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House of Lords

Tuesday, 8 November 2011.

2.30 pm

Prayers-read by the Lord Bishop of Bristol.

Crime: Self-defence Homicide

Question

2.37 pm

Asked By Lord Mackenzie of Framwellgate

The Minister of State, Ministry of Justice (Lord McNally): My Lords, the Ministry of Justice is working with the Home Office to update the code of practice made under the Police and Criminal Evidence Act 1984 to give the police further such guidance. A revised code was published for consultation on 1 November. That consultation will end on 24 January.

Lord Mackenzie of Framwellgate: I thank the Minister for that Answer. Does he agree that when burglars enter an occupied dwelling by criminal trespass and as a result one of the burglars is killed or seriously injured by a householder who is clearly defending himself, the public reaction generally is that the burglar deserved everything that he got? It is clear that this matter has to be seriously investigated, but is it really necessary, except in serious cases, for the police formally to take the householder into custody and arrest him with all the consequences that that involves, including searching, placing in cells and so on? Is it not possible for the police to use their discretion more often and to investigate the matter by inviting the householder to co-operate without formal arrest? After all, he is hardly likely to abscond. Does the Minister also agree that recent, highly publicised decisions do not capture the public mood? After all, liberty is precious and should not be removed lightly, particularly from an innocent victim.

Lord McNally: My Lords, I fully appreciate many of the points that the noble Lord, Lord Mackenzie, made in that question, which echoed a number of points that were raised in a debate initiated by my noble friend Lord Blencathra on 20 October. Following that debate the Director of Public Prosecutions, Keir Starmer, wrote to me to meet some of the points made in that debate by the noble Lord and other Peers. The director made the point that the CPS had explained that in certain circumstances the police may be advised that an expedited, streamlined file is required following initial investigations by the police. However, he made it clear that the CPS reserves the right to ensure that adequate time is allowed to conduct a comprehensive review of all the evidence available, in accordance with the Code for Crown Prosecutors.



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Lord Elystan-Morgan: Does the Minister accept that the principle of self-defence, whereby a person is entitled to defend himself or any other person from unlawful attack by using no more force than is reasonably necessary, is well ensconced in our law, well understood by juries, and is fair and clear? Furthermore, does he accept that the common law has enshrined this principle for a very long time; that it was spelt out in detail in the case of Palmer 40 years ago, and, indeed, enshrined in Section 76 of the Criminal Justice and Immigration Act 2008; and that any doubts that exist exist more in the minds of tabloid editors than of judges and lawyers?

Lord McNally: My Lords, as always, there is a great deal of wisdom in what the noble Lord says-and a great deal of accuracy as well. We intend to provide greater clarity with this new guidance and through the clauses in the Legal Aid, Sentencing and Punishment of Offenders Bill, which will be coming before this House shortly. It is certainly true that, in so doing, we will be bringing into statute what is already a very fixed principle in our common law.

Lord Bach: My Lords, Clause 131 of the Bill that the Minister just mentioned is the one clause that deals with this issue of self-defence. However, what is not clear about the law as it exists at present? That feeling is quite widespread across the House. Why does it need another clause in another long Bill?

Lord McNally: I think that the answer to that was indicated in the previous question and by the fact that the noble Lord has tabled this Question today. There are newspaper articles and general assertions made about what is right or wrong. Under our common law, home owners, small shopkeepers and householders can use reasonable force to defend themselves or their properties and will not be prosecuted. My right honourable friend the Lord Chancellor has made clear that he believes that the current law is broadly in the right place. However, we believe that it does no harm, in the light of a lot of these questions and articles, to make it clear in the forthcoming Bill. I think that it will do a lot of good in establishing where people, including the police, are positioned in this. It will also deter any thought that we are drifting towards any kind of endorsement of vigilantism or keeping a six o'clock special under the pillow. This is a consolidation measure to clarify the law.

Baroness Farrington of Ribbleton: My Lords, will the Minister clarify the question from my noble friend Lord Mackenzie about the nature and circumstances in which formal arrest takes place?

Lord McNally: I think that I have made that clear. We are consulting on guidance. However, the trend of the Question tabled by the noble Lord, Lord Mackenzie, was that somehow policemen could make an instant judgment. Circumstances are very varied in these situations and the Director of Public Prosecutions has made it clear-and I think that the draft guidance implies this-that although police are invited to use common sense and discretion when assessing circumstances, the

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Director of Public Prosecutions cannot abandon his responsibilities in examining whether or not a crime has been committed and should be prosecuted.

