Procedure and Privileges Committee

Debate between Lord Mackay of Clashfern and Baroness Garden of Frognal

Wednesday 1st December 2021 Lords Chamber

[Baroness Garden of Frognal (LD)]

I will explain why. The Liberal Democrats decide among themselves who will come in on each Question. If you are a little woman, you can come in if you know that your party has decreed that you are the person who will come in. We will have one or two speakers for the first and the second Questions, and so on, so we do not have shouty matches on our Benches. Can I recommend to my other colleagues around the House that they do that?

I add that in the balmy days of coalition, when I was a Minister on those Benches answering Questions, we were absolutely held to account. We were supposed to get in at least seven questions in the seven minutes, and when the noble Baroness, Lady Stowell, was the Leader, she took us to task. Each week she would count who had not got in the requisite number of questions. Of course, there was nothing we could do if the questioner went wrong, but if we were taking far too long for our answers, by golly, our feet were put to the fire. Not all the newer Ministers realise that noble Lords are far more interested in asking their questions than in listening to the answers.

[Lord Mackay of Clashfern (Con)]

My Lords, I have never been in the House of Commons, but I have had quite a long time watching it. I am conscious that sometimes in the past, the way in which the ultimate questioner was selected was not the best, but I think that what today we are asked to do by the report is to go back to the way we had before. I am perfectly happy if later on, once we come back to what we have done, we consider whether anything more needs to be changed, but I certainly think that it is not an appropriate time to make a change of this sort when we are just coming back to the old system for the first time.

Another matter that has occurred to me is that we have all been through a very serious experience as a result of the pandemic. Who knows, that may have affected the so-called shouting crowd. I hope we will all learn to stop the shouting and extend courtesy. I believe in the very good advice,

“in honour preferring one another.”

If that system operated, we would not need anybody to pick their number.

I have to say something about the practical issue. With a House of 800 and more, it is quite difficult for anyone, even one with the skill of the present Lord Speaker, to know everybody. This business of the people who want to shout getting going is urgent, and unless you know everybody who is here, you cannot select who is the fair one to call. My strong view is that we should not change anything, except go back to where we were before, until we have had a chance to see whether the shouting mob, if that is what we call them, have changed their behaviour and been chastened by the experience we have had.

I venture to think that many of us will not wish to be involved in the shouting mechanism. I have never taken part in that—shouting is not, on the whole, my way of life—but I think there is a very good chance that people will realise that we have got back, wonderfully, to what we were before and that now we will show it to be the best possible way.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Lord Mackay of Clashfern and Baroness Garden of Frognal

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 11th January 2021 Lords Chamber

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, I gather that the noble and learned Lord, Lord Mackay of Clashfern, would like to speak after the Minister.

[Lord Mackay of Clashfern (Con) [V]]

I think there is a question of consistency; if in one statute you have the word “reasonable”, while in other statutes of similar import you do not, that tends to create a difficulty. The statement the Minister made, that it is part of being a statement of this kind in an Act that the belief must be reasonable, is a reasonable explanation for not having it here.

Fisheries Bill [HL]

Debate between Lord Mackay of Clashfern and Baroness Garden of Frognal

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Monday 22nd June 2020 Lords Chamber

[The Deputy Speaker]

Shall we try again to see if we can get the noble and learned Lord, Lord Mackay of Clashfern? Lord Mackay, are you there?

[Lord Mackay of Clashfern (Con) [V]]

My Lords, this proposal’s reference to “the United Kingdom” requires consideration, given the matters that arise in connection to it from devolution. It is true that fisheries are devolved, and so in respect of rights of the United Kingdom and fish, these will be devolved. It is therefore quite important that the role of the devolved Administrations is kept in view, as is recognised in later clauses in the Bill.

The other point I was slightly doubtful about is that of quotas being owned by the public, or the nation. When the quota is granted, the rights of the quota will belong to the person to whom it was granted. I should have thought that that would mean an innovation to the rights of the public in respect of the quota, once it is granted. To me, it seems clear that the public own the fish stocks in our waters, but it is quite important to recognise the devolution settlements in that connection.

--- Later in debate ---

[The Deputy Speaker]

My Lords, the noble Baroness, Lady Kennedy of Cradley, has withdrawn, so I now call the noble and learned Lord, Lord Mackay of Clashfern.

[Lord Mackay of Clashfern [V]]

My Lords, this amendment is of considerable importance. It seeks to set aside all the other objectives as less important, and it is apparent to me that at least some of them are essential. To set them aside would bring an imbalance to the situation, which is very strange—particularly since the objective is described as something that does “not compromise”. It is negative, it is to not do something; whereas an objective would normally be to achieve something rather than to prevent something happening.

I strongly support what has been said about the difficulties. I find it very hard to see how, with proposed new subsections (2)(b) and (2)(a) subject to the definition, you can have it as a prime objective.

I understood from the noble Lord, Lord Krebs, that his principal reason for this amendment was to avoid a situation in which economic matters might prejudice the longevity and sustainability of the stocks. However, the objective as stated by the Government is clear; under it, the long-term interest of the stocks must be preserved. That is surely the sort of flexibility we need in a proper environmental and sustainability project. You cannot be sure from day to day exactly what will happen. There are not many effective prophets in the world; it is therefore very difficult to proceed without a long-term view of what you are aiming at, and it seems that that will be prejudiced if you knock out the other objectives, which are also very important.

The amendment says “prime” objective; it does not say that it is the only objective. However, I do not know how a court could say whether or not a particular objective had been considered “prime”. As has been said, it generally means “first”, although it can have other meanings. It seems to me that, as long as the objective is mentioned and then taken account of alongside others, that is what should happen. I do not think that this amendment achieves the kind of result mentioned by the noble Lord, Lord Krebs. One of the mistakes of the common fisheries policy was too detailed and precise an attempt to control this aspect. The Government’s method of balancing this—the purpose of the clause as a whole—is excellent and would be damaged by this amendment.

--- Later in debate ---

5: Clause 1, page 2, line 35, at end insert—
“( ) In addition to the fisheries objectives, section (Duty to sustain the UK fishing industry workforce) outlines responsibilities towards the UK fishing industry workforce.”

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

We now come to the group beginning with Amendment 5. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or any other amendment in this group to a Division should make that clear in the debate.

[Lord Mackay of Clashfern [V]]

My Lords, this amendment is intended to focus on the need to consider the workforce in the fishing industry. The sea food sector employs around 33,000 persons, including 12,000 fishers, and contributes £1.5 billion a year to the UK economy. It is therefore important that, after we become an independent coastal state, we take steps to protect and enhance the safety of workers across the industry. As anyone who knows anything about it knows, there are risks involved in being a fisherman.

We need to develop a positive, modern legal and training infrastructure that will help to grow and sustain the domestic workforce. We also need an immigration system that allows United Kingdom vessels to continue to recruit skilled non-UK nationals on to their crews. I would submit that this is an important consideration because the workforce is very important. I commend the amendment to your Lordships.