Leader of the House of Lords

Baroness Scotland of Asthal Excerpts

Monday 28th July 2014 Lords Chamber

[Baroness Scotland of Asthal (Lab)]

My Lords, I intend to be brief. There are two salient things that have come out of this debate. The first is that the House is united in its approval of the noble Baroness and her appointment, united in its esteem for the noble Baroness as our Leader. The second is that on all Benches there is clear agreement that that which has now transpired in relation to the noble Baroness’s appointment was wrong, was a mistake and should be changed with immediate effect. Every single Member who has spoken agrees, in essence, with the Motion of the noble Baroness, Lady Boothroyd, that we approve of the noble Baroness but also want to send a very clear message to the Prime Minister that that which he has done has not been well done. Whether it was a mistake or no, it has caused concern, offence and anxiety about our constitution across the House. If there needs to be a message, it needs to come from the whole House that this is not a party-political issue but a constitutional issue which this House will not be silent about and must now speak about.

Those of us who have had the privilege of attending Cabinet understand absolutely the difference between being a full member and merely an attending participant. No matter how great the noble Baroness’s talents—and they are considerable indeed—they will not be capable of being overcome in such a way as to represent this House as every single Leader of our House has had to do. We know, and we have spoken a little about it tonight, how difficult it is sometimes to get the other place to understand the reality of getting business through this House. The Leader will have to challenge the Government because that is what every single Leader of this place has always had to do. So, in commending the noble Baroness for her courage, for her acuity and for her skill, we need to say to the Prime Minister that up with this we will not put.

It is not because he is a Conservative Prime Minister. If any Prime Minister had had the temerity to do that which this Prime Minister has done, we would have given him the same message—or her, because this is not an issue about gender. I hope that when this House comes to speak, we will speak with one voice.

If I may, I say to the noble Baroness our Leader that she should remember always that we are with her and that when she speaks, she will speak with the force of all of us behind her—but that her leadership role differs from any other role in that Cabinet. We are of the view that we need to have a Leader who is a full member of Cabinet, so that when she speaks, the Prime Minister and the other Cabinet Ministers will have to listen.

[Lord Mackay of Clashfern (Con)]

My Lords, I entirely agree with almost all that the noble and learned Baroness, Lady Scotland, has just said. It would be most unfortunate if we were not to deliver a unanimous view on this matter. The only difficulty I have with the precise terms of the Motion moved by the noble Baroness, Lady Boothroyd, is that, as the noble Lord, Lord Butler of Brockwell, has pointed out, the options for the Prime Minister might take a little time. Therefore, if she was prepared to say “as soon as possible” as the conclusion, I think all of us could wholeheartedly agree with her.

Leader of the House: Cabinet Membership

Baroness Scotland of Asthal Excerpts

Wednesday 16th July 2014 Lords Chamber

[Lord Dholakia (LD)]

My Lords—

[Baroness Scotland of Asthal (Lab)]

My Lords—

[Baroness Stowell of Beeston]

I believe that we have not heard from the Lib Dem Benches.

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[Baroness Stowell of Beeston]

I can assure my noble friend that all options have been carefully explored. The decision the Prime Minister has made is the right one given the constraints under which he has to operate. I share his view on that matter.

[Baroness Scotland of Asthal]

My Lords, can the noble Baroness accept from all of us that she has our wholehearted support? However, can she not understand that this is a matter of constitutional importance? When she stands at the Dispatch Box she represents the whole of this House. When she says, on behalf of the Prime Minister, that she understands his position, will she not accept that no one else in this House does? Will she convey to him, in the strongest possible way, that it is this House’s view that he has committed what amounts to a constitutional outrage that this House does not accept?

[Baroness Stowell of Beeston]

I believe that, in making his appointments yesterday, the Prime Minister ensured that we have a Government well equipped to serve the people of this country. I have made the point about the status of the Leader of this House. Clearly, I understand the very strong views that have been expressed during the supplementary questions to this Question. However, for my part, I want to focus on how I do my job and what I do.

Nelson Mandela

Baroness Scotland of Asthal Excerpts

Monday 9th December 2013 Lords Chamber

[Baroness Scotland of Asthal (Lab)]

My Lords, I thank the House for tolerating one last speech. As a child of the 1960s, I was much influenced by the events in South Africa, events that struck me at such a tender age as being pivotal to my upbringing. Apartheid robbed people, both black and white, of their humanity, because it damaged the souls of those who inflicted it on others as much as it damaged those men and women who suffered from it. It was extraordinary that although many people feared that South Africa would be robbed of its humanity for all time, apartheid did not rob Nelson Mandela—Madiba—of his humanity. Throughout all the stress, the strain and the pressure of those years, he remained quintessentially human, kind and loving.

That love spread right across the world and allowed young people like me to think that it was possible to join the legal profession, possible to become part of the rule of law and possible to facilitate change. That change was fundamental not only to South Africa but to our country, the United Kingdom. How many people in the 1960s would have thought that one day we would have a black, female Attorney-General? But we did, because our humanity has changed and Nelson Mandela helped us to make that change.

