Business of the House

Lord True Excerpts

Tuesday 26th March 2019 Lords Chamber

Moved by

[Lord True]

To leave out from first “that” to the end and to insert “this House declines to consider the draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019 until a report from the Joint Committee on Statutory Instruments on the draft Regulations has been laid before the House, as it is not in accordance with the practice and traditions of the House to consider significant affirmative instruments laid by Her Majesty’s Government without prior consideration by that Committee.”

[Lord True (Con)]

My Lords, I thank the Leader of the House for what she has said and, if I may, I will respond to that in my opening remarks, rather than at the end. For the avoidance of doubt, I must make it clear that I do not have any intention of using this amendment to either extend or not extend our stay in the European Union. Noble Lords who have followed our debates know my view. I deplore the fact that we are not leaving on Friday, but I recognise the circumstances that the Leader of the House has referred to; I personally will not make, recommend or participate in any attempt to talk out that statutory instrument, and I know of no proposal to do so. Therefore, any such suspicion is completely unfounded and it is no pretext for the Executive to evade the normal procedures of Parliament on these highly significant regulations that we will debate tomorrow.

Having set that aside, perhaps I may get on to the fundamental point that I want to make. I speak as someone who spent 13 years in the usual channels of this House and who has been a Member in the nine years that have followed. I have come to understand that there is no greater protection of this House, or indeed of Parliament as a whole, than the freedoms that your Lordships enjoy in procedure and the duties that are laid on the Executive. It is the flexible freedom that we have, and the demands that we are able to make of the Executive, that have enabled this House to become the undoubted master of scrutiny.

In these troubling constitutional times I submit that, wherever we stand, it is more important than ever that the House should protect its working procedures. If the Executive is incoherent and not consulting Parliament soon enough—or not consulting it enough—and if the other place now collectively purports to act as the Executive, then who provides the scrutiny if not this House and its committees?

The Joint Committee on Statutory Instruments is not a committee of this House but of both Houses. It exists to protect both Houses against the inappropriate exercise of powers by the Executive. We have in our Standing Orders something the other House does not: a requirement that a report is laid before Parliament by that committee before an important matter is debated. This Standing Order is a protection not only for this House but for the other.

The Joint Committee does a remarkable job. Over the last 18 months it has almost invariably met weekly on Wednesdays; we have heard my noble friend the Minister confirm that it will be meeting again tomorrow—I imagine at 3.45 pm, as always. Since November 2017, it has produced 56 reports, drawing 163 statutory instruments to your Lordships’ attention. Anyone who follows its work knows its importance.

I will not concern myself with the merits of the statutory instruments that might—and will—be considered by the Joint Committee. Neither will I consider this particular statutory instrument, which is not before us today. What is before us is an exceptional Motion from the Executive to set aside our Standing Orders and potentially defeat the need for a report on this very important SI by your Lordships’ Joint Committee before we debate this momentous matter.

In the Explanatory Memorandum just one reason is given. Paragraph 3.1 says that,

“there will be insufficient time for the Committee to report on this instrument in the normal manner”.

I ask your Lordships to hold that phrase, “in the normal manner”, in mind. The Leader of the House says that we have to vacate Standing Order 72. I will come back to the question of time, but let me draw your Lordships’ attention to the exceptional nature of the Leader’s Motion before us: to bypass the requirement for a report from this key parliamentary committee for both Houses. The clerks have told me—I am grateful for their advice—that there have been four such Motions this century—just four. One of those was last October when the Joint Committee was not even in existence.

This underlines the exceptional nature of a Motion to set aside our Standing Orders requiring the Joint Committee report to be laid before the statutory instrument is moved. I do not believe that this vacation of the duty of the Joint Committee to report can be justified, particularly as my noble friend the Minister has confirmed that the Joint Committee is meeting tomorrow to consider the matter. I do not accept the plea that there was no time. My noble friend the Minister has told us that the Joint Committee was informed last Friday. Its guidelines say that it is normal for the Joint Committee to take five working days to consider a matter, but equally the guidelines make provisions for it be done more expeditiously. I have no doubt—

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am having some difficulty in following the noble Lord’s line of argument. I would have thought that his remarks would be better directed at the Prime Minister. After all, it is she who has prevaricated about letting the House of Commons make the decision in this regard and then twice ignored its views. With the greatest respect to him, given the dire situation that we are in, what alternative do we have but to take this SI as soon as possible?