Lord Foulkes of Cumnock: My Lords, will the Minister make clear to the viewers and listeners from north of the border that all the answers he has given so far apply only to England, and perhaps also to Wales?

Lord Elystan-Morgan: Including Wales.

Lord Foulkes of Cumnock: Yes, including Wales, thank you. Will the Minister consider having some discussion with his counterpart in Scotland about lessons learnt from Scots law, which very often-and, I think, in this case-is superior to English and Welsh law?

Lord McNally: I am very happy to have such discussions. The noble Lord would be amazed, in the 18 months I have been in this job, how often the advice is: "They actually do this a lot better in Scotland".

Economy: Monetary and Fiscal Policy

Question

2.45 pm

Tabled by Lord Barnett

Lord Peston: My Lords, on behalf of my noble friend Lord Barnett, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

The Commercial Secretary to the Treasury (Lord Sassoon): My Lords, the independent Monetary Policy Committee has operational responsibility for monetary policy. Fiscal policy is a competence of the Treasury. When making its monetary policy decisions, the MPC takes into account fiscal policy, among other factors, when judging the outlook for growth and inflation. A non-voting Treasury representative attends monthly MPC meetings and plays a key role in ensuring the appropriate co-ordination of fiscal and monetary policy. This includes, when appropriate, briefing the MPC on the Budget.

Lord Peston: I thank the Minister for that. Bearing in mind that the monetary policy of the Bank of England is failing in its statutory duty to hit the inflation target set by the Government and does not even seem to be trying, and that fiscal policy has got us nowhere near full employment or a sustainable rate of real growth, is it not the case that far from there being co-ordination of monetary and fiscal policy, what we see on the part of the Government is simply an utter shambles?



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Lord Sassoon: My Lords, the Bank of England is completely sticking to its statutory responsibilities and to the letter setting out its monetary policy mandate. If the noble Lord, Lord Peston, would care to look at the latest commentaries in the Bank's quarterly documents -he is nodding-he will see that they identify the risks to inflation on the undershooting rather than the overshooting side. They identify a number of factors that will reverse the trend in inflation early in 2012. That is why the Bank decided to recommend increased quantitative easing to the Treasury to ensure that there is no risk of an undershoot on the inflation target.

Lord Newby: My Lords, does the Minister agree with the recent report of the Treasury Select Committee that, in a time of economic crisis, the buck stops with the Treasury, and that it should therefore be able to direct the Bank in such circumstances?

Lord Sassoon: My Lords, it is completely the case that the Chancellor of the Exchequer sets the inflation target for the MPC. I am sure my noble friend is not suggesting that we should go back on the previous Government's decision, which I applaud, to give the Bank of England independence in this area. Monetary policy should be the first line of defence in the face of economic shocks.

Lord Myners: My Lords, monetary policy should be the first line of defence against the ravages of inflation. I put it to the Minister that the Government's fiscal policy, draconian as it is, is forcing the Bank of England to adopt a highly accommodative monetary policy with a disregard for the inflationary consequences, as is evidenced in the Bank's quarterly report in its failure to achieve any of its inflationary objectives over the past five years.

Lord Sassoon: My Lords, I am sorry that the noble Lord, Lord Barnett, is not here, because we have not had anything from his quote book for quite a time. I offer the noble Lord, Lord Myners, this from another place on 23 November 1978, when the noble Lord, Lord Barnett, was asking for cross-party support on inflation. He said:

"I had hoped to have the support of the Opposition instead of the carping criticism that we receive constantly ... We intend to make our counter-inflation policy work".-[Official Report, Commons, 23/11/78; col. 1468.]

Well, as it was in 1978, it is now. We should let the Bank of England get on with it.

Lord Forsyth of Drumlean: My Lords, will my noble friend confirm that opinion polls show that a vast majority of voters believe that the deficit is the same as the debt? Can I suggest to him that, in order to get across the difficulties which the Government are facing because of the size of the debt, which is still growing, he should consider putting on the Treasury building a large screen that shows how the deficit is going up every day?

