in all Bill stages, Questions and Statements by my noble friend Lord Hailsham’s Amendment 42, but as I and this debate have illustrated, the participation net could be cast even wider. My noble friend Lord Blencathra suggested a practical solution in his Amendment 26, which sets out some initial suggestions but would otherwise allow for a participation requirement to be determined flexibly through Standing Orders and a committee of the House.
I will come to the amendment from the noble Lord, Lord Cromwell, in a moment, but the more we can do in this House—this is no disrespect to the Minister; I would have said it of my own Government—and the less we can leave to Secretaries of State in the House of Commons, the happier I will be. There is great wisdom in this House, and the more we can reach solutions here through the kind of consultations the Minister is initiating, the better.
In his Amendment 63, the noble Lord, Lord Cromwell, has not sought to pre-empt the definition of “participation” or, in fact, the level at which it would be required. But he proposed a structure to make and implement decisions that would need to be made. Given the broad range of views that we have discussed today and our need to reach consensus, while avoiding any unintended consequences, I—like the noble Lord, Lord Wallace of Saltaire—consider the content of the suggestion of the noble Lord, Lord Cromwell, to be a sensible basis for progress. However, I repeat that I agree with the noble Lord, Lord Newby, and my noble friend Lord Blencathra that it would best to keep the House of Commons out of it as far as we can.
(11 months, 1 week ago)
Lords ChamberWell, let us agree to differ on that.
The Gordon Brown proposals are out there, and there are a range of other matters that we could begin to pull together very quickly; we do not need to start again. I find the reference to the Council of the Nations and Regions interesting. In two or three weeks I have a Question on how precisely the new Council of the Nations and Regions will fit in to our constitutional arrangements, because I am not at all sure that I or the Government yet understand how it will fit in.
We need to level up the way our politics are done. I have spent most of my political life in Yorkshire. We now have a situation in which Scotland, Wales and Northern Ireland have some voice in London, but the English regions and the English principal councils do not. I am not entirely sure that mayors elected on perhaps 29% or 30% of the vote on a 25% turnout will have that much legitimacy to represent their areas to the central Government. The question of how far the second Chamber should be constituted so as to strengthen the representation of areas outside London in the centralised governance of this country is very important, so we need to move on to that.
We shall say from these Benches to the Government Front Bench, several times, that before we clear this Bill we need some assurance as to where we go from here and when we might start to move from here. This is an interesting, slightly idiosyncratic set of proposals, but one could perhaps throw it into the mix.