Ministerial Appointments: Vetting and Managing Conflicts of Interest

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Tuesday 24th January 2023 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, the Minister has laid great emphasis on due process, which we understand, and there is an inquiry going on, which we understand. Will she agree voluntarily to bring to the House a Statement once the outcome of this investigation is known?

[Baroness Neville-Rolfe (Con)]

Statements to the House are a matter for the usual channels. However, given the interest in this matter it is quite possible for noble Lords to raise Questions, and Statements are often made on important matters of the day. I cannot make a specific promise, of course, but I understand where the noble Viscount is coming from, and that the House wishes to know and to be kept informed.

Independent Adviser on Ministerial Interests

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Wednesday 30th November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I can only repeat the point that the Prime Minister has been in office for only 31 days; he has had a hugely demanding agenda to deal with, not least on the economic side. He has made clear that he is appointing an independent adviser. That process is in hand; noble Lords need to give us some rope.

[Viscount Stansgate (Lab)]

My Lords, the Minister has told the House that the delay in appointing an independent adviser has not interfered with the existing ongoing investigations. Nevertheless, do the Government not understand the damage being done to the credibility of government and the democratic process by not having an independent adviser?

[Baroness Neville-Rolfe (Con)]

My Lords, the machinery of government goes on. As I explained in my Statement, managing ministerial interests, including the management of those on the appointment of new Ministers, is continuing with the Permanent Secretaries in the Cabinet Office and with the head of the Civil Service. I do not think there is a lot more that we can do than appoint an independent adviser of the right kind. As somebody who has worked in many different parts of the British state and business, I know that it is important to take time to make appointments of this sort. We need somebody experienced and credible who wins the trust of the Prime Minister, who is ultimately responsible.

House of Lords (Peerage Nominations) Bill [HL]

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2nd reading
Friday 18th November 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I am grateful for the opportunity to say a few words in the gap. It is a pleasure to follow the noble and learned Lord. I congratulate the noble Lord, Lord Norton, on his Bill and the way he introduced it. Of course, consideration of the Bill was due to be held some months ago but was delayed by the death of Her late Majesty. Strangely, I think events since then have, if anything, strengthened the case for the Bill.

We seem to be living through a time when the House’s membership is expanding. We have at least two Resignation Honours Lists pending. As other noble Lords have indicated, this is a problem for the House that the noble Lord, Lord Burns, and others have addressed over many years.

In a way, I do not blame Prime Ministers. I do not know that any Member of this House who became Prime Minister would be immune from the temptation to appoint people to this House. Of course, for every Member you appoint you can keep 10 other people hovering about in the hope of preferment; it is part of the power of patronage that you have.

One of the great merits of the Bill is to put the Appointments Commission on a statutory basis, and I welcome that. As other noble Lords have said, it has been an objective across the House for many years. I make one suggestion to the noble Lord, which occurred to me when I read the Bill. It seems to me that there is no reason why the powers of the commission should not be exercised as much over Peers who arrive by election, at least for the time being, as over those who arrive by appointment. Perhaps that is something we could consider in Committee.

Finally, I know a little about House of Lords reform and know that it is very difficult to do. I have heard many people, including the Leader of the House, say that it is best done only in incremental ways. This is a very modest and incremental measure and fits the bill very well. It helps to rebalance the power of the legislature over the Executive. As the noble and learned Lord, Lord Judge, wonderfully recalled, as a country we have fought kings for centuries to reclaim powers for Parliament—now we just have to do the same with Prime Ministers. This is a very good Bill and it should pass.

Heatwave Response

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Thursday 21st July 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, we have all seen the dramatic pictures of this week’s extreme heatwave, and I pay tribute to all those involved in trying to deal with it, but perhaps I might bring to the House’s attention other aspects that have not been seen. For example, I do not know whether your Lordships know this but a major London hospital this week lost all its computing power, and all the back-up servers went down. By any standards, that is a failure of real importance. It is not just the dramatic television pictures that we need to worry about. As a member of the Joint Committee on the National Security Strategy, I can say that we are examining the issues of resilience in great detail, and I dare say that the House will have other opportunities to debate it, but will the Minister take back from this exchange the fact that some really important things can go wrong that you do not see?