Lord Sassoon: The debt is going up. Far be it from me to criticise my noble friend, who quite rightly makes this point. If the deficit was running at the level

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that we inherited from the previous Government, of 11.1 per cent a year-the highest deficit level in our history-it would not take very many years before our debt got up to the level of the Italian and the Greek debt. That is why we will continue to keep our deficit policy on track and keep our interest rates low. I entirely agree with my noble friend that we must be reminded about the level of debt as well.

Lord Eatwell: My Lords, in his first Answer to my noble friend, the Minister said that the Monetary Policy Committee takes account of growth and inflation, but its statutory responsibility is to take account only of inflation. When did the Treasury change the policy?

Lord Sassoon: My Lords, I will let the noble Lord, Lord Eatwell, read the actual words in Hansard tomorrow. [Interruption.] No, I am not changing anything. The MPC has to take account of the prospects for growth and inflation when it is judging how to set the direction of monetary policy. Its target is an inflation target, but it needs to take account of a wealth of other factors when making its decision, so that is what it does.

Lord Taverne: My Lords, do the Government not agree that in the present circumstances a simultaneous policy by many countries of rigid deficit reduction and fiscal contraction carries the danger of leading to depression, which will not cure the deficit?

Lord Sassoon: My Lords, I certainly agree that different countries should be taking different tracks, depending on their particular deficit and debt positions. I can only quote the concluding statement of the IMF, in its recent assessment, that:

"The current policy mix of tight fiscal and loose monetary policy remains appropriate".

Lord Kinnock: My Lords, the Bank of England is patently seeking to foster growth with its very low interest rates and record QE, but the Government are actually depressing growth to virtually zero with their policy of public expenditure cuts that are too far and too fast. Is it not patently obvious that there is absolutely no co-ordination in the national interest at all?

Lord Sassoon: My Lords, I know that it is not for me to ask the questions this afternoon, but I wonder how much more expenditure and deficit the noble Lord, Lord Kinnock, would advocate before we risk getting into interest rates that are at the level of France, let alone of Italy. Last night the UK had 2.3 per cent 10-year interest rates, and Italy had 6.6 per cent heading for 6.7 per cent. Which would the noble Lords opposite like? We will stick to our deficit reduction plan, because that is what keeps interest rates low, and that is what our households and our businesses need.

Lord Howarth of Newport: My Lords, if the Minister insists that there is no case for altering the configuration of monetary and fiscal policy, may I draw to his attention another suggestion? Will the Government respond positively and energetically to the proposal put forward by the Society of Pension Consultants

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that a proportion of the vast resources held under management by pension funds could safely and sensibly be mobilised to lift investment in infrastructure and, through appropriate provision for early access to pension lump sums, to lift personal spending?

Lord Sassoon: I certainly agree with the noble Lord that infrastructure is one of the themes and priorities of the forthcoming growth review. The Government are looking at encouraging anything that encourages a further source of investment into our infrastructure from pension funds and others, so I certainly take his suggestions on board.

Devolved Administrations: Financial Flexibility

Question

2.55 pm

Asked By Lord Wigley

The Commercial Secretary to the Treasury (Lord Sassoon): My Lords, my right honourable friend the Chief Secretary to the Treasury announced on 18 July that the Treasury has agreed with the devolved Administrations that a modified version of the budget exchange system will apply to their underspends during the spending review period. The devolved Administrations will be able to carry forward DEL underspends up to a maximum of 0.6 per cent of resource DEL and 1.5 per cent of capital DEL from one year to the next.

Lord Wigley: My Lords, does the Minister agree that it is much more prudent for the devolved Administrations to carry forward, as a capital sum, any money that is unspent at year end rather than to rush to spend it? Given that the Assembly Ministers, as he said, have agreed with the Treasury a formula for devolved Administrations to carry forward underspends within these defined limits, why was the Treasury insisting on denying to Wales, and to the National Assembly, some £400 million of accrued underspends in Wales, money which Parliament had voted for use in Wales and which had been accumulated on a formula previously agreed with the Treasury? Will the Minister now discuss with his Treasury colleagues the possibility of releasing that sum over the next two years to augment the National Assembly's much depleted capital resources?

