House of Lords: Procedures and Practices

Lord Trefgarne Excerpts

Thursday 4th December 2014 Lords Chamber

[Lord Trefgarne (Con)]

My Lords, a number of points have been raised on which I might very well like to comment on another occasion, but time forbids me to do so now. I listened to the noble Lord, Lord Butler, who was a most distinguished Cabinet Secretary, as he reminded your Lordships. I was a very junior Minister in the Government over which he so effectively presided, if that is the right word, and we spent our time thinking of ways of doing things that did not need parliamentary or ministerial approval.

The purpose of your Lordships’ House, as is often said, is to examine Bills in detail and debate important matters. It is also important that the House should not forget that it indeed has a duty to hold Ministers to account, as MPs do in the other place. We tend to do so more gently, perhaps more courteously, here than in the other place. Questions to Ministers are a crucial part of that process. We have four Oral Questions a day for four days a week, and three topical Questions, but no Questions on a Friday, which is regrettable. Often no slots are available and we often have the unseemly sight of noble Lords queuing outside the Minute Room waiting to table their Questions. They have to sit there for an hour or more sometimes to get just one slot. We are allowed only one Oral Question on the Order Paper at any time, which is understandable and necessary, given the restriction in the number of slots, but it certainly restricts the capacity of noble Lords to table Oral Questions.

I suggest that we think in terms of increasing the number of Oral Questions to perhaps five a day instead of four—and, as I say, perhaps to allow Oral Questions on Fridays. If we were to allow five a day, I would advocate no increase in the time we have to take Questions, namely 30 minutes. The reason for that, I have to say, is that ministerial answers are often rather long-winded and could be further reduced in length, particularly to meet the opportunity for Back-Benchers to ask more supplementaries. However, Back-Benchers should also be ready to keep their supplementary questions shorter and more terse than at present. We have on many occasions heard noble Lords reading out three or four questions supplementary to a single Oral Question; we lose track of them by the time the noble Lord sits down and, of course, Ministers are obliged to answer only one. That has removed the opportunity for at least one or two noble Lords to ask any supplementary question at all.

I turn now to topical Questions. Three are three a week, decided by ballot. On the whole, that system works rather well and I hope that it will be continued. However, topical Questions are heard as Oral Questions in the normal way and ought to be subject to the same restrictions on length.

I will also refer to Private Notice Questions. One way in which to increase the opportunities for Back-Benchers to ask questions would be to relax the rules that govern the allowance of PNQs. Very few are taken in this House, mostly because they have been refused by the Lord Speaker—correctly, no doubt, in accordance with the rules—but also because noble Lords are put off tabling them, assuming that they will be refused, as is usually the case. In years past, Private Notice Questions were considered and allowed or disallowed by the Leader of the House, not the Lord Speaker, and there was a right of appeal to the House if a Private Notice Question was refused. That is not now the case. There is no appeal following the refusal of a Private Notice Question. That is regrettable. I once put that very proposition to the Procedure Committee and it was rejected fairly smartly. However, I think the fact that Private Notice Questions are allowed or disallowed absolutely by the Lord Speaker and there is no right of appeal is not the right arrangement. I hope that that can be further considered.

I will refer to Questions for Short Debate. As a matter of fact, I think that they work rather well. There is a question over whether perhaps we should have only an hour instead of an hour and a half—in which case I had better sit down quickly. Be that as it may, I think that they work well, on the whole.

Finally, I will respond to the point made by my noble friend Lady Thomas about statutory instruments. I am probably one of the very few Members of your Lordships’ House who was here in 1965 when we turned down the statutory instrument imposing sanctions on Rhodesia for the first time. I remember my late noble friend Lord Jellicoe standing at the Dispatch Box, turning round and advising my noble friends to reject the Motion, as indeed we did. Whether that was wise or unwise is for others to judge. There is an argument for allowing noble Lords some means to amend statutory instruments. They can, of course, reject them and Ministers can come forward with a revised one, but that very rarely happens—I cannot remember it ever happening. However, I have some sympathy with the point made by my noble friend.

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[Lord Lipsey]

As I said, there are a few, though I doubt that they would command a majority today.

[Lord Trefgarne]

We had much wider powers prior to 1911 than we do now.

[Lord Lipsey]

Thank God we do not have them anymore.

The real resistance to change, let us face it, comes from the Whips—from the Government leadership—because they have a sole object, for all the gilded words in which they tend to clad it: to get the Government’s business through with as little trouble, scrutiny and change as they can get away with. That is their fundamental mindset. I do not criticise them for that—that is what they are paid for.