[Lord True]

My Lords, the noble Lord makes a political point.

[Noble Lords]

Oh!

[Lord True]

I was seeking to make a procedural point on behalf of your Lordships’ House. Our normal procedures are not there to protect the Government, let alone to protect them from any criticism, but to protect Members of your Lordships’ House and of the other place to allow them to make representations and for us to hear a considered report. I believe that that is the procedure that we should follow.

--- Later in debate ---

[Baroness Evans of Bowes Park]

I have said that this is an unusual situation: that is why I am here asking the House to agree that we can do this. It is only right to do that. This has been done on a number of occasions. I am not saying in any way that this is a usual situation; I have tried to set out the timeline that has led us to this and I say again that I believe that, for the country, our discussing this SI tomorrow and—I hope—passing it will mean that this House has played an important part in providing certainty to our citizens and businesses so that we can move forward and leave in an orderly fashion. On that basis, I hope that my noble friend will consider withdrawing his amendment.

[Lord True]

My Lords, before I respond, will my noble friend comment on one thing? She said that it is not for her to ask a committee to sit on a certain day. The guidance from the JCSI to government departments states at paragraph 3:

“If, in exceptional circumstances, a Department wishes an affirmative instrument … later than the normal deadline to be considered at a particular meeting, a letter from the relevant Minister to the Chairman of the JCSI will be required setting out the reasons why expedited consideration is thought necessary and why the instrument was not laid sooner”.


Did the Government send such a letter to the chairman of the JCSI?

[Baroness Evans of Bowes Park]

I understand that my noble friend has written to the JCSI, but I repeat that it is for that committee to decide when it sits and to decide its programme of business. As I said, we have given a preview of the SI to the committee. I trust its judgment and I fear that, no matter what the pushing, I am not going to dictate what that committee does.

[Lord True]

I am afraid that that means that the Government have refused to accept an open offer from this committee to all government departments for expedited procedures—an extraordinary decision in the case of one of the most significant statutory instruments ever to be laid before Parliament, whichever side of the argument you are on.

The logic of what we have heard from my noble friend, whom I greatly respect, is this. Tomorrow, your Lordships’ House will be asked to meet and start considering this statutory instrument. A few minutes later, somewhere in this House, the Joint Committee will start deliberating, as we have heard, on its significance and potential impact. Your Lordships will be invited to take a decision; the poor old Joint Committee will reach some conclusions and your Lordships and the other place will never be advised of them before the decision is made. This is an absurd position. In any sense, it cannot be right.

We are talking here of printing. We live in the 21st century. Are we really saying that a committee that deliberates tomorrow afternoon cannot print a report and have it before your Lordships’ House by Friday? It could be put on pieces of paper like those in my hand.

[Lord Trefgarne (Con)]

I apologise for not having been present for all of this consideration. I have to tell my noble friend Lord True that the Select Committee on statutory instruments of your Lordships’ House has met and prepared a report that will be available to your Lordships tonight.

[Lord True]

I am grateful for the intervention from my noble friend. However, the position in our Standing Orders and constitutionally is that the Joint Committee on Statutory Instruments—a Joint Committee of both Houses, not just your Lordships’ House—considers important affirmative instruments and presents a report. My noble friend’s committee’s report will be immensely valuable but it cannot have the authority of a Joint Committee, which will have authority and distinction in both Houses.

[Lord Hunt of Kings Heath]

My Lords—

[Lord True]

I have given way to the noble Lord before.

[Lord Hunt of Kings Heath]

I want to say something about the intervention we have just heard from the noble Lord, Lord Trefgarne. He is chairman of the Secondary Legislation Scrutiny Committee of your Lordships’ House, which has to be distinguished from the JCSI. I thought it would be helpful to have that acknowledged.

--- Later in debate ---

[Lord True]

I am so grateful; that was a procedural point from the noble Lord, not a political one.

This is a sensible, grown-up House; we do not need to deal with these things by Division. Is not the sensible thing for the usual channels to take this away and for my noble friend not to press her Motion, which creates a precedent for the future? If this type of Motion becomes normal, it will have a chilling effect on future Oppositions and Governments as time goes by.