Lord Sassoon: My Lords, sadly, the previous Government left us with a pot of money of some £20 billion which had been unspent by departments, which, if now spent, would simply increase our deficit; it would increase the stock of debt by £20 billion. It was necessary for the Government, as part of our deficit reduction strategy, to cancel that EYF, but the stock of cancelled underspends in the devolved

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Administrations was 8.4 per cent of the total, compared with 15 per cent of expenditure, which the devolved Administrations represent, so what they were prevented from spending was rather less proportionately than applied to the United Kingdom as a whole.

Baroness Randerson: My Lords, the decision not to allow the EYF for Wales was something which took many people there by surprise. Can the Minister tell us whether it took the Government of Wales by surprise or were there discussions with the Government prior to the decision by the Treasury at the time of the Budget?

Lord Sassoon: My Lords, as I have already explained, the Government inherited an extremely difficult deficit position. We took decisions that affected the whole of the United Kingdom and this one was consequential on decisions that needed to be taken to bring the deficit position under some sort of control so that departments were not completely without controls on their expenditure. After that, there were detailed discussions led by my right honourable friend the Chief Secretary, which led to the proposals which are the subject of this Question.

Lord Touhig: My Lords, the £400 million, to which the noble Lord, Lord Wigley, referred, could certainly help to sustain public services in Wales and boost the economy. Parliament has voted that money for the Welsh Assembly. Does the Minister not think that it is arrogance on the part of the Government to ignore the will of Parliament?

Lord Sassoon: My Lords, a lot of factors have to be taken into account in setting expenditure for the devolved Administrations, not least our favourite Barnett formula, but the fact remains that expenditure on a head-count basis in Wales will, in the present period, be some 12 per cent higher than the per head expenditure in the United Kingdom.

Lord Eatwell: My Lords, was the Welsh Assembly consulted before this decision was made?

Lord Sassoon: My Lords, the United Kingdom Parliament-this House and another place-was not consulted before an awful lot of spending decisions were taken. That is the way that Governments make spending decisions.

Lord Roberts of Llandudno: My Lords, the Minister has, I think, criticised the Barnett formula. What plans does he have to bring in a different formula regarding Wales and Scotland?

Lord Sassoon:My Lords, would I ever be so bold as to criticise the Barnett formula? The Barnett formula has been widely questioned, not least by the noble Lord, Lord Barnett, himself. However, the Government's priority has to be stabilising the public finances. If, in due course, the formula is to be superseded, the challenge

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is that there is no consensus on how to measure needs, which would be required to bring in some needs-based formula.

Baroness Hollis of Heigham: My Lords, on the contrary, I would suggest to the noble Lord that there is plenty of research on how to bring in a needs-assessed formula, given that both devolved Administrations distribute their money down to local authorities on precisely that basis. Would the noble Lord therefore accept that Wales is indeed underfunded, that the Barnett formula effectively misspends and overspends by £4 billion and that a rectification of that would surely help the Minister to address the deficit?

Lord Sassoon: My Lords, what I said was that there was no consensus. Of course there is plenty of research but there is no consensus, and that is what is needed in this area.

Lord Myners: My Lords, the Minister brings considerable private sector expertise to his role, including at Union Bank of Switzerland. Can the noble Lord tell the House whether in his private sector experience he has ever come across a situation where companies say that if you do not spend the money, it will be taken away from you? What prudence does that encourage?

Lord Sassoon: My Lords, I believe that it was under the previous Government in 2006-the noble Lord will remember this better than me-that the health service overspent its budget and reserve by £182 million, and the previous Government stopped the EYF system. So I really do not think that we need lectures about me and my experience; it was the noble Lord's Government who stopped it.

Somalia

Question

3.01 pm

Asked By Baroness Kinnock of Holyhead

The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford): My Lords, we are discussing the Kenyan military intervention in Somalia with many of our partners, including the EU and other organisations. The UK supports Kenyan action so long as it is undertaken in co-ordination with the Transitional Federal Government, and so long as it complies with international law. We will work with Kenya, the TFG, the EU and other organisations, such as the Intergovernmental Authority on Development, to ensure that any action does not impede humanitarian operations and is consolidated by stabilisation and the development of credible, accountable governance structures.