[Lord True (Con)]

As ever, the noble Viscount speaks wise words. I shall take back what he said. The reality is that, despite the pressures that there were in various places, the NHS emergency call handlers dealt with record numbers of calls to 999. All those public servants involved have done an outstanding job. One thing that helped was that the advance warning process worked very well, and people were able to prepare. Indeed, the weather forecasters take a bit of a pasting in this country—it is a favourite pub conversation—but I think that they did pretty well on this occasion, enabling everyone to be put on the right footing. However, I agree with the noble Viscount that there are issues that do not necessarily always come to the forefront, and all of them must be swept in and considered as we prepare for future similar events. I have no doubt about that.

EU Retained Law

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Thursday 23rd June 2022 Lords Chamber

[Lord True (Con)]

My Lords, my colleagues in another department will have to answer on the specifics, but my noble friend is absolutely right to highlight that the area of financial services broadly is something of fundamental importance to the national economy, and indeed the Scottish economy. I assure him that my colleagues will continue to examine the areas of regulation to which he has referred, with a view to keeping our financial services sector dynamic and effective and a place where people from all over the world would wish to come and work.

[Viscount Stansgate (Lab)]

My Lords, I thank the Minister for the Statement. In the light of the remarks he has just made about consultation, and in advance of the Bill, can he tell the House what proportion of the measures that the Government hope to introduce will be promulgated by secondary, or indeed tertiary, legislation?

Standards of Behaviour and Honesty in Political Life

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Thursday 23rd June 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Cormack, whom I congratulate on his 52 years last Saturday. He made many good points with which I agree. The basic ground rules to which he referred remind me that we miss in this debate the contribution of the noble Lord, Lord Hennessy of Nympsfield. I much regret that he is not here, because a debate such as this is one in which he would play a very constructive part.

It is also a pleasure to follow my noble friend Lord Anderson, who has served with such distinction here and in another place. It was also a pleasure to hear the first Back-Bench speech of the noble Lord, Lord Wolfson of Tredegar, because, in the short time I have been here, I have seen him only at the Dispatch Box. There is someone who, in my view, speaks with great authority, because he gave up office, rather than continuing to represent the Government in the capacity he had, on principle. It made me think that resignations are a sort of miner’s lamp, warning of the health of the democracy at any one time.

I congratulate the noble Lord, Lord Morse, on securing this debate and those Cross-Bench Peers who apparently voted for it. It is of course extremely timely. I shall make a brief contribution from these Benches. When the noble Lord, in reference to the Covid pandemic, referred to the distinction between political figures and other figures, such as the Chief Scientific Adviser, it reminded me of something that took place at the height of the Covid lockdown when a gas engineer had to come to my home. In the course of him undertaking the work, I happened to ask him what he thought of the government press conferences that were being held daily. He said, “I don’t believe a word of what they say. Not a word of it.” I pressed him further and he said, “The Prime Minister? I wouldn’t believe him.” I did not want to get into a discussion about that, but I said, “So what about Sir Patrick Vallance, the Chief Scientific Adviser?” His view suddenly changed: “Oh, I believe him.” There is a problem here. This debate is about political life; the public support figures such as Sir Patrick Vallance, Sir Chris Whitty and Sir Jonathan Van-Tam—I am very glad to see that they do—but we have a problem in the political sphere.

We know what the standards should be because they are set out in the Nolan principles: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. However, there is plenty of evidence to suggest that things are falling short. The British Social Attitudes survey reported that, in the space of about 35 years, between 1986 and 2020, the proportion of people who trust the Government had fallen by half. Understandably, at the time of the expenses scandal in 2009, the greatest number of people ever was recorded as distrusting the Government. I cannot say I am surprised.

These circumstances and this lack of trust degrade a healthy parliamentary democracy and have the following effects. They corrode public trust in political processes and encourage public cynicism—the idea that they are all the same, which is in the interests of some powerful people. This plays into the hands of those—I include elements of the mainstream media, as well as key social media platforms—who want to sow confusion and are content to weaken public participation in the democratic process. The House discussed the Elections Bill. A lot of concern was expressed that the effect of the measures in that Bill might depress the public’s enthusiasm for voting. We will have to wait and see, but I hope the Minister will at least acknowledge that those concerns were deeply felt. It would be more than a shame if declining trust in the political process, plus the provisions of that Bill, lead to an even lower turnout. Of course, this also weakens the UK’s position in the world at large.