The sensible thing would be for the usual channels, in discussion with the Joint Committee, to take this away, have some discussions, not press this measure and report to the House tomorrow, before we can lay a document. In fact, they can lay a document while the House is still sitting this evening, or let us know by making a Statement. Then, we can decide whether it is necessary to go ahead with the farce of considering this tomorrow, while the Joint Committee is meeting down the Corridor. We could still then take the business later tomorrow or on Thursday. I do not accept the argument about printing. Will my noble friend consider having consultations with the usual channels and Cross-Benchers?

I was going to make the point that the noble Lord, Lord Pannick, made. I am not a lawyer and I said I would not go into the merits of the statutory instrument. As a lay man, it seems to me astounding that it was not the date—that it must be open to challenge. The other thing is the potential effect of a charge on public funds which might arise from staying in the European Union, which the Joint Committee also looks at.

It would be safer for this House and the other place to have the benefit of a considered report to which representations can be made. I urge my noble friend to take it away, consider it in the usual channels with interested parties and bring it back later tonight or tomorrow. If she will do that, I will reflect on what she said and decide whether I wish to divide the House, which I would rather not do. It is not my intention to do so in any circumstances and is not conditional on what she says. Will she consider that proposal?

[Baroness Evans of Bowes Park]

I am afraid I cannot give my noble friend that assurance. We have discussed this through the usual channels. This is an important SI that we need to see through and I hope I have explained the reasons why. I acknowledge that these are unusual circumstances—I have accepted that and said so quite readily at the Dispatch Box—but for the sake of the country we need to look at and discuss this SI tomorrow, as the House of Commons will. I hope my noble friend will withdraw his amendment, but I am afraid I cannot accede to his request.

[Lord True]

My Lords, I regret to say I find that a highly unsatisfactory response and not in the spirit of co-operation across the House. But I see no point in dividing if my Front Bench and the Labour and Liberal Democrat Front Benches are not interested in debating with the benefit of the Joint Committee on Statutory Instruments. There is very little a mere Back-Bencher can do, so I beg leave to withdraw my amendment.

Amendment to the Motion withdrawn.

European Union (Withdrawal) Bill

Lord True Excerpts

Ping Pong (Hansard): House of Lords
Wednesday 20th June 2018 Lords Chamber

[Lord True (Con)]

My Lords—

[Lord Adonis]

I am not giving way. The noble Lord spoke at huge length on Monday and I am taking my opportunity to speak.

To my great surprise, this satisfied Mr Grieve. All I can say, having, like other noble Lords, spent more than 100 hours in this House on the European Union (Withdrawal) Bill, is that I simply do not trust the Government to uphold these constitutional conventions. The noble Lord, Lord Callanan, David Davis and Jacob Rees-Mogg are not interested in parliamentary conventions; they are ruthlessly determined on a hard Brexit. It is not only them; the Prime Minister now routinely ignores resolutions of the House of Commons —because she so often loses them—and has propounded a remarkable new constitutional doctrine that the Government regard themselves as bound only by statutes, not by other resolutions of the House of Commons.

It was precisely because of this dangerous new doctrine of government sovereignty trumping parliamentary sovereignty—

[Lord True]

My Lords—

[Lord Adonis]

My Lords, I have made it very clear that I am not giving way to the noble Lord.

It is precisely because of this dangerous new doctrine of government sovereignty trumping parliamentary sovereignty that those of us standing up for parliamentary democracy sought to enshrine these key procedural issues in the Bill. It is a sad day for Parliament that we did not succeed and that we may now be dependent on the Government to observe conventions that they have so far been unwilling to preserve.

I will make one final point on the position of this House. We have been remarkably assiduous on this Bill. I think it is true to say that we have spent longer debating it than any other Bill in our entire 800-year history—and, tellingly, we spent about 50% longer debating it than did the House of Commons. As a long-serving Member of your Lordships’ House, perhaps I may be allowed to say that our besetting weakness in this House is self-congratulation. It is not helped by the fact—I learned this trick as a Minister—that making a great show of congratulating the House on the brilliance of its revision is a seduction technique to minimise the extent of that revision.

In defence of the noble Lord, Lord Callanan, he has not gone in for much seduction, but there has been far too much self-congratulation on the other Benches of this House in the face of the reality of the situation that we face. The reality, as I see it, is this. We are presently on course for a hard Brexit and there is still no provision in statute to prevent such an outcome. On the contrary, the Government, with wafer-thin majorities—but none the less sufficient majorities—in the House of Commons have fought off all attempts at setting new national policy on a sensible and credible course. The truth is that for those of us in both Houses of Parliament who favour a sensible Brexit, and a people’s vote to allow the people to stop Brexit—

--- Later in debate ---

[Lord Adonis]

My Lords, I am drawing my remarks to a close. My noble friend can speak in a minute.

