Secondary Legislation Scrutiny Committee

Debate between Lord Kennedy of Southwark and Lord Hodgson of Astley Abbotts

Tuesday 31st January 2023 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I am extremely grateful to my noble friend the Senior Deputy Speaker for his explanation of what has gone before and I want to place on record from the beginning his courtesy to me and his openness, for which I am extremely grateful. I had hoped to be able to table this amendment in the name of the Secondary Legislation Scrutiny Committee as a whole, but that is not permissible under the rules of your Lordships’ House, so it is in my name as chairman. However, I want the House to be aware that it is a unanimous request from every member of the committee. Seven of them are listed in the paper before noble Lords, and the four who are not listed are the noble Lord, Lord Powell, from the Cross Benches, the noble Lords, Lord Rowlands and Lord Hutton, from the Opposition, and the noble Lord, Lord De Mauley, from the Government Benches.

I emphasise that because I want the House to understand that we are not revolutionaries; we are not here to try to overthrow all the procedures of the House. But, as a group, we believe very strongly that your Lordships’ role in scrutinising and holding the Government of the day to account is critical to the performance of our House. I am afraid that we on the SLSC believe, with due respect to the Committee of Selection, that on this occasion process, the administrative operation of the House, has trumped purpose, the effective operation of our committee. We believe that this is the wrong way round. Purpose and performance should come before process.

Before I explain that in a little more detail, I want to make it clear what this amendment is not about. First, we do not argue that we are uniquely qualified to sit on the SLSC—far from it. We have no doubt about the estimable qualities of those are going to take our place. Speaking personally, I have no doubt that my noble friend Lord Hunt of Wirral, who is proposed as my successor as chairman, will carry out the role of committee chair every bit as well as, and better than, I have.

Secondly, this amendment is not an attack on the principle of rotation. All committees need regular injections of new blood to keep their thinking and their approach fresh and up to date. Thirdly, this amendment is not an attack on the decision of the House to change the measurement of time served by an individual on the committee from parliamentary Sessions to calendar years. That must have been a good decision, because calendar years are fixed and parliamentary Sessions are not. But the switch from one method to the other has had a series of dreaded “unforeseen consequences”, with which all Members of your Lordships’ House are familiar, as regards the rotation of committee membership.

I know we are not alone in our concerns. Other committee chairs may wish to add their perspectives. But the impact on the SLSC is particularly challenging. Today, the House will rotate off seven of the 11 members of the committee—two-thirds, including the chairman. This time next year, the House will rotate off one—just one. Two years from now, the House will rotate off the remaining three, and the following year, we will go back to seven again, this time including my noble friend Lord Hunt, whose term of office will have come to an end. Our committee respectfully suggests to the House that a “seven, one, three” rotation pattern is unlikely to enhance the effectiveness of our committee’s operation.

As the Senior Deputy Speaker said, we were in touch with him well in advance, because we saw this problem coming down the road. We met on 17 November, and he has been kind enough, as he has pointed out, to put our concerns before the Committee of Selection on two occasions at least, and we are very grateful for his and the committee’s involvement. He has mentioned our suggested remedy to transition between the two systems—on this occasion, and once only—which is that three people should be asked, not including the chairman, to serve one more year. So we would have “four, four, three”, and that would be an even pattern stretching into the future.

The Committee of Selection did not feel able to accept this solution. I ask myself why. I understand that the committee feels bound to implement the decision taken by the House to change the basis of management, whatever the result. It was put to me that this House would be angry if the Committee of Selection flouted its decision. Of course, the House did decide this course of action, but I doubt that any Member of your Lordships’ House had any idea of what the practical consequences would be for the rotation of the membership of the SLSC, and indeed other committees, when they decided to approve it. Indeed, if your Lordships had understood all the consequences of the decision, someone would have stood up and said words to the effect of, “Hang on, this is a bit drastic. I think we need to find a way to smooth the transition between the two systems”.

Importantly, the Liaison Committee of the House clearly even then thought there might be problems and difficulties with the transition shift. The fourth report from the Procedure and Privilege Committee, which recommended the changes in the rotation rule, states:

“There could be a case for providing a degree of flexibility in the three-year rotation rule when its rigid application would result in a large number of members of a committee being ‘rotated off’ simultaneously”.