Those are the forces of conservatism. However, it seems to me that there is now a great countervailing force in the people who are coming into this House, particularly—we are all glad to see this—the growing number of women but also people from outside politics and those who have not been acculturated to the way in which we have traditionally done business. I know that there is an argument about whether the Lord Speaker should call questioners. Who has talked to incoming Members about Question Time—about the bear garden and about the bullying males thrusting ahead of polite women and preventing them getting in? I will not come in for Question Time; I have had 16 years of listening to it. Seeing what we tolerate brings the House into poor regard. Therefore, I believe that there is a constituency for change.

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[Lord Dykes (LD)]

My Lords, it is a pleasure to follow those comments and the others that reflect the need for modernisation in this place. As a conservative with a small “c”, I also had the feeling when I first came here 10 years ago that one should not really utter any suggestions or ideas about these things for the first 17 years because that would be very pushy and presumptuous, and people would, rightly, tut-tut. However, things move on and accelerate, and this place is changing. The sociology of the House of Lords has changed enormously. Taking a foreign example, I have always been impressed with the system in Denmark. It is a single-Chamber system where a perpetual minority Government are on their knees, constantly begging MPs in Copenhagen to support their latest legislative proposal. I do not detect that Denmark is worse run than Britain; in fact, it is probably the other way round. Denmark also has a high-taxation system, both indirect and direct, which produces efficient economic results.

Secondly, on arriving here I treasured the story of the old days when, about 50 years ago, the Chief Whip said to a hereditary Peer who had just joined the House, “It is a great honour for you. You’ve got to appear to be very enthusiastic and deeply honoured to be here. On the question of making your maiden speech, you shouldn’t be pushy but you should be enthusiastic about doing it, eventually”. The new Peer asked, “How long do you recommend”, and the Chief Whip replied, “Three and a half years”. Nowadays, it is three and a half weeks, which is considered to be quite a long time.

[Lord Trefgarne]

When I first came to this House, I was told that I should wait 10 years before making my maiden speech.

[Lord Dykes]

I am grateful for that correction and for the excellent suggestions of the noble Lord, Lord Trefgarne, and the points that he made today. I do not have the time to go into them. I thank the noble Lord, Lord Foulkes, for initiating the debate, and for some of his suggestions as well.

We had the example of the noble Baroness, Lady Deech, intervening on the noble Lord, Lord Lipsey, and the confusion that that caused. It was only a small occasion, of course, and the noble Lord, Lord Gardiner, with his customary skill, solved it very quickly. If we had a Speaker with the power to call someone or ask someone to sit down, would that not be better? Is that not more modern? I see the Leader of the House indicating that she is against that idea, but maybe she will change her mind later. That would not necessarily happen quickly because she is a new Leader and needs time to think about these things.

I thank the noble Lord, Lord Butler. It is always a great joy to see the gamekeeper turning operational poacher, going through the thickets of all these problems with some excellent suggestions. Having been in the Commons for 27 years myself, I am almost in despair at the terrible Bills that now come this way. The noble Lord mentioned a famous example in the last few days of a badly drafted, silly Bill that is all to do with “manifesto-itis” rather than any deep legislative urge on behalf of the Executive. Other badly drafted Bills have come through that were not properly considered by the Commons because of the timetabling of every Bill nowadays. They come here to the House of Lords, with insufficient time for them to be dealt with properly, but it is an excellent revising Chamber none the less. That is good and needs to be built on.

However, the modern sociology of this place—men and women—demands that it modernises itself much more fundamentally than that. Whether or not it is elected in the future, this place must represent the people of this country more directly, legitimately and instantaneously, too. There is no harm in being quick about these things; we do not want to appear to be slow. It is very unfair that the press continually just use the famous photograph of us wearing robes. That is what people think we do every day, partly because of the antics of some of our colleagues, tragically, but also because of some mischievous reporting. We have a wonderful, enlightened press, owned almost exclusively by foreign owners who do not pay UK personal taxes, but lecture us on the need for British patriotism. It has caused trouble by giving the impression that people clock in here for a few minutes and then leave. There may be a small number of those but I doubt it. Most people here now, maybe 350 to 400, are what I describe colloquially as FTWPs—full-time working Peers. They are really active people who are here every day, working very hard for long hours on behalf of the public. But do the press give us any attention as a result of all that activity and cerebral work that we do in trying to improve some very dodgy Bills and sending them back to the Commons?