We have also benefited from the jurists who came from South Africa to help us here, not just my noble friend Lord Joffe, but also the noble and learned Lords, Lord Scott of Foscote and Lord Steyn, whom I see on the Bench. Those eminent South African jurists ran from South Africa and from apartheid, but they enriched our humanity by enriching our jurisprudence. I give thanks to South Africa for them, and I give thanks for the life of Nelson Mandela. To those who loved him he was Madiba, and all those who knew him were among that number.

One of the most special things about him was that he did not differentiate between men and women, and from my experience he loved women very much. I am not at all surprised that he showed the good judgment to surround himself with women at all times, to give him counsel, to add to his wisdom, to enrich his life and to make sure that he kept on the straight and narrow path. I join my voice with all those who say that we not only greatly enjoyed his presence but deeply loved and appreciated what he did for his country and what he did for each of us.

Public Confidence in the Media and the Police

Baroness Scotland of Asthal Excerpts

Wednesday 20th July 2011 Lords Chamber

[Lord Lloyd of Berwick]

My Lords—

[Baroness Scotland of Asthal]

My Lords—

[Noble Lords]

Scotland!

[Baroness Scotland of Asthal]

My Lords, I commend what the noble Lord the Leader of the House has said in relation to the willingness to look at the revision to the law that may be necessary in the short term. Does he agree that it is very important for this House and the other place to do what we can immediately to cure the flaws that this bid has now given voice to? If the negative resolution procedure is available to us and we could, over the summer, plug the gap and fill it by September, should we not seize that opportunity? Making provision to prevent anyone taking adventitious advantage of a misrepresentation, bad faith or a mistake is essential; having the public interest at the forefront is also critical and we should move swiftly together to fill that gap without any further delay.

[Lord Strathclyde]

My Lords, we are very happy to work closely with the noble and learned Baroness and others in her party to plug that gap if we can identify it.

Phone Hacking

Baroness Scotland of Asthal Excerpts

Wednesday 13th July 2011 Lords Chamber

[Lord Strathclyde]

My Lords, I readily agree with what my noble friend has said.

[Baroness Scotland of Asthal]

My Lords, I applaud the consensus that has been arrived at both in this House and in the other place. Does the Leader of the House agree that the importance of the appointment of Lord Justice Leveson is that not only will he be looking at the subject matter of the current criminal investigations but he will also have an opportunity to look at other newspapers which may also be behaving improperly? The importance of his appointment is that if anyone—in News Corp or any other newspaper—seeks to destroy, alter or otherwise deal with the information, they will be committing a criminal offence.

Secondly, does the noble Lord also agree that the fact that it would appear that the noble Baroness, Lady Buscombe, who heads the commission, was misled either by omission or commission is a very serious matter and it very much enhances the seriousness with which this House and the other place have now to treat the issues complained about?

[Lord Strathclyde]

My Lords, I join the noble and learned Baroness in applauding consensus on this matter and many others. If we have come up with the right decision and an inquiry that everyone can support that must be the right way to go. One of the good things that has come out this afternoon is how everybody has welcomed the appointment of Lord Justice Leveson.

The terms of reference are widely drawn—they will look at the culture, practice and ethics of all the press; their relationship with the police; the failure of the current system of regulation; the contacts made between national newspapers and politicians, and so on. That must include newspaper groups other than News International.

As far as the second point the noble and learned Baroness made about the PCC, everyone can see that the current system has failed and broken down. The inquiry will rightly wish to look at why that happened—what the causes were, perhaps over a very long time—and what measures are needed to put it right.

Parliamentary Voting System and Constituencies Bill

Baroness Scotland of Asthal Excerpts

Monday 15th November 2010 Lords Chamber

[Lord Falconer of Thoroton]

First of all, we gave a copy of the opinion to the noble Baroness, Lady D’Souza, and to the other side, and we placed it in the Library of the House on Friday. I apologise, but I did say that in my opening remarks. I completely agree with the noble and learned Baroness—she is obviously right. However, we have made the opinion available to everyone. If the noble and learned Baroness would like to go to the Library and read it, and quickly come back to vote in my favour, I would be very grateful.

[Baroness Scotland of Asthal]

My Lords, having had the privilege of being in this House for 13 years, I say that this debate is one in which this House, most unusually, should not feel one jot of pride. I have listened with great care to what has been said. I have to say to the Leader, who knows the affection in which I hold him, that this is not his finest hour. I say that because we are faced with a subject of some importance. I have listened to the laughter and watched Members with a deal of disappointment because this subject is not very funny. It is serious, it is important, and it needs and deserves your Lordships’ serious consideration.

I wish to take particular issue with the point raised by the Leader, who made reference to our debate last week on the Public Bodies Bill. That was not a party political debate. The noble Lord will remember that it was, in many ways, led by the former Lord Chief Justice, the noble and learned Lord, Lord Woolf, and every former law officer who spoke did so with one voice.