It is not my job to stand here and do the work of the Standards Committee in another place, but the House knows the seriousness of the issue with which it is dealing: whether or not the Prime Minister misled the House. I will not prejudge the outcome, but I notice that the vote of confidence carried out by the MPs in the Prime Minister’s own party and its outcome show a degree of great unease about the position of trust at the top. In relation to that, I found the comments made by the noble Lord, Lord Butler, including his reference to fish, of great interest. As I said earlier, it made me think about some of the resignations in political life. I shall take a couple.

As the House will know, Hugh Dalton resigned in 1947 because a throwaway remark made to a journalist in the Lobby before he went in to give his Chancellor’s speech was enough to have him instantly dismissed, with alacrity. It is unthinkable that that would happen today. I am sorry to say this, but the only person at risk of being sacked in a similar situation today would be the Chancellor’s spin doctor, who the Chancellor might feel had not sufficiently briefed the press in advance about what was in the Budget—the idea that nobody knows what is in the Budget until the Chancellor gets up at the Dispatch Box is a fiction. Hugh Dalton returned to public life; he was Chancellor of the Duchy of Lancaster and served in one other capacity, but I choose him as an example because that really would not happen today, which is a pity in some ways.

Mention was made of the resignation of John Profumo. Whatever one may think about the personal circumstances, we must remember that he resigned because he misled Parliament. That was the key touchstone on which he was judged. Then you have other resignations on principle, such as that of Peter Carington. Again, I do not think that type of resignation happens any more. We all know the circumstances, but he took responsibility for things which some may say he knew nothing about at the time. Nevertheless, he took the decisions that he did.

Time prevents me going on to talk about a range of other resignations of Labour Members of Parliament and others, but I will mention just two more. One is the resignation of the noble Lord, Lord Agnew. I was sitting here as a relatively new Member, listening to him answer a Question at the Dispatch Box, when it became clear to me and others that there was something in the way he was answering it that made it clear that he did not agree with the argument he was putting forward officially on behalf of the Government. Then, before you knew it, he expressed his own dissatisfaction with the Government and resigned on the spot. He took out an envelope and gave it to the Whip on his right, then proceeded to walk out of the Chamber. It was a very dramatic episode.

In a way, I find that a resignation like that rather helps restore trust that not everyone’s removal from office is as a result of a dragged-out process, which we have seen in many cases. Then there is the resignation of the noble Lord, Lord Geidt, which brings me, very quickly, to the final point I want to make.

The committee proposed that the Independent Adviser on Ministers’ Interests should be on a statutory basis, as should COBRA, but I am afraid that we are a very long way away from that ever happening in the case of the present Government. I notice that the Government dismissed the idea that it should be legislated for because it would “undermine the constitutional settlement”. I hope that when the Minister comes to reply he might explain a bit more about what it is thought that means.

In conclusion, I feel that, looking back, many Members on all sides of the House, and maybe especially on the Benches opposite, will look back and later on express their unease about what they know has been happening recently. We must not wait too long, because the democratic process—to use the words of the Motion in the name of the noble Lord, Lord Morse—is fragile, and in every generation democracy has to be fought for. It is our turn now.

Upholding Standards in Public Life

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Wednesday 8th June 2022 Lords Chamber

[Lord True (Con)]

My Lords, I am not aware of any reluctance, but I will certainly note the noble Lord’s comments and take those to the appropriate quarter.

[Viscount Stansgate (Lab)]

My Lords, does the Minister not agree that, in the light of recent events culminating in the vote of confidence in the Prime Minister on Monday and its outcome, the very least the Government can try to do to restore trust is to enable a debate on ministerial standards to be held in government time in this House?

[Lord True (Con)]

My Lords, I am at the disposal of your Lordships’ House but, as the noble Viscount will understand, matters on debates are for the usual channels. Should such a debate be scheduled, I will be happy to answer to your Lordships’ House, as always.