Incidentally, why does ping-pong always have to end in a Commons victory? It may perhaps concern a strong leading manifesto item, on the basis of which the Government may have won an election. But of course, mostly they cannot win an election on their own; it has to be a coalition, as we see now. Normally Governments here in Britain are elected by less than a genuine majority of the public, and a percentage of seats. If ping-pong is always to be defeated, we should say that we will have one ping-pong stage, as for some JHA stuff that is now coming up, and that will be enough. We will have made our point and can then defer to the Commons. I am not sure that that should always be right. It would probably be mostly right but not always.

Question Time should definitely be longer. It could be up to an hour, or maybe 45 minutes might be better as an experiment and to see how that would go. It is very frustrating that so many colleagues want to get in on Questions and are prevented from doing so repeatedly—not only because of the difficulty of not having a Speaker who is able to call Members to put a question or stop putting a question, and so on. There are other things we can do around that to modernise this place. Some people are traditional and feel very affectionate about the past of the House of Lords. They want to keep it that way: old-fashioned and very endearing but not really doing a proper job.

Leader of the House of Lords

Lord Trefgarne Excerpts

Monday 28th July 2014 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I shall not repeat the reasons that have been so eloquently put about why this decision was wrong; I want to make some practical suggestions about how it can be put right.

There are, in fact, three ways in which the Prime Minister could now put the situation right. I fear that it was simply not correct in his letter to say that it was impossible to make the noble Baroness, Lady Stowell, a member of the Cabinet. There are still three ways in which it could be done, although perhaps some of them, with the passing of time, are less practicable than others. He could have chosen not to have made one of the other members of the Cabinet a member of the Cabinet. He chose not to do that. As suggested by the noble Lord, Lord MacGregor, and referred to by the noble Lord, Lord Lang, it would be possible to amend the Ministerial and Other Salaries Act. If, 10 days ago, the Government could introduce as emergency legislation a Bill to amend the retention of data, they could have introduced an emergency Bill to do this. It may be difficult now that we are in the Recess, but perhaps the House of Commons could be recalled for that purpose.

There is another solution, which I hope that it is not invidious to draw attention to. The limitation on making the noble Baroness a member of the Cabinet is simply the number of Cabinet Ministers who can receive salaries as Cabinet Ministers. It would be possible—indeed, it has often happened in the past—for Ministers who are members of the Cabinet to choose not to take their salary. I do not think that it would be unreasonable to ask that one of the present members of the Cabinet for the next 10 months should forgo their salary, so that the Leader of our House can be a member of the Cabinet. I hope that it is not invidious to say that I think that there are members of the Cabinet who could afford to do that. Indeed, they might simply be anticipating the position that they will be in anyway in 10 months’ time.

The Prime Minister could have made one of those choices. The fact that he did not indicate indicates that he chose to humiliate this House and put the noble Baroness in a very difficult position in taking up her responsibilities. There is still time for the Prime Minister to do the right thing, and I hope that he will do so.

[Lord Trefgarne (Con)]

My Lords, I shall be very brief. Like many noble Lords, I share the dismay expressed so eloquently by the noble Baroness that, for the first time in history, there is no Member of your Lordships’ House in the Cabinet. That of course demeans the position of your Lordships’ House and lowers the standing of the Leader in the eyes of everybody, as we have already heard.

I suspect that this wholly unprecedented situation was arrived at by accident. Thus, I imagine that it cannot be corrected without disrupting existing appointments or, perhaps, coalition dispositions. What a price we pay to keep this coalition in place.

Who is the Prime Minister’s principal adviser on this matter? Presumably, as the noble Lord, Lord Armstrong, explained, it is the Cabinet Secretary. Was the Cabinet Secretary’s advice taken on this occasion? What was that advice? That we shall never know, but it has caused this terrible situation and, I hope, can be corrected. If the noble Baroness, Lady Boothroyd, chooses to divide the House a little later, I shall join her in the Division Lobby.

[Baroness Grender (LD)]

My Lords, I want to make one very brief point. I would hate this debate to pass by without making the point that while many here are talking about a constitutional outrage, there remains a constitutional outrage that this place is unelected. I want to mark that point.