The truth is that those of us who favour a sensible Brexit or a people’s vote to allow the people to stop Brexit have suffered an unmitigated defeat on this Bill. Victories are not made up of accumulated defeats. We need to start winning soon or the country will lose very badly when the British people are forced into a hard Brexit that will make everyone poorer in only nine months’ time.

[Lord True]

My Lords, when the noble Lord declined to give way either to me or to his noble friend Lord Grocott, one of his explanations was that on Monday I spoke for too long when I troubled your Lordships with a brief intervention. I invite the historians of our debate to examine how long and how often the noble Lord, Lord Adonis, has spoken in comparison with some of the rest of us.

I have listened to the comminations of the noble Lord, Lord Newby, my noble friend Lord Cormack and at length of the noble Lord, Lord Adonis. I note the empty Benches of the Labour Party opposite. The party which fills those Benches tried to stop this Bill and then sends its people home when it thinks it has no chance of bringing the Government down—

[Baroness Hayter of Kentish Town]

We have never tried to stop this Bill.

[Lord True]

I am old enough to know that you should judge people by their actions, and I have been watching them over the past few weeks.

I do not often say this, but I have a great deal of respect for the Liberal Democrats who are absolutely consistent in their view, and the noble Lord, Lord Newby, has honourably declared it. Others waver. I respect the noble Lord, Lord Adonis, for his view, but the minority in this House who actually reflect the majority opinion in this country do not need moral lectures and I believe that we should now proceed to vote. If the noble Lord, Lord Adonis, or the noble Lord, Lord Newby, feel as strongly as they have told this House and the country about this matter, let them now divide the House and thus show where their opinions stand.

Housing and Planning Bill

Lord True Excerpts

Wednesday 13th April 2016 Lords Chamber

[Lord Shipley]

My Lords, before the Minister replies, I would like to be really clear about what is being said—in part, following what the noble Lord, Lord Porter, said a little while ago. I understand from what the Minister told us that there will be a further amendment at Third Reading on the matter of high-value homes. I would appreciate confirmation of that when she replies. Will the Government leave with local authorities enough money from the sale of higher-value homes to build replacement homes? That is what I heard the noble Lord, Lord Porter, say but that is not explicitly stated in the letter we received just before 3 o’clock this afternoon. I would just like to be really clear about that one-for-one replacement. One of our concerns in Committee was that there was to be a two-for-one replacement in London but not—in the Bill—a one-for-one replacement in the rest of England. I think the House would find it helpful to know exactly what the Government propose here.

[Lord True (Con)]

My Lords, I will briefly intervene as a member of the London Councils Leaders’ Committee. I will not follow my noble friend Lord Deben, who occasionally joins us for our deliberations on this Bill to launch an attack on local authorities. Perhaps he could bring a different 1990s LP next time he comes to us, as we have heard that little speech before.

I am very grateful to my noble friend on the Front Bench and to the Secretary of State. They have listened—I want to address this in a positive way—and are seeking to deal with a very real problem within the context of a clear manifesto commitment. In Committee, we teased out significant issues that needed to be addressed. This is manifest evidence that the Government wish to address some of those problems. The noble Baroness, Lady Hollis, put the worst construction on it and said that 51% or, in some cases, 100% of the relevant property might have to go. In all generosity, I do not think that is what my noble friend intends or is what she said. She said in her letter that she was “clear” that she wished to see,

“at least one new affordable home for each dwelling that is sold”.

I accept what she said in writing.

There will still be things that we have to consider as we go forward—for example, whether in some large boroughs the social housing in one ward could be more expensive than that in another ward not too far away, so a local element will be needed if we are to sustain mixed tenure and mixed communities, which is important. The drafting of the regulations is not a question on which to detain your Lordships today but we could look at the implications of higher value within local authority areas. However, I unequivocally welcome what my noble friend has laid before us and I know that many people in many parts of London—local authority leaders of all parties—also welcome it. I am very grateful to her.