Global Positioning System

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Tuesday 26th April 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, the 2025 solar cycle is a serious issue. Can the Minister assure the House that the Government are in regular touch with the Royal Astronomical Society, which embodies an enormous amount of expertise in this and other areas related to astronomy and the sun?

[Lord True (Con)]

My Lords, I have referred to space weather and the solar cycle, and I agree with the noble Viscount that it is important because at the height of the solar cycle it can disrupt or block access to GPS. We are expanding our space weather monitoring capability, and this will contribute to active correction of GPS as the authorities improve their accuracy. We are also undertaking the other measures that I have mentioned to allow back-up resilience.

Elections Bill

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Report stage
Monday 25th April 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I rise to support Amendment 64, so ably moved by my noble friend. It is an inoffensive amendment. The reason I rise is to say that I look forward to the Minister’s reply, because in my bones I feel that the answer we are going to hear from the Dispatch Box opposite is that there is a reason why the Government cannot accept it. I look forward to hearing what that reason or reasons may be, because one would be hard put to object to anything so inoffensive; it does not even have a timetable. Nevertheless, I look forward to the Minister’s reply.

[Baroness Scott of Bybrook (Con)]

My Lords, the Government agree in principle that there is a strong case for the consolidation of electoral law, and we have noted the interest expressed in this Chamber and in the recent PACAC report. However, as previously noted in Committee, we must acknowledge that the process of consolidating electoral law will be a long-term project that will take significant consideration and policy development. It is not something to rush, and it is not something for which the Government should commit to firm deadlines in a timetable at this stage.

The changes brought forward by the Elections Bill are part of a large programme of work, which will include secondary legislation and practical implementation matters. As such, it is the Government’s view that the implementation of this work should first be completed before work on the consolidation of electoral law can begin. For this reason, the Government cannot support this amendment.

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[Lord Wallace of Saltaire (LD)]

My Lords, I should declare an interest. I have two sisters, one of whom left Britain 60 years ago and the other 50 years ago. They would be entitled to vote under this provision. I also have a nephew and a niece who left in infancy. They too would be entitled to vote under this scheme.

I also declare an interest in that my party has been in favour of moving towards overseas voting and has thought some of it through. It has looked at practice in comparable countries such as France and Australia. It is clear that we need to involve embassies and consulates abroad if we are to make sure that votes are returned in time. It is also clear that we should be moving towards overseas constituencies, given the different requirements of those who vote from overseas. This happens in a number of other countries. It could be done here. The Minister seemed astonished when I first mentioned overseas constituencies, as if he had not heard of them before.

I have had hundreds of messages about this, from people in France in particular. First, the local MP where they are still registered tells them it is nothing to do with them and they are not going to take up their case because they do not live in the constituency. Secondly, they would like to have overseas constituencies with particular MPs, or Members of the second Chamber or whatever, who would take their interests into account. France has a small number of overseas constituencies, with a much larger number of voters per constituency, and their interests are taken into account.

I hope the Minister will not mind my saying that, when I first went to discuss with him and his team the way in which this extension might be implemented, I was staggered by the lack of detail and what seemed to me to be a lack of interest in the detail. We have very little information on its implementation. It is not quite as bad as the Government’s proposal to send asylum seekers to Rwanda, which appears to have had almost no thought as to how it might be implemented or costed.

There are a range of things that we need to consider. We know already that getting ballot papers out to foreign countries and back within the short time period is extremely difficult and very often fails. What do the Government propose to do about this if they are going to implement this expanded scheme? We have not yet heard anything on that. Will it involve embassies and consulates abroad? I asked a Question last summer and was told by the Foreign Office that it had not been consulted on this and did not expect to be involved to any degree. The Australians, the French and others clearly play a large role in managing and assisting with overseas voting. How therefore would this be carried out in practice when it comes? The Government also wish to shorten the campaigning period. At present, that proposal has been put off. If the campaigning period were any shorter, getting ballots out and back would be almost completely impossible.