Let us be frank. This is a real issue that we are asking the House to consider, and it is easy to dismiss what lawyers say as “mere technicality” and say that people are trying to take advantage of points for political reasons. However, there is a reason why they say, “Shoot the lawyers first”; it is because they are the ones who tend to tell people what they do not want to hear. But if not them, who? And if not now, when should we have this debate on hybridity?

The House knows that hybridity can be raised at any stage in the other place and here. This House has rightly received a great deal of praise for the sobriety and the reasoned way in which we conduct ourselves; listening courteously to each other and responding in a way that is right. Is there a real issue of hybridity here? Yes, there is. What is hybridity? In essence, it is about fairness. Should different groups and different individuals be treated differently? That is what hybridity does. We are asking for the House to consider whether the low threshold that everyone has spoken about has been crossed.

When we talk about our constitution, speed may not work to our long-term advantage. Therefore, it is important for us to think soberly. Every Bill that we have spoken of in relation to constitutional importance has had a White Paper, and often a Green Paper, a draft Bill and consideration. This Bill comes to us fresh, new, young and unseasoned, without an opportunity for mature and quiet contemplation. We do have an opportunity to do that. It is a simple question: does the House think that this matter should be delayed by a few days to enable the Examiners to decide the matter one way or the other?

[Lord Strathclyde]

The noble and learned Baroness is the shadow Attorney-General. She cannot say that this is a fresh, new Bill. Her party and her shadow Cabinet have been studying it since June. Why have they taken until now to raise what she calls extremely important issues?

[Baroness Scotland of Asthal]

My Lords, the reason I described the Bill as fresh and new is that with every other constitutional Bill that we have had—the noble Lord knows this—we have had the advantage of a White Paper. We have talked about draft Bills. Pre-legislative scrutiny is something that many noble Lords who sit opposite have spoken about. I do not want to go on any further—the short issue for us is this—

[Lord Tyler]

My Lords—

[Baroness Scotland of Asthal]

I will finish and give way in a moment, if I may. The short issue for the House is whether or not we think enough has been raised for this matter to be put to the Examiners.

[Lord Tyler]

My Lords, the noble and learned Baroness will recall that she was a member of the Government who brought before your Lordships' House the Constitutional Reform and Governance Bill, which included provisions for the alternative vote but was not given any pre-legislative scrutiny and was not the subject of anything like the discussion that has taken place recently in the other place.

--- Later in debate ---

[Baroness Scotland of Asthal]

My Lords, noble Lords will also know what happened to that Bill. There is still time for discussion: we will be discussing the new Bill now. I say very clearly that this is not merely a political instrument being used for pernicious purposes, which is what has been suggested and what has made me feel very disappointed in noble Lords opposite.

[Lord Howarth of Newport]

My Lords, does my noble and learned friend agree that the Bill comes to us not only fresh but substantially unexamined in the other place? Very important elements—Clauses 3 to 6 and Clause 11—were entirely unexamined in Committee and on Report. Is it not incumbent on this House to make absolutely certain that we follow the correct procedure to ensure that this extremely important constitutional legislation is examined in the appropriate manner?

[Baroness Scotland of Asthal]

My Lords, of course I agree.

[Lord Martin of Springburn]

My Lords, perhaps I may speak briefly. The reason that this Bill should go to the Examiners is that we have heard one former Lord Chancellor say one thing and another former Lord Chancellor say another. We have heard advice from eminent QCs. When I was Speaker, I got advice from eminent QCs and sometimes it was not too good. Quotations have been made about previous Speakers giving rulings on hybridity. However, a Speaker would most certainly have taken advice from his Clerks, and Speaker’s counsel would also have been present. Therefore, a procedural expert and legal expert would have been present before the Speaker went to the House.

I do not really want to get into arguments about special cases around the country, although I support the case for the Orkneys, the Shetlands and the Western Isles being special. Anyone who knows Members of Parliament who have represented those constituencies—as some here previously did, the law officer being one of them—will know that sometimes the distance that MPs have to travel in doing their duty is such that they have to stay overnight in Glasgow before going on to their constituencies. This is not just an argument about people being allowed to vote; we are going beyond that—the electorate should also have access to their Members of Parliament. There are other constituencies with difficulties similar to those of the Western Isles and the Orkneys. I know the geography of Scotland but this is not just about Scotland. I also understand the argument that has been put forward about the Isle of Wight and I sympathise with that case. However, it is also true that, on leaving Glasgow airport, I could be in my constituency within half an hour, whereas the MP for Argyll and Bute would take a two-hour journey to get to his constituency. Getting to the famous island of Islay would involve taking a ferry, which would also take hours, and two ferries are required to get to Mull and Iona.

Although I did not intend to do so, I am beginning to put cases for special consideration because there are very difficult circumstances in which MPs have to operate because of the location of their constituencies. It would do no harm for the Examiners to look at the matter. I remember that when I was a lay magistrate, I was told not to worry about an appeal because it was a safety net. We could get the Examiners to look at this matter and it would be clear for everyone to understand.