House of Lords Reform (No. 2) Bill

Lord Trefgarne Excerpts

Friday 28th March 2014 Lords Chamber

[Lord Trefgarne (Con)]

My Lords, I will make only a modest contribution to this debate. As far as House of Lords reform generally is concerned, my view happens to be that we should move to a largely if not wholly elected Chamber. I accept that that is on the whole a minority view, certainly on this side of the House, but that is my view and long has been. I also believe that if we were to have such a Chamber it should have powers not dissimilar to those of the other place, and I can well see that there would be objections to that coming from there. Be that as it may, House of Lords reform generally is back on the agenda, it would seem.

As the noble Lord, Lord Grenfell, reminded us—and I share the dismay that he will be leaving us so soon—the Labour Party has apparently published a new policy on this matter. It comes from the pen of the noble Lord, Lord Grenfell, and his colleagues, I understand, but I presume that to be Labour Party policy, or the bones of Labour Party policy, when we get to the next election. I express one dismay about that: yet again the Labour Party seems to be disconnecting itself from the views and wishes of the people. A few weeks ago, Labour Peers assisted in the failure to pass the European Union (Referendum) Bill, which would have allowed the people to express a view on that matter. Now apparently they are proposing a Chamber of largely appointed Peers, which, again, does not seem to represent the essential Labour principles to which we had assumed they were attached.

[Lord Grenfell]

I am most grateful to the noble Lord but I should correct him on one point. This is a report from a group of Labour Peers to their fellow Peers; it does not mean that it is Labour Party policy. It is the views expressed by a group of Labour Peers of what we think might be, and would like to see as, Labour policy. The other point is that we are certainly not recommending an appointed House. We deliberately avoided trying to find an answer to the knotty question of whether there should be an elected or appointed House. That has to wait, in our view, for a constitutional commission.

[Lord Trefgarne]

I am grateful to the noble Lord for that clarification. I am particularly grateful because, referring to one sentence in the report—I assume this likewise to be in error—the Daily Telegraph says:

“All hereditary peerages would be abolished and no more should be created”.

Apparently that is not the view of the noble Lord’s committee and I am happy to hear it.

Turning to the Bill, I broadly support what is proposed. At one of the earlier stages—I forget which one—I referred to the problem of overseas convictions of Members of your Lordships’ House. That matter has been dealt with and I am grateful for that. Therefore, I, likewise, hope that the Bill will proceed to the statute book fairly swiftly.

Finally, I would like to refer to the remarks of the noble Lord, Lord Hunt of Wirral. I am so sorry he is not in his place. He described at some length his wish for some financial arrangements. I think he was saying that they should perhaps not come from public funds but from some other source. I am obliged to remind your Lordships that in 1999, 600 or so hereditary Peers left without so much as a penny. I say to my noble friend the Leader: if support for departing Peers is to come from public funds, I should be very much opposed to that, or if it is to happen it will have to be backdated to include the 600 or so hereditary Peers of 1999, which I dare say will create problems in the Treasury, even more than there are at present. But it would not be just to provide Peers who are allowed to depart now on a voluntary basis, or even on a compulsory basis, with financial recompense when in 1999 not so much as one penny was provided. Of course, I accept what the noble Lord, Lord Hunt, was proposing, which I think was a private fund of some sort, and that would be a different matter. But I hope that departing hereditary Peers from 1999 might likewise be considered for support from that measure.

I, too, share the hope that the Bill will shortly reach the statute book and will do nothing to prevent that happening.

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[Lord Trefgarne]

My Lords, before the noble Lord sits down, perhaps I may seek clarification. I referred in my remarks to the report from the committee chaired by the noble Lord, Lord Grenfell. That has apparently been approved by the noble Baroness, Lady Royall, and the shadow Justice Secretary, Mr Sadiq Khan, so presumably it is jolly far down the way of becoming Labour Party policy. Can he also comment on whether the account of those proposals in the paper today is accurate?

[Lord Hunt of Kings Heath]

My Lords, the account was in the Daily Telegraph, so noble Lords will have to make their own judgment as to how accurate they think the Daily Telegraph is. As my noble friend Lord Grenfell has already made clear, this is a report by Labour Peers. It received a great deal of support at the meeting of Labour Peers on Wednesday. It is a contribution to the debate. I speak as deputy leader of our party in the House of Lords and I very much welcome the report and the recommendations that it makes. I believe that they are very sensible. They provide a solution to the interim problems that we face. In my view, they do not conflict with more substantive reform, when that comes.

European Union (Referendum) Bill

Lord Trefgarne Excerpts

Friday 31st January 2014 Lords Chamber

[Lord Trefgarne (Con)]

I apologise to my noble friend. We are considering Amendments 50A and 72. I am not entirely clear to which of those he is speaking. Perhaps he could help.

