Procedure and Privileges Committee: Third Report
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble
Lord Kennedy of Southwark (Lab Co-op)
I fully support the recommendation as a member of the Procedure Committee. In my 14 years in the House, I have heard many wonderful speeches from across the House and one or two that have tested the patience of the House. We all have people on our Benches who have done that, I am afraid. I am very much of the view that if we stick to the rules and procedures, it helps the House. I note the point that colleagues have made about going further. I am sure the committee will keep those things under review because this is something that never stops. Things will change and improve. This is a good report that makes welcome changes, and I fully endorse it.
The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, I am particularly grateful to all noble Lords who have spoken because the committee spent some considerable time reflecting on this. On enforcement, the point that I would make to the noble Lord, Lord Grocott—I think the noble Lord, Lord Foulkes, said it—is that it is for us. If one remembers, there have been brave Peers, not from either Front Bench, who have referred to the Companion. It is a symbol of what we can do in this place to be self-regulating and to have the maturity of self-restraint, so there are good reasons why we should try to help enforce this ourselves for the good order and reputation of the House.
On one detail, I say to the noble Lord, Lord Grocott, that I am very mindful of the Lord Speaker. We would be asking the Lord Speaker to be present at all amending stages in this Chamber. That would simply not be possible, obviously. There are wonderful deputies who would therefore have to have that responsibility as well, and I am not convinced that all of us would necessarily want to be put in that position.
We have evolved as a House. We have done many things, and there have been changes. On the point made by the noble Viscount, Lord Stansgate, of course your Lordships’ committee keeps all these matters under review, because our purpose is to ensure that the House runs as effectively as possible.
Procedure and Privileges Committee
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble
Lord Kennedy of Southwark (Lab Co-op)
My Lords, before we hear the Senior Deputy Speaker’s response, I say that I fully support both reports. The proposals are practical and sensible and aid scrutiny. I have been in the House for more than 13 years. When I first came, we were constantly reminded about sticking to the Companion, and it was good, sensible advice. That seems to have stopped in recent years, perhaps because of the pandemic. I suggest that all of us get a copy of the Companion from the Printed Paper Office. It will make excellent bedtime reading. If we stick to the Companion, it aids scrutiny and our business. Sometimes we all sit here very frustrated when colleagues are not sticking to the Companion and are straying all over the place with waffly speeches, waffly questions and waffly answers. It is not good. Let us all get a copy of the Companion and start using it when we come back.
The Senior Deputy Speaker
My Lords, I am very grateful to all noble Lords who have contributed to the debate. I apologise for jumping in to answer the question asked by the noble Baroness, Lady Hoey, when in the spirit of things I should have waited for all the considerations from noble Lords.
The noble Lord, Lord Cormack, raised something that we brought to the House today, which is length. I am reminded of the late Lord Judge and his words on brevity, the use of language and the way in which we can all make many good points in a short time. I very much agree. Reading too much often breaks the flow and exchange which we undoubtedly want in the conduct of our business so, wherever we can, we should not read too much. I am sorry that I read my script, but I wanted to get it absolutely right.
The noble Baroness, Lady Fox, raised the term “argumentative”. Deploying argument in debate is one thing, obviously, but the committee felt there could sometimes be a Motion or amendment so highly charged, emotive or argumentative in nature that its text should be considered. I am fully expecting her and indeed all noble Lords to engage in what we do very well here: a very considerable scrutiny of public affairs.
In response to the noble Lord, Lord Kennedy of Southwark, I say that I too can remember when very senior people would just wave the Companion at someone —and it did not half steady them up.
The way the House works best is when we let business flow well, we do not overcomplicate, we are brief when we can be, and we make our points well and fully. That is why I am grateful for all these comments. The committee seeks to be pragmatic in bringing these matters to your Lordships. With respect to the new Foreign Secretary, I very much look forward to our exercise of accountability. I acknowledge the Leader’s very speedy letter to me about how, in having one of the great offices of state in this House, we should fulfil our responsibilities with accountability and scrutiny.