I also note that the Companion at paragraph 11.14 states:

“The Committee of Selection may consider making ad hoc adjustments to the application of the rotation rule when needed.”


So, there are what could be described as escape hatches for the Committee of Selection if it wanted to use them.

I have two further points. The Committee of Selection was kind enough to write to me, to all members of our committee and now, I think, to all Members of the House, explaining the background to its decision. It said that

“six Committees are due to see at least 50% of their Lords members rotate off this January”.

I recognise the issue of fairness, which the Senior Deputy Speaker has raised. But I have to say I regard this statement as actually increasing my concerns about the way the committee rotations take place. I may be naive but, in all my career, I have never come across an organisation where it is argued that a 50% annual staff turnover will lead to a smoother and more effective operation of the organisation.

Finally, I will say a word on the particular position of the SLSC. The House knows that it is not the role of the committee to comment on the wisdom of any policy. That is for the Government of the day to justify, in due time, at the Dispatch Box. The committee’s job is to examine the way a policy has been implemented and to highlight points that the committee feels that the House or the wider public would be interested in. Many policy decisions result in not one but a series of regulations—for example, photo ID at the ballot box or changes to the student loans scheme. Knowledge of what has gone before is very important in improving the quality of scrutiny, as it is in our work to keep an eye on government departments when their performance, as regards regulation, has repeatedly fallen short of their statutory obligations.

To do all this, we need what is best called institutional memory: a clear recollection, among a sufficient number of members of the committee, of what has gone before. Institutional memory is not a static concept. That is why a proper degree of rotation is needed. It is also why new members of the committee, however experienced, can be compared with new batsmen coming to the crease: they need some time to play themselves in.

One person from the Committee of Selection suggested to me that this institutional memory resides not with the Members of your Lordships’ House on the committee but with the committee’s staff. I yield to no one in my admiration for the work of the staff of our House, but their job is to provide the facts. It is up to the committee to interpret what has been put before it.

We on the SLSC may be disappointed, but I hope we are realistic. The Committee of Selection has heard our representations and has rejected them, as it is perfectly entitled to do. It has made its choice of new members of the committee known and those individuals have been told. There is no way back from that. To propose a complete reversal would be both organisationally shambolic and personally insulting to a number of Members of your Lordships’ House. That ship has sailed, but we have a chance to reflect on what has happened. I cannot believe that anyone would wish to argue that we now find ourselves in a satisfactory, let alone ideal, situation.

This amendment accepts the status quo but asks the House to endorse a request to the Committee of Selection possibly to think again, in the light of the real- life outcomes of the present procedure of our committee and, perhaps, of other committees, with the view to have a target rotation of one-third of committee members every year; and to come back to the House with its views before the Summer Recess.

At the heart of this issue is whether purpose or performance—the work of the House—is more important than its process or administration. If your Lordships agree that the former is more important, you may be inclined to support the SLSC; if you do not, you will not. I beg to move.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I will not detain the House for long, but it would be useful to put some comments on the record. I fully endorse the comments made by the Senior Deputy Speaker and if the noble Lord, Lord Hodgson of Astley Abbotts, divides the House, I will vote against him.

I agree with the Senior Deputy Speaker that the new members of this committee are of the highest quality and expertise. They do an excellent job on behalf of the House. The noble Lord outlined the work of the committee he saw when he was a Minister, and I invite noble Lords to look at the names that the Senior Deputy Speaker has proposed. I am sure all will agree that these Members will discharge their duties diligently and effectively.

The Senior Deputy Speaker has outlined a way forward for the House, which I support. I hope the House will agree that, as Opposition Chief Whip, I am not in the business of trying to undermine or damage the House’s effectiveness in holding the Government to account. I hope that this is the way forward.

I am sure noble Lords will recognise that, when the Opposition table amendments, we often use the reports of the Secondary Legislation Scrutiny Committee, which outline deficiencies in the legislation proposed by the Government. We regularly put those forward. We often rely on the committee’s work. We know that it is important and does effective work. I believe that the noble Lord’s amendment is not needed: a way forward has been outlined. I invite the House not to agree with the amendment.