[Lord Kennedy of Southwark]

My Lords, it is good that we all agree that we should build more homes and have more housing. We often fire at each other the records of previous Governments as regards what Governments are or are not doing, who built the most houses when, and what type of houses were built. I am sure that we will carry on doing that in future debates, but it is good that we all agree that we need to build more houses.

As I have told the House before, I grew up on a council estate in Southwark in south London. I have always been very grateful to the council that gave us a house that was clean, warm, safe and dry. Our family was very happy there and we kids were able to do our homework and not do too badly in the world—I hope. However, I have some concerns when we talk about affordable housing. I want to see more social housing built, such as council housing and housing association housing. I worry sometimes that we get into debates about affordable housing when homes at 80% of the market rate in some parts of London do not seem very affordable to me. That is a worry I have and I will come back to it. I also think that communities, whether in rural areas, small towns or villages or big cities, need homes for people on modest incomes, low incomes or high incomes to live side by side to make sure that our communities work. Whatever side of the House we are on, we should ensure that we work to do that.

Some of the government amendments in this group seek to replace the word “high” with “higher”. I am sure the noble Baroness knows that this concept initially caused alarm and that people wondered what was going on. It will be no great surprise to her to hear that some people were a bit suspicious about what the Government were up to and why they wanted to insert the word “higher”. So her clarification is very welcome and I thank her very much for it.

Her general comments were also very helpful and useful. As the noble Lord, Lord Porter, outlined, no one knows better than he and his colleagues in South Holland the needs of South Holland—as is the case with my noble friend Lord Beecham in Newcastle, and other noble Lords in relation to their areas. It is important that we ensure that local councils, councillors and council leaders are fully involved in whatever measures we bring forward as they are aware of the needs of their area. It will be helpful to do that at Third Reading. It would also be helpful if the noble Baroness would clarify again what she intends to bring back at Third Reading—but generally I very much welcome her comments.

Proposed Changes to the Standing Orders of the House of Commons

Lord True Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Cunningham of Felling (Lab)]

My Lords, briefly, I support the Motion in the name of the noble Lord, Lord Butler. I have had the honour to chair two Joint Committees of Parliament. The report of the first was unanimously rejected by both Houses. However, the second report, Conventions of the UK Parliament, was unanimously adopted by both Houses of Parliament. It contained a number of matters of relevance to this issue—not least the fact that electing your Lordships’ House would inevitably lead to a constitutional confrontation between an elected House of Commons and an elected House of Lords.

However, that is not the point that I want to make in support of the noble Lord, Lord Butler. A change in the Standing Orders is a cleverly thought-up device—whether by a politician, an adviser or a lawyer advising the Government, I do not know—to enable this matter to proceed. But it does two things. First, it has as yet unknown and perhaps profound implications for the constitution and the governance of our country. Secondly, de facto it prevents this House having any say in the matter. We can debate it, of course, as we are doing now, but we cannot have any impact on it.

A Joint Committee of both Houses is the best and most sensible way forward, rather than rushing into decisions which change the constitutional relationships between the two Houses. As my noble friend has just pointed out: who knows where they will lead? We have just had some examples of where they could lead. My strong belief is based on my personal experience in both Houses. Many Members present served on the committees that I had the honour to chair—not least the noble Lord, Lord Forsyth, but many others, too. We reached our conclusions in the committee unanimously and without a vote—no divisions of any kind took place. That report, Conventions of the UK Parliament, has some lessons to teach us about what is now proposed.

[Lord True (Con)]

My Lords, we are one Parliament but two Houses. That is symbolised in the Messages that go forth between green and red ribbon. As the noble Lord, Lord Lisvane, said, comity between the two Houses may sound arcane but it is actually an extremely important principle of the way in which we conduct ourselves.

I believe that we should confine ourselves to looking at the Motion that is before us. I may agree with some of the things that are said about the underlying policy, but the Motion before us is that we should seek to set up a Joint Committee that would presume to report on what the House of Commons should do in its Standing Orders.

It would be a move which was not invited by the House of Commons nor sought by the Joint Committee on Conventions for your Lordships to say that we in this House presume to say to the House of Commons how it should conduct its internal affairs. Questions on House of Commons matters are by convention not permitted in this Chamber; we do not ask them. It is a principle that we do not seek to construe the internal matters of the House of Commons.

