Elections Bill

Debate between Lord Cormack and Earl Howe

Lords Hansard - Part 1 & Committee stage
Monday 28th March 2022 Lords Chamber

[Earl Howe (Con)]

When Parliament is prorogued for a general election, MPs cease to be Members of Parliament. They therefore become ordinary voters, if I can put it that way.

In our democracy, everyone should have a voice, but the Government’s view is that Peers who are Members of this House have that by virtue of their participation in this Chamber. That principle has been upheld for more than 300 years, including by the courts. It has not altered over successive Governments: in fact, in the debate on his Private Member’s Bill nearly three years ago, my noble friend Lord Young reminded the House that, as recently as 1999, Section 3 of the House of Lords Act explicitly enfranchised hereditary Peers who are not Members of this House and disfranchised Peers who are.

The noble Baroness, Lady Quin, asked whether Peers who have retired from this House have the right to vote. My understanding is that they do, because they ceased to be parliamentary Peers at that point.

The noble Lord, Lord Redesdale, asked about the cost of taking parliamentary Peers off the register. I doubt that that cost has been computed by anybody—of course, there must be a cost—but it is a very considerable privilege that we as Peers have, and I for one would argue that it is not unreasonable for that privilege to carry a public cost.

[Lord Cormack (Con)]

Of course, we are on the register and can vote in every other election, including local government elections, referenda—the lot.

[Earl Howe (Con)]

I think the point made by the noble Lord, Lord Redesdale, was that a distinction must be made on the register between different types of election, and that that carries a cost; he can correct me if I am wrong in assuming that.

This House is a respected voice that adds depth and, I hope, wisdom to our legislative process. It allows us, as its Members, full participation in the life of the nation. The Government therefore have considerable reservations about this proposed new clause, and I ask the noble Lord, Lord Dubs, to withdraw his amendment.

[Lord Dubs (Lab)]

My Lords, I never thought that so many different sorts of opinions would come out of the woodwork. It has been absolutely fascinating. The arguments have been somewhat different from the last two or three times we debated this issue. I just want to comment on them briefly.

As regards the voting list—this is a technical point—my understand is that there is no obvious way in which when we register we can declare that we are Members of this House. Somehow, in some local authorities, the polling clerks are aware of it but, in others, they are not. I am always mystified by that; it is not clear. I have known of people who have not been debarred from voting and could have gone to vote—they did not do so but they could have—simply because it was not obvious to the polling clerks that they were Members of this House.

On my noble friend Lady Quin’s comment about Members of Parliament, again, it is purely a technicality that they cease to be Members of Parliament during the period of an election campaign. Nobody knows about it except for a few nerds like us—sorry, nerds like me. It just means that they are technically not MPs. However, for all practical purposes, of course they are; they still get representations made to them, constituency casework and so on. Even during the election campaign, they cannot just say, “No, I’m not prepared to do it.”

Health and Care Bill

Debate between Lord Cormack and Earl Howe

Committee stage
Friday 4th February 2022 Lords Chamber

[Lord Cormack (Con)]

My Lords, I apologise for missing the first minute—but it was only the first minute—of the splendid speech of the noble Lord, Lord Hunt. I am delighted to add my support to his initiative, most splendidly supported by my noble friend Lord Ribeiro. We entered this House on the very same day and it was very good to hear what he had to say. Of course, the noble Baronesses, Lady Northover and Lady Finlay, and the noble Lord, Lord Alton, all have an impeccable record on these matters.

[Earl Howe (Con)]

I hope that my noble friend will forgive me but, as he was not here at the beginning of the debate, strictly speaking it is not permitted for him to speak. If he could make his remarks brief, I am sure that would be appropriate; I do not want to stop him mid-flow.

[Lord Cormack (Con)]

Well, I certainly was going to make my remarks brief, and I am sorry that I was detained for one minute. I just want to give my wholehearted support to these amendments. There is no more despicable trade than the trade in human organs and no more despicable practices than those that are going on in China at the moment, simultaneously with the opening of the shameful Games. I very much hope that my noble friend, who so politely interrupted me, will be able to give us a very supportive statement when he comes to wind up this debate.

Referendums

Debate between Lord Cormack and Earl Howe

Wednesday 12th February 2020 Lords Chamber

[Earl Howe]

My Lords, I recognise the noble Lord’s consistent interest in this topic. However, Parliament would need to go down that kind of road with a good deal of care. This country has no history of applying thresholds to the making of laws, for example, or the electing of our representatives. Both those things require a simple majority. To start applying special thresholds for referendums would require special and clear justification.

[Lord Cormack (Con)]

My Lords, is my noble friend aware that, on 24 April, I will be producing a Bill for the House to discuss the very issues raised by the noble Lord, Lord Soley? Will my noble friend commit to approaching that debate with an open mind, bearing in mind that referendums are incompatible with representative parliamentary democracy?

[Earl Howe]

My Lords, I look to debating my noble friend’s Bill when it comes before us for Second Reading. I think it would be premature for me to set out the Government’s position on the Bill today. We will do so, as we do with all Private Members’ Bills, at the Second Reading, but I can assure my noble friend that we shall approach it with an open mind.

Constitution, Democracy and Rights Commission: Civil Society

Debate between Lord Cormack and Earl Howe

Tuesday 14th January 2020 Lords Chamber

[Earl Howe]

My Lords, if the aim of establishing a commission is to restore trust in our institutions and democracy, as is the case here, it is axiomatic that the commission will need to command public confidence through both its membership and the way it operates. The Government are wholly mindful of that.

[Lord Cormack (Con)]

My Lords, I thank my noble friend for the way he has answered these questions. Can he reflect on the fact that we recently elected a citizens’ assembly? It is called the House of Commons.

[Earl Howe]

My noble friend makes an extremely pertinent point.