[Lord Shipley]

I am speaking to both of them, because they are about the Government and the movers of the Bill explaining their intentions. The Bill cannot be passed in its current state. The noble Lord, Lord Lipsey, called it a “dog’s dinner”; I agree entirely with that. We have to be clear about these matters, otherwise we are not doing our job as a revising and scrutinising House properly.

Those who wish for less regulation and believe that we can get less regulation by leaving the European Union should explain the implications of having to apply the rules of origin. There is a rising tide of concern about this. We could end up with more bureaucracy and regulation rather than less. Mention has been made this morning of trade agreements. What will the implications be for our trade agreements? If our intended relationship is not clear, where do we lie with the 46 trade agreements that the EU has with other countries—and, I understand, a further 78 trade agreements pending? If we left the EU, we would lose access to every EU trade agreement with a third party and each of those would have to be renegotiated, a long and time-consuming process that would damage exports in the interim.

In conclusion, Amendments 50A and 72 make it clear that the Government have to explain what our intended relationship would be with the EU if we withdrew. It is an absolutely fundamental matter, it seems to me. I look forward to hearing from my noble friend Lady Warsi, the Minister, when she speaks on this matter, and from my noble friend Lord Dobbs, when he replies to the debate. The British people have a right to understand this matter and that needs to be done at this point in the debate rather than at some later stage.

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[Lord Liddle]

Conservative Back-Benchers, I hasten to add, not Liberal Democrat ones. The Prime Minister's response to that was pathetic, even when what was at stake was a question of us sticking to the law. What kind of confidence can we have that an EU referendum would be fought on a fair basis unless these kinds of guarantee are written into the Bill?

I come back to the case of our car industry outside the EU. Unless we can negotiate a special deal with our partners there will be a 10% tariff on cars that are made in Britain. That will have a devastating impact on jobs in the British car industry. We cannot take these decisions lightly. We have to think about what we would be able to negotiate.

We should also have a realistic assessment of what we will be able to negotiate. Many people think that we would have the whip hand in any such negotiations were we outside the EU. I think that it was my noble friend Lord Davies who said that, in fact, that is not the case. We have to face the fact—and people are hard-headed about economic matters—that our exports to the single market account for between 40% and 50% of our total exports, however we calculate it. The rest of the single market’s exports to us account for about 8% of its exports, so if we are just looking at this in terms of the balance of power in that negotiation, it is not an attractive one from the prospect of jobs and growth in Britain.

In conclusion, if the noble Lord, Lord Dobbs, is not prepared to accept this amendment, is he certain what his alternative to EU membership would entail? How would he go about making sure that the referendum was fought on a fair basis? If we cannot have this fair assessment then, frankly, the Bill is as I described it at Second Reading: an invitation to buy a pig in a poke.

[Lord Trefgarne]

My Lords, before the noble Lord finally sits down, will he explain to me why, when legislation was taken through Parliament for a referendum regarding the European Union in 1975, no such provisions as the ones he is now calling for were included?

[Lord Liddle]

If I recollect correctly—I took an active part in that campaign—there was an assessment of the reasons for British membership, which was sent to every household.

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[Lord Williams of Elvel (Lab)]

My Lords, it may be for the convenience of the Committee if, in moving Amendment 55, I also touch on Amendment 75 in the name of the noble Lord, Lord Wigley.

I hasten to reassure the noble Lord, Lord Dobbs, that this is a genuine probing amendment. We are not trying to elicit any response other than that there is a problem—

[Lord Trefgarne]

My Lords, I apologise for interrupting the noble Lord but I hope that the sound system can be adjusted as, most regrettably, I am finding it impossible to hear him.

[Lord Williams of Elvel]

I will do my best. Can the noble Lord hear me now?

Draft House of Lords Reform Bill

Lord Trefgarne Excerpts

Monday 30th April 2012 Lords Chamber

[Lord Ashdown of Norton-sub-Hamdon]

I will come on to my noble friend’s point in a moment, except to say this. The question is not what we do; the question is how we are created. We are created here with a balance in this place that reflects the balance that the Executive enjoy in the other. I will come on to my noble friend’s point, but time is relatively limited, as we were advised, so allow me to make a bit of progress.

[Lord Trefgarne]

My Lords—

[Lord Ashdown of Norton-sub-Hamdon]

I hope that the noble Lord will forgive me. We have been advised to speak for seven minutes; I am already at six.

