Parliamentary Voting System and Constituencies Bill

Debate between Lord Mackay of Clashfern and Lord Clinton-Davis

Wednesday 19th January 2011 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, it is with considerable difficulty that I find myself addressing this position which, as far as I am concerned, has never happened before. We have come to this position as a result of a government Bill which deals with very important matters—I am the first to concede that—which require discussion, and we have had a good deal of discussion. Yesterday, for example, there was a concise and effective debate on the amendments proposed by the opposition Front Bench. My noble and learned friend Lord Wallace of Tankerness explained that he could take the matter away for consideration but no undertaking could be given. That was what ought to have happened and the response by the noble and learned Lord, Lord Wallace, was warmly accepted by the noble and learned Lord, Lord Falconer of Thoroton. I see no reason why we should not be able to proceed in this way.

The other day the noble Lord, Lord Young of Norwood, said he had taken a Bill on the digital economy through Parliament. It was a very interesting Bill. I took part in the early more general clauses but once it became technical, it was beyond me, so I was not able to assist and had to desist from taking part. But there were 700 amendments. If these amendments had all taken the time that was taken by the first two or three amendments in this week’s Committee, he would certainly not have got his Bill through that Parliament. I am all in favour of scrutiny and I value the right we have here to raise every amendment for discussion and get a government answer to it. That is extremely valuable and I have explained it often in answer to people who ask what the function of the House of Lords is in relation to legislation. I am able to say that anyone who has a reasonable point and can get a Peer to see it as a reasonable point has an opportunity to get an answer from the Government on that particular point. It may not always be a satisfactory answer or the answer that one wants, but at least we have the right to get an answer from the Government on every point that is made.

The total number of amendments on the Marshalled List for this Bill is quite large and I would think that quite a number of them have substantial points. I have listened with care to a substantial proportion of the discussion in this Committee and I have been interested in the points made from the opposition Benches, most by people of considerable experience. I have paid particular attention to the points made by the noble Lord, Lord Wills, in relation to the possibility of improving the electoral register. However, as the time has gone on and the same amendment is still being debated, my interest has slightly waned as a result of the extraordinary amount of repetition. It is not for me to judge always, but I have a feeling that not every remark is equally relevant to the point of the amendment. Indeed, my noble friend—I think I can call him that as an exception—Lord Foulkes of Cumnock gave a very interesting speech the other day but he never mentioned the amendment that was being dealt with. I do not believe in making many interventions on these amendments because it just makes matters worse, but on this particular occasion I ventured to intervene to ask him whether he was for or against the amendment. His answer, typically generous, was, “Well, I haven’t made my mind up yet”, and he expected that I would not make my mind up, either, until I had heard the whole of the discussion.

I make no apportionment of blame as to where this has happened but there has crept into the debate an extension of discussion beyond what is reasonable if we are going to get through this Committee stage in anything like a reasonable time. For example, one of the amendments took something like three and a half hours. If you take the total number of amendments on this Marshalled List and multiply it by three and a half hours, we will be using most of this extended parliamentary Session for this Committee. Whatever one thinks about the merits of the Bill, that is really quite excessive in terms of discussion. I feel that we have got to a stage where we have lost the complete adherence to relevance and succinctness which are the advantages of this House’s procedure. The noble Lord, Lord McNally, made some reference to this the other day and was regarded as having threatened people, which I certainly do not think he did, but he mentioned the point that in the other place this had been lost. The reason we have had it for all the time that I know of, and I hope that it will continue for a very long time to come, is that we have exercised self-restraint and discipline in relation to the total number of amendments that are on the Marshalled List with a view to succeeding that the points are understood. When I have listened here, I have understood very well and quite quickly most of the points that are made from the opposition Benches, but by the time they are repeated five or six times, one begins to feel, possibly, that they have lost their impact. I am afraid that is, at least to some extent, what has been happening in the discussion.

Not everyone has the same level of patience but we have to exercise a certain amount of patience with one another. I greatly regret that we have come to the position where this closure Motion has happened on two occasions.

[Lord Clinton-Davis]

I have a tremendous regard for the noble and learned Lord and the advice that he proffers, but is it not essential in pretty well every Bill that there should be some discussion between the opposition Front Bench and the Government? He has not referred to that.

[Lord Mackay of Clashfern]

I am not a member of the usual channels and I never have been, unlike my good friend the noble Lord, Lord Graham of Edmonton, who came from Tyne to Thames via the usual channels. However, I feel that we have come to a stage at which we need to reconsider. I hope that there will be no further Motions for closure. I also hope that all of us, me included, will conduct ourselves in a practical way and make points that we believe will be listened to. I believe, as the noble Lord, Lord Bach, was kind enough to say, that my noble and learned friend Lord Wallace of Tankerness has always conducted himself with complete propriety, anxious to reach an understanding of the points made from the Opposition and to do his best to answer them.

I understand the Motion moved by the noble Lord, Lord Bach, and the proper course for us to take now might be to have a very short Adjournment so that we can consider the position. I believe that there have been negotiations through the usual channels—I do not know exactly to what effect. I hope they may continue, because it has always been the way to work. The noble and learned Lord, Lord Falconer, suggested on Monday as a condition of negotiation that the Bill should be split. I understand perfectly the very great difficulty with that, and I do not think that the condition will necessarily be met, but other things could happen. I suggest that the House resume for a short Adjournment and that we resume Committee in a spirit of real co-operation—I hope to speak on the next group of amendments, I have to say—whereby we will be able to have some concessions from Her Majesty's Government, at least to the extent of considering amendments, which should be the usual method in Committee.