Standing Orders are quite important. A very important principle in parliamentary law is the provision that prevents tacking. Tacking was the abuse by the House of Commons of financial measures to add things to them that the House of Lords could not amend because of financial privilege. It is not in any statute; it started as a Motion passed by your Lordships’ House and it now sits as a Standing Order in this House that the House of Commons should not do that. The House of Commons has respected that for 300 years—it is just a Standing Order in this House. It is an example of the importance of preserving. We may have a wider interest in preserving the principle that one House does not presume to construe the internal proceedings of another. We can have all the consideration in the Constitution Committee; we can have debates; we can have discussions. But for us to vote to set up a committee which presumes to tell the House of Commons what its Standing Orders should be—

[Lord Gordon of Strathblane (Lab)]

When the noble Lord makes that statement, I think he fails to take account of the wording of the Motion and the opening remarks of the noble Lord, Lord Butler, which are expressly that it is expedient that a Joint Committee be set up—not that this House sets one up, simply that it is expedient that it be set up. That is surely rather important.

[Lord True]

My Lords, if it is simply a question of expediency, one can make a declaratory statement in a debate. This Motion is intended to send a message to the House of Commons and there is no question about it. The committee is invited in the Motion to report specifically on the proposals for changes in the Standing Orders of another place.

We would not care for it very much if we heard from the House of Commons that they had had a debate and were sending us some suggestions as to how we should change the internal proceedings of your Lordships’ House, or if we should be told by people from the House of Commons who might vote on a particular measure.

[Lord Reid of Cardowan]

May I ask the noble Lord to read the Motion again? It is not to inquire into the Standing Orders; it is to inquire into the constitutional implications of the change. In that sense, in what way would it be improper for this House to consider the implications for the constitution of this country?

[Lord True]

My Lords, I have the greatest respect for the noble Lord, Lord Reid, but I have read the Motion, which proposes that the committee should,

“consider and report on the constitutional implications of the Government’s … revised proposals to change the Standing Orders of the House of Commons … and that the committee should report on the proposals”,

not on the constitutional implications. It is a specific invitation to report on the Standing Orders of another place. I do not think that is wise; I do not think that we should invite the House of Commons to interfere in our affairs and our Standing Orders. We can make clear the concerns and feelings that we may have about these proposals in many other ways, but I urge your Lordships not to trench into the privilege of the Commons and to hold back. Whatever we may think, if the noble Lord, Lord Butler, were to put this Motion to a Division—I hope he will not—it would be construed as a challenge not just to the policy but to the right of the House of Commons to direct its own affairs. I do not think that would be a sensible procedure for this House.

[Lord Wills (Lab)]

My Lords, the noble Lord, Lord Butler, has done Parliament a great service by bringing forward this Motion. As he and many others have said, the Government’s proposals are of profound constitutional significance and, as such, they deserve the kind of deliberative scrutiny that this Motion envisages and which the Government are so far refusing to allow.

The arguments in favour of the Motion have been made so extensively and so well that I do not intend to repeat them except to say that I agree with all of them. But several noble Lords, including the noble Lord, Lord True, who has just spoken, have rightly been wary about intervening in the proper concerns of the House of Commons. As a former Member of the other place, I understand that and I think they are right to be wary. But in pursuing his proposal, the noble Lord, Lord Butler, is doing no more than seeking to implement the recommendations of the Royal Commission on the Reform of the House of Lords so ably presided over by the noble Lord, Lord Wakeham. That said that one of the key functions of your Lordships’ House is to act as a constitutional longstop. The noble Lord, Lord Wakeham, may recall the words of his royal commission, which stated that the key purpose of your Lordships’ House is to act as a constitutional longstop to ensure that,

“changes are not made to the Constitution without full and open debate and an awareness of the consequences”.

That seems, purely and simply, what the noble Lord, Lord Butler, seeks to do with this proposal. I hope this House will support him in pursuing it.

House of Lords: Size

Lord True Excerpts

Thursday 12th December 2013 Lords Chamber

[Lord True (Con)]

My Lords, it is always a great pleasure to follow the noble Lord, and I agree wholeheartedly with what he said about arbitrary solutions. I thank, as have other noble Lords, my noble friend Lord Norton of Louth for initiating this important debate. However, sometimes, and increasingly, it seems that debates about our own future are becoming like the story of Penelope’s tapestry in Homer’s Odyssey: great labour, ingenious designs, but of it there never comes an end.