[Lord Trefgarne]

The noble Lord made a highly offensive remark just now and I would like to challenge it. He said that some of us were here because our ancestors had slept with a queen. I am the second Lord Trefgarne; my father was the first Lord Trefgarne. He was a Liberal MP.

[Lord Ashdown of Norton-sub-Hamdon]

He came here by an act of patronage, then, which is the point I was seeking to make.

Let me cite some statistics that may illustrate the point. Despite all the arguments made about primacy, et cetera, all the arguments made that we have to work out the new relationship, here are the figures. The House of Lords Library tells me that there are 71 bicameral legislatures around the world of which, leaving aside the micro-nations in the Caribbean whose constitutions were written by us to reflect ours, only seven are not elected second Chambers, seven have no connection with democracy, and seven are appointed, as we are—leaving aside Great Britain. One of them, for reasons that utterly perplex me, is Canada. But the other six may give us cause to pause for a moment. They do not include great democracies. They are Belarus, Bahrain, Yemen, Oman, Jordan and Lesotho. That is the company we keep. Those are not great defenders of democracy. How is it that in every other legislature, all of them with elected second Chambers, issues of primacy, the issues which hold up people’s agreement with democratic reform in this place, are not great problems?

Here is the reason why it is said that we do not have to observe the principles of democracy. My noble friend alluded to it a moment ago. It is because, apparently, it works—in that curious, untidy, rather British way, nevertheless, it works. And if it ain’t broke, don’t fix it. It does not work. There are two functions of a second Chamber. The first is to revise and the second is to hold the Executive to account. The first of those we do rather well. We are graciously permitted to follow along with a gilded poop-scoop, clearing up the mess behind the elephant at the other end of the Corridor, but when it comes to stopping the elephant doing things, when it comes to turning it round, when it comes to delaying it on the really big things that matter, we do not succeed. How can we challenge the Executive on big things when we are a creature of the Executive?

I do not believe that if we had had a reformed, democratic second Chamber, we would have had the poll tax, but we did. I do not believe that we would have gone to war in Iraq either, but we did. The last time that I said that, there was much twittering saying, good heavens, should a second Chamber have the right to say whether a nation goes to war? Yes it should. I see no problem with that. There is no problem with the Senate in America. That has not stopped America going to war. There is no problem with the Senate in France, one of our closest and immediate allies in Libya and which put more troops into Bosnia than any other nation and suffered greater casualties.

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[Lord Trefgarne]

My Lords, I, too, was a member of the Joint Select Committee and I, too, pay tribute to the noble Lord, Lord Richard, for his chairmanship. As is self-evident from the report, his task was a difficult one, which he fulfilled with skill, courtesy and balance. I pay tribute, too, to the clerks who served our committee, who had an enormously difficult and voluminous task; a huge volume of work was theirs, and they discharged it with skill and efficiency.

Very few members of the Joint Select Committee agreed with everything in the report. Indeed, a number of us, including me, agreed to an alternative report—but, again, views were not unanimous. May I say, in parenthesis, that your Lordships may wish to consider the arrangements for widely held dissident views on a Select Committee to be more easily expressed than is at present the case? But let that be a matter for another day.

I turn to the substance of the issues before your Lordships as considered and reported on. The essential proposition set out in the draft Bill, supported by the White Paper and by the right honourable gentleman, the Deputy Prime Minister, when he gave evidence, is that there should be a fundamental change to how Members of the upper Chamber are selected while the powers and role remain unchanged. The introduction of a process of election is said to be required to meet a perceived democratic deficit. As I shall say later, I do not necessarily disagree with the concept of a properly elected Senate, but I most strongly disagree that that can and should be achieved while the role and powers remain unaltered.

I believe with complete conviction that if we move to a wholly or largely elected second Chamber, the new House will straightaway use its existing powers more aggressively and very soon be agitating for more. The Parliament Act 1949, which reduced allowable delay from two years to one, as originally proposed in 1911, will no doubt be an early target. Indeed, the 1911 Act itself, according to some authorities, may well become inapplicable, given its preamble, with which your Lordships will be familiar, on the temporary nature of its provisions pending a properly elected House of Lords.

Furthermore, the conventions, which are not part of statute law but which form such an important part of the present relationship between our two Houses, are likewise very soon to come under pressure. I see the Salisbury convention, for example, being the first of these to be questioned and, perhaps, abandoned. So I have to say to my noble friend and your Lordships that with the Bill as drafted primacy will move measurably away from the House of Commons to the new Senate, notwithstanding the aspirations of Clause 2 which, in the committee’s view, would be quite ineffective.

