Procedure and Privileges Committee

Debate between Viscount Hailsham and Lord Grocott

Tuesday 5th July 2022 Lords Chamber

[Lord Grocott (Lab)]

All I can say is that, if the noble Lord, Lord Strathclyde, backed the proposal I put forward at the time, he did it in a very opaque way. Check the record, by all means, but I fear that his memory may be serving him as badly as the Prime Minister seems to be serving him.

The other change, of course, was to the functions of the Lord Speaker. Every single stage of that was resisted as being a serious threat to our democracy.

At all stages, once a change has been tried, no one has ever suggested going back. So let us get this in proportion. At the very least, let us finish at 8.30 pm and start an hour and a half earlier, if necessary accepting the amendment in the name of the noble Lord, Lord Young, and doing it on an experimental basis. Let’s not get too worked up about it—let’s just do it.

[Viscount Hailsham (Con)]

My Lords, I rise briefly to support the amendment tabled by my noble friend Lord Forsyth and, if necessary, either of the amendments in the names of my noble friends Lord Taylor of Holbeach and Lord Young of Cookham.

I declare an interest, although I do understand that in doing so, I might induce some of your Lordships to vote for the substantive Motion. This House contains many Members for whom membership is not their sole or main occupation, and I am one such. As the register of interests will make clear, I still act as a legal assessor to regulatory panels and frequently, the class of case that I do finishes in time for me to participate in the afternoon business of the House. The substantive Motion, if agreed, would diminish the occasions when that was possible.

That brings me to my main point, which I express in general and not personal terms. One of the generally acknowledged strengths of this House, increasingly unlike the House of Commons, is that many Members of it have business, professional, commercial and other demanding activities outside their membership of this place. They bring to this House current and personal experience which is of great value to their deliberations here. The substantive Motion would inevitably diminish their ability to do so and, perhaps, the willingness of such people to join this place. In my view, that would be a very great loss.

The second point is perhaps a more speculative one, and it echoes what my noble friend Lord Forsyth was talking about. When I was first in the House of Commons, we usually voted at 10 pm. That was often very inconvenient from a social perspective, but it had two great advantages, both of them touched on by my noble friend. First, it was a very effective way for Back-Benchers to express their concerns to Front-Benchers. “I will see you in the Lobby” was a frequent and genuine response to the request by a Back-Bencher for a meeting with a Front-Bench colleague. Secondly, it reinforced the collegiate character of Parliament, which I believe to be very important. The advent of family hours in the House of Commons, for which I acknowledge there was a legitimate case, removed the first advantage and greatly diminished the second. I fear that by making the changes suggested in the substantive Motion, we would bring about very much the same result as the changes made in the House of Commons.

So I have concluded that the advantages proposed in the substantive Motion are not sufficient to compensate for the disadvantages which I hope I have briefly identified. Therefore, I will strongly support the amendment in the name of my noble friend Lord Forsyth.

Elections Bill

Debate between Viscount Hailsham and Lord Grocott

Report stage
Monday 25th April 2022 Lords Chamber

[Lord Grocott (Lab)]

My Lords, we have heard three splendid speeches, and I intend to be very brief. I will pick up on a comment made by my noble friend Lord Blunkett, who is of course quite right that the public will not be interested or involved in the details of this legislation. But I have no doubt whatever that they have an acute sense of fairness. In Committee, I suggested that, for the Government to give instructions to the Electoral Commission is akin to a party in a football match—one of the two teams—giving instructions and guidance to the referee prior to the match. I do not think that anyone in Britain would think that that was a fair situation. I do not think that anyone could seriously contend that that is not what would happen if these two clauses become law.

What I find particularly persuasive is that this letter from the Electoral Commission, which many of us have, is, unsurprisingly, signed by every single member bar the Conservative nominee—I make no criticism of the fact that he did not sign it, but it was signed by everyone else. It argues against these two clauses. As they say,

“It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Government to guide the work of the Commission – is inconsistent with the role”


of an “independent electoral commission”. If anyone is wavering on this, just substitute the words “Conservative Party” for “Government”. It is nothing to be ashamed of, and I strongly support political parties; I have been in one all my life and I would go as far as to say that they are the lifeblood of our democracy. I do not regard as superior human beings those people who have not joined political parties. If we substitute the word “Government” with “Conservative Party”—because of course Governments consist, in the main, of one political party—it reads as follows: “It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Conservative Party to guide the work of the Commission – is inconsistent with the role of an independent electoral commission.” Is there anyone here who could possibly dispute that statement? Forgetting about the Government for a moment, for one political party in a contested situation—which is precisely what elections are, which is why they can get fraught and need adjudicators—to give an instruction to the referee, or the Electoral Commission in this case, is clearly inconsistent and unacceptable as part of our electoral procedures. I urge everyone to see the fairness of that argument and to support the amendment from the noble and learned Lord, Lord Judge.

[Viscount Hailsham (Con)]

My Lords, I rise very briefly to support the amendment put forward by the noble and learned Lord, which has, if I may say so, attracted very wide support on all Benches of this House.

Others have already identified some of the aspects of Clause 15 that are truly objectionable, so I will not go into any great detail, save to say that, on any view, the powers given to the Secretary of State are very extensive. They are, as has been said by a number of your Lordships, designed to make the commission an implementer of government policy. The requirement on the Government to consult is extraordinarily limited, and the obligation on the commission to report compliance will expose the commission to the cry “Enemies of the People”, as happened in 2016 when the judges held that Brexit required the consent of Parliament. I might remember, too, that the Lord Chancellor of the day did not push back on that criticism. I acknowledge that the substantive statement is subject to the affirmative resolution procedure, but I also point out that, in the House of Commons at least, that will be the subject of the most strenuous whipping. In any event, of course, the statutory instrument procedure is not subject to amendment.

I have been in public life for 40 years—not as long as my noble friend Lord Cormack, but perhaps long enough—and I have come to a very settled conclusion: if you give powers to the Executive or to officials, in time they are certain to be abused or misused. That will certainly happen. As my noble friend Lord Young of Cookham—I have known him for over 60 years—rightly pointed out, the present Prime Minister illegally thought to prorogue Parliament. I am told by reading the newspapers that, at this moment, the Government are thinking of simply abrogating the Northern Ireland protocol—a treaty obligation to which the Prime Minister signed up very recently and on which, at the time, he incorrectly stated that it did not create a hard border between Northern Ireland and the rest of the United Kingdom.

As has been rightly said, in particular by the noble Lord, Lord Grocott, election law is extraordinarily sensitive. I for one am not prepared to give powers to a Government that, if used, misused or abused, will certainly damage yet further the respect for our democratic institutions. It is for that reason that if, as I hope, the noble and learned Lord moves to test the opinion of the House, I shall support him.