That this House should be comfortable with itself is important. But if the belt fits a little tightly at some times and in some places, is that the end of the world? We did not need too many sharp elbows to get to our places this afternoon; some looking on will be bemused at the idea that a House so allegedly overcrowded looks so empty. What is so urgent or damaging about this alleged problem that it claims our monthly attention? Surely it cannot be that some, as well as not wanting hereditary peers any more, do not want too many more like ourselves. I express my unqualified welcome to new Members of the House on all sides—I am sure they will enrich our work.

Most of your Lordships have recently rejected a reduction in the size of the other place. The House also set its teeth, as my noble friend Lord Tyler said, against the solution of election of a set number of Peers to stock the political Benches of this House. That would be the easiest way to set a cap on the political sides of the House, while preserving through appointment the independent expertise of the Cross-Benchers.

This House is still one of the cheapest in the world. Why are we agonising so much about cost? It continues to be a House of expertise, unpaid and part-time. Few here want to change that. Such a House inevitably needs a larger pool of Members from which to draw to do its work. There are high hopes of proposals for permanent retirement, and I welcome them, although I could not support a payment to leave. Voluntary retirement would be preferable to compulsory ejection of Members who reach a certain age—and I agree fully with the comments of my noble friend in the report of the Commons Select Committee on this issue.

In a country where policy-making and comment on it is ever more dominated by people under 45, while the growing majority of the electorate is—and will continue to be for the foreseeable future—over 45, it seems highly eccentric to seek out one of the few parts of our constitution where the voices of older, more experienced people are regularly heard and to force them out. It is often a little more experience and a much longer view we need in the counsels of the state, not less. So I am against age limits.

The arguments for a formal cap on the size of an appointed House raged three centuries ago over the Peerage Bill in 1719, and were skewered very effectively by Robert Walpole in debates on that legislation, not only by frightening his fellow MPs that, if they voted to limit the size of the House of Lords, a pleasant retirement home would be denied them, but on the more serious basis that a firmly capped unelected House could not be overborne by new creations if it brought a government to deadlock. Creation to secure the Crown’s business was needed or threatened in 1711, 1832 and 1911, and some of us are old enough to remember hearing Tony Benn call for 1,000 Peers to carry Labour’s programme of 1976. Even with the cumbersome blunderbuss of the Parliament Act, an unelected House can still disrupt business, as we all recently experienced. There needs to be an ability to break a cap, and defining that would be difficult.

Nor is a moratorium reasonable for obvious reasons of renewal and political balance. Roughly half the existing life peerages were recommended under the Blair Governments of 1997 to 2007. It is a little chary, in this light, to chunter that my right honourable friend the Prime Minister is overegging it. Mr Blair allowed only 49 Conservative Peers in his first two Governments; my right honourable friend has allowed 44 additions to a Labour Party that was already the largest in the House in one as yet uncompleted term. In his first three years, Mr Blair appointed Labour Peers at a rate 50% faster than that allowed himself by Mr Cameron in appointing Conservative Peers. Mr Cameron has, by contrast, been actually restrained.

We have been through a stage of exceptional creation—a missile-building period—and the House will take time to get over the hump of those massive creations. But I think that it can return progressively, as I hope that it will, to the lower rates of creation that were standard in the past. There may well need to be a steady decommissioning of the stacks of Back-Bench ICBMs, waiting in the Bishops’ Bar to come into Divisions—but with patience and a will, it can be done. Even in the quarter century from 1905 to 1929, which included the Lloyd George era, the average was 11 creations a year. In 1929 to 1955, with many changes of Government, it was 12. Those figures are less than the number of those leaving the House in every year so far this century—and, with an average age of 70, sadly, the number of leavers is likely to be steady in the years ahead.

We should be far more relaxed on this score, stop constantly fussing about the matter and turn our attention to other affairs of state, although I think that ingenious heads might come together in the usual channels to consider the active House and the escalating size of Divisions, the main reason why many are called to the House day by day. Pairing would be extremely difficult in this House, partly because of the coalition but also because of the existence of Cross-Benchers. However, a search for a START treaty in the usual channels might bear fruit, if searched for. If some of the Peers who do not intend to take part in proceedings could be slipped from the duty to vote, the House could keep, and draw on, the pool of their wisdom while not flooding the byways of the House for the more humdrum Divisions that punctuate our lives. That task would be difficult but I hope that the Front Benches might rise to that challenge and prefer it to mechanistic and legislative solutions.