I turn to the intervention of the new Senators—the most likely title for these people, it would seem—in constituency affairs. It will be difficult if not impossible to prevent Senators taking up local issues brought to their attention if they so choose. Frankly, it would be wrong to attempt to do so. Perhaps some modus operandi can be found, but this matter will need to be resolved if friction is not to ensue.

Noble Lords will have observed that both the draft Bill and the Joint Select Committee report anticipate that the new Senate will be chosen by PR, probably some variation of STV. Whatever may be the merits of PR—and the British people were pretty unconvinced when they were asked about this issue last year—it will surely mean that one or more of the smaller parties, such as the Lib Dems, the Greens or even UKIP, or maybe a cocktail of all three, will hold the balance of power in the new House. No doubt that is why my right honourable friend Mr Clegg is so keen on the proposals. Other party leaders, not to mention the electorate, may be less sanguine.

I have previously taken the liberty of detaining your Lordships on the question of the 92 hereditary Peers. My position on that remains unchanged. I agree that if this Bill, for all its shortcomings, were to become law, that would mean the end of the by-elections and eventually the departure of the 92 hereditaries along with the life Peers. However, if the proposed Bill does not reach the statute book and some more limited interim measure is proposed, I would wish to reserve judgment for the present of what my view might be with regard to the by-elections.

I was also an adherent to the alternative report now before your Lordships. I do not agree with all of it, but I agree that the constitutional forum that the alternative report proposes would go a long way to meet the undertaking in the Conservative manifesto that we should seek a consensus. That is surely the right way forward, and a referendum would clearly complete that process, and it is supported by the Joint Select Committee and myself.

I dare say that I am seen as some kind of hereditary dinosaur opposed to all change, but that is not so. I am in favour of what I see as proper reform—namely, a fully elected Senate with full powers perhaps along US lines. This Bill seems to be the worst of all possible worlds, and I hope that it will not reach the statute book.

Hereditary Peers

Lord Trefgarne Excerpts

Thursday 20th October 2011 Lords Chamber

Asked By

[Lord Trefgarne]

To ask Her Majesty’s Government, following their announcement with regard to succession to the Crown, whether they have any plans to change the law of succession with regard to hereditary peerages.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, the Government have no current plans to change the laws of succession with regard to hereditary peerages. Changes to the law on succession to the throne can be affected without any change to the legitimate expectations of those in the line of succession. Changes to the rules governing succession to hereditary titles would be far more complicated to implement.

[Lord Trefgarne]

My Lords, I am grateful to my noble friend for that reply. I am anxious that he should dispel any uncertainty in this matter, which is unsettling for those who will be affected. I am grateful to him for what he has said.

[Lord Strathclyde]

I am not sure that I detected a question. The Government believe that it is time to deal with the issue of succession to the Crown, and there is no simple read-across to succession to the hereditary peerage, which is infinitely more complicated and affects many more families.

Standing Orders (Public Business)

Lord Trefgarne Excerpts

Wednesday 20th July 2011 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, I beg to move the Motion standing in my name on the Order Paper.

[Lord Trefgarne]

My Lords, before the House agrees this Motion, perhaps I may ask why we are not now hearing the outcome of the hereditary Peers’ by-elections? That would have been normal at this time and indeed was widely expected. While I acknowledge that we are sitting an hour earlier than was originally intended, was it really not possible to complete the count by now?

[Lord Strathclyde]

My Lords, my noble friend has the answer to the question in one. There is no solution because the counters are counting at the moment and have not completed their business. However, I am able to announce to the House that the announcement will be made at the end of the Third Reading of the Police Reform and Social Responsibility Bill.

Libya

Lord Trefgarne Excerpts

Monday 21st March 2011 Lords Chamber

[Lord Anderson of Swansea]

My Lords—

[Lord Trefgarne]

My Lords—

[Lord McNally]

There is another 20 minutes to go. My noble friend Lord Trefgarne was on his feet before.

--- Later in debate ---

[Lord McNally]

Noble Lords are behaving worse with 40 minutes than they did when they had 20 minutes.

[Lord Trefgarne]

My Lords, I am obliged to my noble friend. As someone who has been involved in Anglo-Libyan commercial relations for the past five or six years, I have, needless to say, received with the greatest distress what has been happening in Libya in recent weeks: the wholesale slaughter of civilians and the wounding of a great many more. I am bound to say, therefore, that I very much agree with the action that the Government took first at the United Nations and then in joining the military operations of recent days.