Restoration and Renewal Programme Board
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble(1 year, 2 months ago)
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The Senior Deputy Speaker (Lord Gardiner of Kimble)
My Lords, noble Lords’ interventions show how strongly we all feel about this matter and that we do need to make progress. Even the noble Lord, Lord Foulkes, cares about the building, even if he wants a different story to it than many of us do. Personally, I believe we have a responsibility as this generation’s custodians to get on with the task.
One of the reasons why it is really important that we pass this Motion is to get the governance arrangements agreed. I do not think that we can go backwards: the decision of both Houses was that we needed to change the governance arrangements. That is where we need to be today.
I obviously entirely endorse the essential nature of scrutiny, of financial probity and of transparency. That is why it is really important that there are these layers of scrutiny. In the new arrangements, the client team will scrutinise and provide assurance of the delivery authority’s proposed annual estimate. The programme board will review and, if satisfied, recommend the estimate to the R&R client board, which reviews and, if satisfied, approves the estimate for submission to the Parliamentary Works Estimates Commission. That commission must take advice from His Majesty’s Treasury.
In addition—and I think this is helpful to noble Lords on probity—I am delighted that one of the nominations from this House is the noble Lord, Lord Morse, a former Comptroller and Auditor-General of the National Audit Office. I think I can say that he is going to become vice-chair of the programme board, which is extremely helpful. I should also say that the delivery authority has its own accounting officer, internal audit function, and risk assurance and audit committee. This is subject to the external audit of the National Audit Office.
When asked about the supplementary estimates recently, His Majesty’s Treasury described them as “taut and realistic”. Those who are conversant with the Treasury will understand that well. I would be the first to say that it is absolutely essential to have the scrutiny not only of our own Finance Committee but of the two Houses’ audit committees into the activities of the in-house client team, which is the new joint department within their purview.
Bearing in mind what my noble friend Lady Berridge and the noble and learned Baroness, Lady Butler-Sloss, said, it is also important to emphasise the expertise and experience, and the essential nature of what we went through in having 102 applications, from a range of diverse backgrounds, for external members of the programme board. We came forward with three people who were clearly outstanding and will be of immense benefit to the programme board.
What I would also say is that it is very important that we all take responsibility; this is our task and that is why all these decisions—picking up the point made by the noble Lord, Lord Blunkett—will come back to the House. For instance, towards the end of this year Members of both Houses will be invited to agree a strategic case for the programme, setting out a shortlist of options for delivery of the works as considered by the programme board and the client board. A final business case will be brought to both Houses one year after the agreement of the strategic case.
I have one last point I should mention because it is very important. The very considerable sum of money that has already been spent has provided us with surveys, which we otherwise would never have had, of the condition of the Palace, design work to inform the future end-state of the Palace and indeed any future temporary accommodation. On investment in digital capabilities—I am afraid I am not very conversant with some of these—I am assured that the development of essential tools such as information modelling is now vital to a building of this complexity and a programme of this scale.
So, in picking up the points made by noble Lords today about a range of matters, I ask the House to recognise that the most important thing is to get this moving and to get us into a better state so that we can fulfil our responsibilities regarding the custodianship of a building that is iconic not only to this country, but to the world—as is apparent to the many noble Lords who travel the world—so we must look after it.
Lord Kennedy of Southwark (Lab Co-op)
The noble Lord has heard the views expressed from around the House. I feel very privileged to come and work in this beautiful building every day and, like the noble Lord, Lord Cormack, I want to see it preserved for future generations, but we have to get a move on with this now. As the noble Lord, Lord Forsyth, said, we need proper financial scrutiny and probity; we cannot spend hundreds of millions of pounds and not see anything happening. That is really important. I fully support the report and I wish the body well, but we have to get our act together and get a move on with this now.
Procedure and Privileges Committee
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble
Lord Kennedy of Southwark (Lab Co-op)
My Lords, very briefly, the position of the Labour Peers here was that this is a decision for individual Members to make, and we will have a free vote. My only message to the group has been, “Please attend today and have your say, and when the House divides, vote. Make your mind up and then we can put this decision behind us.”