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Baroness Kinnock of Holyhead: My Lords, I thank the Minister for his Answer. Will the Minister join me in regretting the under-reporting of what is a rapidly developing crisis that threatens to escalate into a major military conflict with consequences, as the Minister has said, that inflict further tragedy on the people of Somalia, many thousands of whom are starving and urgently need humanitarian aid? Is it not likely that this Kenyan incursion will perversely bolster support for al-Shabaab and that it will carry out vengeful reprisals in Kenya and beyond? When US drones based on a remote airfield in Ethiopia are flying over the area and the French navy has been active to the south of Kismayo, can the Minister give a clear assurance that Her Majesty's Government do not intend to undertake a similar involvement and instead will work for a diplomatic rather than a military response?

Lord Howell of Guildford: I totally agree with the noble Baroness, Lady Kinnock, about under-reporting. It is extraordinary how little coverage there has been of a very serious situation affecting the Indian Ocean nations of the coast of east Africa. As for vengeful retaliation, I am afraid that revenge is one of the currencies of the area. The Kenyan military operation is of course a response to the invasions into Kenya by al-Shabaab and other forces, and it is important to note that it is an attempt undertaken with the support of the TFG in Mogadishu, to bring some order and control to the situation. We have to face the reality that revenge operations may take place but there has to be a firm attempt to bring order and a better kind of control, at least to the border area between Kenya and Somalia. As to the noble Baroness's last question, we support the Kenyan action on the conditions that I have clearly made: that it is important to ensure full compliance and that it is a legal operation under Article 51 of the UN charter.

Lord Alton of Liverpool: My Lords, has the Minister seen the reports of 4 November from the United Nations that the number of Somali refugees fleeing war and drought to the Dadaab refugee complex in Kenya has increased to a staggering 463,000 people, making it the largest refugee camp in the world? Catastrophically, the numbers are growing daily. Has he also seen the reports from Médecins Sans Frontières that it can take up to 40 days for a food card to be issued to refugees, including children, which is leading to levels of malnutrition and illness growing considerably in the camp?

Lord Howell of Guildford: I have seen some but not all of the reports. We have also seen reports that there appears to be pressure to reject refugees and to run down the numbers in that location. We have urged the Kenyan authorities to continue allowing refugees in from Somalia. We recognise Kenya's huge generosity in hosting refugees, which it has done over many years, and we will continue to support these efforts in the coming months. We certainly urge Kenya not to forcibly return Somali refugees over the border. There are obviously major aspects of administration and provision, to which the noble Lord

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rightly alluded. We will continue to help with what is an enormous imposition and burden on Kenya at this difficult time.

Lord Avebury: My Lords, do I understand from what my noble friend said that the Government consider that Article 51 confers an unrestricted right of self-defence under the charter against aggression by a non-state actor? Or does my noble friend rather consider that if a resolution comes before the Security Council we should attempt to impose some restrictions on the extent to which Kenyan troops may occupy large areas of Somalia, and that they should be circumscribed in a similar manner to that which applied to the NATO invasion of Libya?

Lord Howell of Guildford: It has not yet come before the United Nations, and there is strong evidence at the United Nations that an interest in the matter is not encouraged. Indeed, there are indications that if a resolution were pressed it might lead to further validation in precisely the opposite direction to the one that the noble Lord indicated. Of course, Article 51 does not permit unrestricted self-defence; it requires a real sense of challenge to national security and that the necessary defence should be proportionate. That is very important. That is what the Kenyan authorities will need to establish to satisfy our criteria for support.

Lord Anderson of Swansea: My Lords, should not a key factor in our response be that a friendly Commonwealth country, Kenya, has been subject to intense provocation from the failed state on its borders, which has harmed its financial interests in terms of tourism as well as the major humanitarian matter? Is it not also a factor that the stability of the area might be increased if we were to encourage Commonwealth countries to move towards the recognition of the only stable part of Somalia; namely, Somaliland, the former British protectorate, which wants to join the Commonwealth?

Lord Howell of Guildford: The noble Lord is absolutely right about the challenge to Kenya. We all bear in mind the stories of the hideous kidnappings that have taken place, including the revolting story of the pirates or kidnappers who abducted a disabled lady and refused her drugs until she died. It is a repulsive story. He is absolutely right that there are grievous pressures on Kenya and indeed on all Indian Ocean and African states to do something. Co-operation between states-between Mogadishu and Nairobi in this case-must be a sensible starting point for action. As to the recognition of Somaliland, the problem is that this is not a country recognised by anybody in the international community. It would be a one-off development. We take the view that Somaliland should decide its own relationship with Somalia. We work very closely with it. Its administration is good, in contrast to that of the rest of Somalia, and we support it. However, we do not think that fracturing the area and recognising a single state individually would help matters. It might hinder them.