However, we have to be careful about the objectives that we are seeking, both military and political. The military objectives are surely simply to pave the way towards the political objectives; and the political objective seems clear, which is to provide for the people of Libya an opportunity to choose for themselves in a free and fair way who should be their leaders.

[Lord Strathclyde]

My Lords, I acknowledge my noble friend’s great understanding of Anglo-Libyan relations. I thank him for his support of the actions of Her Majesty's Government. I particularly agree with the clarity with which he put the objective, which is to provide for the people of Libya to choose their own future and political destiny.

Parliamentary Voting System and Constituencies Bill

Lord Trefgarne Excerpts

Tuesday 25th January 2011 Lords Chamber

[Baroness Ramsay of Cartvale]

I must tell my noble friend Lord McAvoy, for whom I usually have a great respect and affection, that on this occasion I cannot support his amendment. I mentioned the Scottish Constitutional Convention earlier this evening. As the noble Lord, Lord Strathclyde, knows well, the convention considered the issue of Orkney and Shetland for a long time. It was considered for separate parliamentary representation in well debated and well considered discussions. The decision was to accord separate parliamentary representation in the Scottish Parliament for both Orkney and Shetland.

I do not pretend to know Orkney and Shetland well. The noble and learned Lord, Lord Wallace of Tankerness, knows—although he is not in his place—that I have had the enormous pleasure of visiting both Orkney and Shetland with my noble friend Lord Gordon of Strathblane and his family, and with the late First Minister of Scotland the right honourable Donald Dewar, when the noble and learned Lord and his wife accompanied us on an enjoyable, informative and educational political working holiday. To visit both these areas is to appreciate at once how different they are from one another and from mainland Scotland geographically, topographically, in flora and fauna, in history and socially. They are in effect two different countries, and neither of them is like Scotland as we know it. Indeed, without going too much into the historical detail, most noble Lords are aware that Norway was the mother country in the past.

That is why, allied to the physical difficulties in connections between these two, the convention was persuaded that they should have two separate seats in the Scottish Parliament. As I explained to the House earlier this afternoon, the convention worked for 10 years on hammering out a blueprint for the Scottish Parliament—one that was almost wholly incorporated into the government White Paper and then into the Scotland Act.

The question of Orkney and Shetland was considered very carefully. Everyone in the convention was aware that there were important implications for other parts of Scotland by allowing special status for Orkney and Shetland. Such a major departure from what had been the Westminster practice of treating them as one constituency was serious but, in the end, that was agreed. In fact, when it came to the White Paper and then the drafting of the Scotland Bill, all the arguments had been so well rehearsed that there were no problems in agreeing to it. Surely that has to be an important lesson for this Government. Instead of the careful, painstaking, wide consultation that the convention provided, the Government are trying to rush this Bill through with no pretence at consulting the people of Scotland or anywhere else in the United Kingdom.

The noble Lord may point, but I have not been speaking for 20 minutes. That is the length of the debate.

[Lord Trefgarne]

My Lords, I apologise to the noble Baroness. When she said that the Bill had been rushed through, I was just pointing out we are on our 13th day in Committee.

Parliamentary Voting System and Constituencies Bill

Lord Trefgarne Excerpts

Monday 17th January 2011 Lords Chamber

Moved by

[Lord Trefgarne]

That the Question be now put.

[Lord Trefgarne]

My Lords, I have listened to a number of speeches this evening. Many of them are an abuse of the procedures of this House and others have been demeaning to this House in the face of a wider public. Therefore, with the utmost regret, I beg to move that the Question be now put.

[The Lord Speaker (Baroness Hayman)]

My Lords, the Companion is very clear as to the procedure when a Motion that the Question be now put is moved. It instructs me to read to the House in the following terms:

“I am instructed by order of the House to say that the motion ‘That the Question be now put’ is considered to be a most exceptional procedure and the House will not accept it save in circumstances where it is felt to be the only means of ensuring the proper conduct of the business of the House; further, if a member who seeks to move it persists in his intention, the practice of the House is that the Question on the motion is put without debate”.

I therefore have to ask the noble Lord, Lord Trefgarne, whether, in the light of that advice from the Companion, he wishes to persist in his intention.

[Lord Trefgarne]

My Lords, I do so insist.

--- Later in debate ---

[Lord Trefgarne]

My Lords, the noble and learned Lord complained that I had brought the debate to a close. I did nothing of the sort; the House did.