My own position is that I support a change to the sitting times. However, the speech by the noble Lord, Lord Forsyth, was absolutely excellent; I did not agree with it but if you want to support the status quo, he set out very clearly the reasons why you should. The noble Baroness, Lady Morgan of Cotes, gave a fantastic speech on why you should support the change. I will certainly be with the noble Baroness, voting for that change.
I have been in this House 12 years. I did not know a lot of Tories before I came here—and I did not know any bishops, that is for sure. I have great respect for many Members opposite, and I have worked with many colleagues on the other side of the House on all sorts of issues. I have got to know them, like them and work with them, and we have made many changes. However, we did not do that over dinner. We did that in the corridors, meeting Ministers outside, talking to people, having meetings in offices and so on. You can do many good things here by doing that—but it was not over dinner, I can assure colleagues of that.
I will leave it there. I will certainly support the Motion to change the sitting times, and I will also support the amendment in the name of the noble Lord, Lord Young. To have a trial would be a very good thing: if it is wrong, we can very quickly change it back.
The Senior Deputy Speaker
My Lords, I was wrestling with a description of our debate. Was it powerful? It was certainly feisty, but it was very strongly held. The point I always take from these typical House of Lords debates is how much we all care about the House, its work and our responsibilities and duties to it. As I said at the outset, my task is to assist the House in coming to a decision. We strongly hold the view that we are a self-regulating House when it comes to procedures, and we are seeing that today. We are seeing a House with differing views coming to decisions on a number of amendments to the substantive Motion, but that is what this House should be doing.
I want to clarify one or two points. On the issue of staff, which was raised with due sensitivity, as I said in my opening remarks, we received input from across the administration and from bicameral services. Views were sought from every office across the administration, as well as the bicameral teams, and were fed into the consideration. Your Lordships’ committee felt that this was ultimately a decision for Members, but we were assured by the Clerk of the Parliaments that staff would continue to deliver high-quality services whether or not sitting times were changed. However, I am mindful of the sensitivities that your Lordships have raised.
Recall of MPs Bill
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble(9 years, 2 months ago)
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Lord Gardiner of Kimble
My Lords, the proposed amendment would alter Clause 21 to remove the power for the Act to be amended through regulations relating to the conduct of the recall petition process. Noble Lords will recall that this recommendation was made by the Delegated Powers and Regulatory Reform Committee in its report on the Bill, and an amendment to that effect was tabled by the noble Baroness, Lady Hayter, in Committee.
The power to amend the Act relates only to making regulations about the conduct of the recall petition process. It was originally included to allow for changes in other areas of electoral legislation, in particular the introduction of individual electoral registration. Now that such reforms have been made, we do not believe such a power is justified in this case.
The Government have since responded to the report of the Delegated Powers and Regulatory Reform Committee, agreeing that such powers should be taken with care and that, in this instance, the power is no longer necessary. The Government have therefore tabled this amendment to remove the power to amend the Act through conduct regulations. I beg to move.
Lord Kennedy of Southwark
My Lords, Amendment 25 removes the words “including this Act” from the Bill. The Delegated Powers and Regulatory Reform Committee thought that these words would permit the infiltration of substantial and significant provisions into the Bill, and we agree. This is the amendment that my noble friend Lady Hayter moved in Committee, and I am delighted that the Government have listened to the Delegated Powers and Regulatory Reform Committee and the Opposition in this respect. We agree with them that this was a step too far. I support the amendment.
Recall of MPs Bill
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble(9 years, 3 months ago)
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Lord Kennedy of Southwark
My Lords, the probing amendment proposed by my noble friend Lord Hughes of Woodside raises the important matter of what is said about an MP in a campaign in connection with a recall petition. Many noble Lords who have spoken in our debates on the Bill have expressed concern that MPs who take up causes that are unpopular and then find themselves subject to a recall petition could find that opponents use campaigns or issues that have nothing to do with the issue in question to try to take advantage of the situation. That raises a very important point for your Lordships’ Committee.