This amendment says, “Tell us how you will do this. Demonstrate to Parliament that you have actually thought this through and that you have some way of identifying who are British citizens overseas, where they were residing in Britain beforehand and that, if they wish to vote, the means will be provided for them to receive ballot papers and to get them back—and do not implement it until you are able to answer those questions”. I have not yet heard the Minister or his officials be able to answer any of these questions, and therefore we have tabled this amendment.

[Viscount Stansgate (Lab)]

My Lords, we are nearing the end of this debate on Report. I cannot say that this Elections Bill is one of this Government’s finest constitutional measures. Although it is late in the day, we have just heard from the noble Lord, Lord Stunell, a very clear exposition of some of the questions which have not been answered, and I think it is perfectly fair to ask the Government—even at this late stage on Monday night—to provide some answers.

I find myself sitting here thinking back to the time that John Stonehouse disappeared, which some noble Lords may remember. When he disappeared, it became clear that there was no provision under British electoral law to remove him from his position as a Member of Parliament. Even though he was arrested and imprisoned in Australia, his constituency went unrepresented, because there was no way of getting rid of him. So things that might appear to you to be unlikely, such as those outlined by the noble Lord, Lord Stunell, might still one day actually occur.

The only thing I would add is that, over the Easter Recess, I met a British citizen who left Britain 55 years ago. He has been living in an EU country. I can report to the House that he was astonished to discover that the Government were now planning to give him the vote. He asked me a number of questions, such as “Where would I cast my vote?”—which brings me to the questions mentioned by the noble Lord, Lord Wallace of Saltaire. Some countries, France being one of them, have overseas constituencies. After decades of inaction, the Americans finally made it possible for Republicans and Democrats abroad to vote while living in the UK. I am sorry to say this at such a late stage, but this is an area that has not been as fully thought through as it should have been. That is exactly what this House is here for and I look forward to the Minister’s reply.

[Lord Collins of Highbury (Lab)]

I too thank the noble Lord, Lord Stunell, for his excellent introduction to this amendment. It is worth focusing on the fact that the Minister has, on numerous occasions, stressed the impracticalities of some of the amendments that have been considered today, saying “We can’t do this because it’s impractical”. Yet, without any thought, the electorate can be increased from 1 million to 3.3 million, as we heard from my noble friend earlier, without any infrastructure or effort to manage the implications.

The noble Lord, Lord Wallace, talked about other countries. Other countries have different voting systems, such as list systems and regional systems. But our democracy is fundamentally based not on a party system but on the constituency system, where an individual MP represents the people of that constituency. With what is being proposed, we could suddenly have, as my noble friend said earlier, 7,000 or 8,000 people being allocated to a constituency who, according to the noble Lord, Lord Stunell, have never lived there. And we will not even make any attempt—or there will not be any practical way—to verify people’s entitlement to vote.

In this Bill, we have said that if a resident in a constituency turns up at a polling station but fails to produce photographic evidence of their entitlement, they will not be given the vote. But someone who lives abroad can get a vote in a constituency and be sent it without any proper checks. It is absolutely crazy that the Government are not taking the time to look at the practical implications of this. It comes back to the point: why is it being done? It does not really appear to be being done to defend and enhance our democracy. I know I have said it before, but all this effort is going into people who have left this country, who have never lived here or who have lived here for a very short period of time—we are extending the vote to them—but people who have lived here for 27 years, and paid tax and national insurance, will not be given the vote. It is crazy.

This amendment is absolutely right. It would ensure that the Government pay proper attention to the practical implications of their policy and do so in a timely fashion. It is not as if we are trying to say, “Don’t do this”—even though I agree with my noble friend and would prefer that the Government did not do it. The amendment is saying, “Okay, if you’re going to do it and if it’s a principle you support, do it properly. Understand the consequences, particularly the consequences for our democracy”. This side wholeheartedly supports this amendment.

Elections Bill

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Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, I had the pleasure of introducing this amendment in Committee and I am pleased that the noble Lord, Lord Woolley, who has been the proponent of this throughout, was able to be here on Report and provide such a powerful introduction. I raised one practical point previously: how hard it is for people to check if they are on the roll. The Minister said she was going to write to me about that, and I look forward to her letter.