Criminal Finances Bill

Debate between Lord Kennedy of Southwark and Lord Hodgson of Astley Abbotts

Committee: 1st sitting (Hansard): House of Lords
Tuesday 28th March 2017 Lords Chamber

[Lord Hodgson of Astley Abbotts]

My Lords, I support this amendment and the sentiments that have been expressed. Like other noble Lords, I am not sure whether it will do anything other than send a signal that this is something we are very serious about. An important aspect of not allowing it to become too London-centric—the darkened squares that my noble friend referred to in his opening remarks—is the ripple effect. What happens in central London ripples out through the country. I think the Lloyds Bank review says that Oxford is now the most unaffordable town in the country in terms of local wages to local house prices. If we can stop the ripple, or at least inhibit the ripple, that will have an effect much wider than merely the darkened squares to which my noble friend referred. As my noble friend Lord Deben said, if we take this further out, there are implications for social cohesion, as some of our less well-off and less well-resourced fellow citizens are finding themselves squeezed out by gentrification in an increasingly wide range of towns and cities across the country.

[Lord Kennedy of Southwark]

My Lords, Amendment 11 is tabled in the names of the noble Lord, Lord Faulks, and my noble friend Lord Anderson of Swansea. My noble friend was taken ill yesterday, and I am sure we all wish him a speedy recovery. This amendment would add a new paragraph to subsection (4) which clearly specifies that where,

“the respondent has a financial interest in land or property ... which is registered in the name of an overseas company”,

which could be being used as part of a complicated financial arrangement to hide from the authorities their unexplained wealth, the court can make an unexplained wealth order. I support the aims of this amendment. It highlights another way that a person can seek to avoid having to explain their wealth. This amendment seeks to address that in a very clear way. My noble friend Lord Rooker raised some important points, and I am sure the Minister will respond to them in her remarks.

Like the noble Lord, Lord Deben, I have had a bank account for 38 years. I have only ever had one—I opened it when I was 16. I went into the bank at Camberwell Green and have kept it in pretty reasonable order for those 38 years. All the things you have to do—saying who you are and having to give your mother’s maiden name—are very irritating, but there are clearly issues with funds travelling backwards and forwards that must have gone through a bank somewhere. If they are ever to be brought to account for things, that is something we must address in these debates.

A lot has been said about the London housing market. Any suggestion that it could be a safe haven for corrupt money should be of concern to us all. What a terrible thing that we even have to contemplate that. It contributes to the housing crisis in London. I referred to the Transparency International report in my contribution at Second Reading. It did some work in 14 developments and found that 1,616 companies and individuals bought properties and that only 450 were registered to people who were living in the UK. Forty per cent of purchases in London, totalling £1.6 billion, were bought by investors from countries with a high risk of corruption. We do not want any suggestion of our capital city being seen as a safe haven for corrupt money, as that must concern us all. The noble Lord, Lord Faulks, made the point that whole parts of central London are in darkness. Ten per cent of Westminster is owned by faceless companies. Properties with an abnormally low use of electricity suggests that they are not lived in on a regular basis. Transparency International also found that 140 properties with a value of £4.2 billion have been bought by investors who represent a high money-laundering risk. My friend the Mayor of London, Sadiq Khan, has launched an inquiry into the impact of foreign investment flooding into London’s housing market. The noble Lord, Lord Faulks, referred to this.

The other problem is the trickle-down effect. It causes property prices to be abnormally raised and is putting whole sections of the capital out of the reach of ordinary law-abiding citizens. That must worry us all, and very regrettable it is. About a year ago, I was standing at this Dispatch Box discussing with the Minister the Housing and Planning Bill—the cost of rents, how we get people living in safe, warm, dry properties, how people can afford to buy property and whether starter homes are the right answer. The way money has come in has made it more difficult for families, which must be of regret to us all. That is something we need to address in this Bill. The noble Lord, Lord Faulks, made the point that there may well be very little legislative time in the next Session, so we should take the opportunity that this Bill gives us.

The noble Lord, Lord Deben, talked about housing. I am happy to accept that all parties have failed in the past. There is no question about that—we all need to do very much more about it. I live in Lewisham. The noble Lord was the Member of Parliament for Lewisham at one time; I am a councillor in his old constituency. It is a great area to live in, not the most expensive part of London, but I could not now afford to buy the house that I live in. I have lived there for 13 years and the rent the people in the house next to me pay is more than my mortgage. It is ridiculous. If corrupt money has led to that, it is a bad situation.

This amendment raises important issues, and the Minister should reflect on them very carefully. If we can find some way forward before the Bill becomes law, we should do that.