My noble friend Lord Hughes was for many years the chair of the Anti-Apartheid Movement, but not so long ago not everyone was so well disposed towards that organisation and its aims. My noble friend made a point by giving examples of issues in his constituency, and I noted his comments about our reputation in the world with regard to the state of our democracy. He went on to make the particular point that there needs to be fairness in the process so that MPs are not allowed to be judged or abused on the positions they take as part of their job of being an MP and which have nothing to do with the actual issue in question. They should be judged on the subject of the recall petition itself. I hope that the noble Lord will respond carefully to the issues that my noble friend raised.
Lord Gardiner of Kimble
My Lords, I am most grateful to the noble Lord, Lord Hughes, for his amendment, which intends that in the event of any material being written, spoken or broadcast that is unrelated to the wrongdoing which initiated the recall petition and which is detrimental to the MP, the petition will become null and void.
The Government believe that there are three significant concerns as to why this amendment presents difficulties. Indeed the noble Lord, Lord Hughes, referred to the first, which is the principle of free speech—an issue which of course all of us in this House prize very strongly. I do not think that we should, in effect, severely restrict what individuals, including MPs, constituents and the media, may say or write for a period of eight weeks.
My second concern is the appearance that this amendment gives of particular and special treatment for a Member of Parliament. The noble Lord’s amendment states that it is only material unrelated to the wrongdoing and which is detrimental to the MP that will cause the petition to become null and void. That leaves the clear interpretation that there will be no such consequences to publishing material unrelated to the wrongdoing that is beneficial to the Member of Parliament facing recall. Indeed, while I realise the view of my noble friend Lord Forsyth on the Bill, here he is absolutely right. The third concern is that the proposals would make recall unworkable. Indeed, who would determine whether something is detrimental—and is that even possible?
I say by way of example that it would be impossible to conceive of an eight-minute period, let alone an eight-week period, which could pass without even one example of detrimental material being put into the public domain. The noble Lord’s proposals would make it very difficult for any recall petition to reach its conclusion because it would be quite simple for the supporters of a Member of Parliament to put out negative comments just to secure that outcome. I hope that the noble Lord will accept that I entirely understand and accept his good intentions, but, for the reasons I have outlined, I hope he will feel able to withdraw the amendment.
UK Economy: Tourism
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble(9 years, 5 months ago)
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Lord Kennedy of Southwark (Lab)
My Lords, would the noble Lord agree that the growth of the working poor is a matter of great concern? Will he join me in calling on all employers in the tourism industry to commit as soon as possible to paying all employees the living wage?
Lord Gardiner of Kimble
My Lords, the Government are clear that, where the living wage is affordable for a company, we encourage it to pay it.
Living Wage
Debate between Lord Kennedy of Southwark and Lord Gardiner of Kimble(11 years, 5 months ago)
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Lord Kennedy of Southwark
To ask Her Majesty’s Government what progress they are making on implementing the living wage.
Lord Gardiner of Kimble
My Lords, the living wage is a voluntary minimum level of pay above the national minimum wage that companies and other bodies can choose to pay their employees. The Government back the idea of a living wage, and we encourage businesses, where possible, to take it up. However, we have no plans to require employers to pay the living wage.
Lord Kennedy of Southwark
My Lords, work should be the surest way out of poverty. Will the noble Lord join me in congratulating those employers who pay the living wage, as well as the Living Wage Foundation, Mr Ed Miliband and the Mayor of London, Mr Boris Johnson, on the work they are doing to support it? When will the Prime Minister catch up and do something about this issue?
Lord Gardiner of Kimble
My Lords, the Government have directed their focus entirely in terms of low pay on taking action to help through the tax system. Indeed, they raised the income tax allowance to take 2 million of the lowest-paid people out of tax altogether. From next April someone on the minimum wage working full time will see their income tax bill cut in half, and if they work 28 hours a week they will no longer pay income tax. That is a direct result of what this Government are doing to assist the low paid.