The noble Baroness, Lady Whitaker, is not in her place now, but in Committee she stressed the way in which automatic voter registration would be helpful to poor and marginalised communities, particularly Gypsy, Roma and Traveller communities. We should keep that in mind, and also the words in Committee of the noble Lord, Lord Scriven, who noted that the impact assessment is to ensure that those who are entitled to vote should always be able to use that right—that is the Government’s stated aim for the Bill.

After those brief words, I will repeat three words said by the noble Lord, Lord Woolley, in his introduction: “seize this opportunity”. I think he was speaking then to voters, but that it is a great message to leave with your Lordships’ House: seize this opportunity for democracy.

[Viscount Stansgate (Lab)]

My Lords, I rise to say three things. First, I am pleased to see the Minister back in his place and I hope he has recovered. Secondly, I am pleased that the noble Lord, Lord Woolley, has made another journey from Cambridge to be with us tonight. Thirdly, I agree with him that we should make history and I urge the House to vote for this amendment.

[Lord Eatwell (Lab)]

My Lords, I was struck by the argument from the noble Lord, Lord Rennard, that one does not have to opt in for taxation. I think he is arguing for “no taxation without representation”, a slogan which if recognised in the past might have eased some pain which a British Government suffered.

At the end of the debate in Committee, I put it to the Minister that someone should turn up at a voting booth with a British passport and a driving licence and would then be denied the right to vote. She replied, “Of course, that person’s not on the register.” That seemed to illustrate the total folly of the current restrictive register, and the wisdom of the amendment tabled by the noble Lord, Lord Woolley, which I urge everyone in the House to support and so maximise the number of people who are engaged in the civic process of voting in this country.

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[Lord Hacking (Lab)]

My Lords, I have been disfranchised twice. I was disfranchised in 1972, when I first entered the House and was disfranchised with lunatics and criminals. The second time I was disfranchised was in December last year, when I had the opportunity to come back to the House following a hereditary Peers’ by-election. Now I am no longer in the company of criminals and those in prison—I am not quite sure about lunatics—because, as I recall, when the noble and learned Lord, Lord Clarke, was Lord Chancellor, a provision from the European Court of Human Rights restored, or at least gave, the right to vote to those in prison. I think I have therefore lost the criminality side of my company, but I am not sure whether I have also lost the lunatics.

This is, as my noble friend Lord Dubs said, not the most important amendment being considered in the House, but it is an anomaly that is unjustified. In Committee, the noble Earl, Lord Howe, argued for the Government that we should not have two bites of the cherry—this is my language, rather than his—because we are directly involved in legislation; if we had the vote, we would have a different way of expressing our views. Then the noble Lord, Lord Cormack, argued that, since the House of Commons rises after a Dissolution—not after a Prorogation—the Lords are treated differently from Members of the House of Commons. The truth is that we are treated in very much the same way following a Dissolution, because once Parliament has been dissolved, we are not entitled to come back to the House until we have received a Writ of Summons and get sworn in. We are therefore not in a different position from the House of Commons. This is an anomaly and should be changed, but it is not one of the most important amendments being considered by the Minister, who is sitting back on his Bench with his arms folded, looking at me with a patient look.

[Viscount Stansgate (Lab)]

My Lords, I find myself in a difficult position over my noble friend’s amendment. At an earlier stage in Committee, I said in the course of some remarks that I thought it was a good principle to follow that, if you have the right to vote, you should also have the right to be a candidate. In relation to my noble friend’s amendment, by definition, were this amendment to be passed and we were given the right to vote, we would still not, of course, have the right to be a candidate, by virtue of the fact that we have two Houses in Parliament and, at the moment, one is elected and one is not.

The right to vote is a very important thing and I, like other noble Lords, perhaps, noticed, psychologically, the very big difference in coming here and, at the same time, knowing that if a general election were called tomorrow, I would not be able to go and cast my vote in a polling station, which I have done all my life. Nevertheless, it may be that in the future, the solution is that this House may—who knows?—become an elected Chamber, in which case I would be very happy to have the right to vote, and I would be happy to be a candidate for this House. Time will tell whether either arises.