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Procedure of the House: Seventh Select Committee Report

7th Report from the Select Committee

Motion to Agree

3.09 pm

Moved By The Chairman of Committees

The Chairman of Committees (Lord Brabazon of Tara): My Lords, there are two Procedure Committee reports on the Order Paper today, and I sense that noble Lords may find the second of these more interesting than the first. But the seventh report also raises important matters, so I shall take a few moments to outline the committee's recommendations.

As noble Lords will be aware, the Localism and Public Bodies Bills have now been through both Houses, and are in the final stages of ping-pong. Both are likely to be granted Royal Assent in the near future, and in the case of the Public Bodies Bill in particular, that may be quickly followed by the laying before Parliament of a number of important draft orders.

Clause 11 of the Public Bodies Bill, which was of course inserted in your Lordships' House, sets out the process whereby Parliament will scrutinise these orders. A key role is played by any committee which is charged with reporting on any draft order. In particular, if this committee recommends that a particular draft order be subject to an enhanced affirmative procedure, involving a longer scrutiny period, and an opportunity to make further representations to the Minister, then that recommendation will have effect unless the whole House agrees by resolution to overturn the recommendation.

The effect of the report before the House today will be to charge the Merits of Statutory Instruments Committee with the tasks described in the Bill. This will involve some technical changes to the committee's terms of reference, which are annexed to the report.

The provisions in the Localism Bill relate to orders akin to legislative reform orders, and our recommendation is that broadly the same procedure, of scrutiny by the Delegated Powers and Regulatory Reform Committee, should apply. Again, this will require some technical changes to the committee's terms of reference.

I hope noble Lords will join me in paying tribute to the work of both committees affected by this report, and our confidence that they will undertake their new tasks efficiently and fairly.

I hope this explains the background to the seventh report, and I beg to move.

Motion agreed.

Procedure of the House: Eighth Select Committee Report

8th Report from the Select Committee

Motion to Take Note

3.12 pm

Moved By The Chairman of Committees



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The Chairman of Committees (Lord Brabazon of Tara): My Lords, I beg to move that this House takes note of the 8th Report of the Procedure Committee.

This is an unusual Motion, since normally I would invite the House to agree the report, and the House's agreement to the Motion would give effect to the committee's recommendations. However, this report makes no recommendations; it contains a number of proposals, and each of these proposals is listed on today's Order Paper as a separate Motion. In other words, the Motion that I am now speaking to is purely preparatory. It gives me an opportunity to describe the procedure for today's business, but does not itself commit the House to anything. The substantive decisions will be taken when we come to the Motions on proposals 1 to 9.

The Procedure Committee's report contains proposals arising out of the Report of the Leader's Group on Working Practices, chaired by the noble Lord, Lord Goodlad. The report was commissioned by the Leader of the House, and debated fully in the House on 27 June. As the report was made to the Leader of the House, it is for him to decide how to go about implementing particular recommendations. The proposals on today's Order Paper were brought before the Procedure Committee either by the Leader himself, or by the Clerk of the Parliaments at the Leader's request.

The committee has decided that, rather than express a view on the individual proposals, we should simply present them to the House in a neutral form, so that the House may take a view on them. Members of the Procedure Committee themselves have different views, and the committee did not attempt to come to a single view on the merits of these proposals.

What we did do was to try to put the recommendations into a clear, workable form. In some cases, therefore, we agreed modifications to the original Leader's Group proposals. However, the committee's agreement to these modifications does not mean that the committee agreed the proposals themselves.

The Procedure Committee's report covers 10 distinct areas, which the Leader invited us to consider. The Leader's Group made many other recommendations, and my understanding is that the noble Lord the Leader of the House will, in due course, bring forward more proposals, in a similar format, either to the Procedure Committee or to other committees of the House, such as the Liaison Committee.

But this is a matter for the Leader, not for me, and I would like to emphasise my own neutrality as Chairman of Committees and Chairman of the Procedure Committee. As I have said, the committee did not agree or even attempt to reach agreement on the proposals before the House today. I therefore have no mandate from the committee to speak either for or against them. My only job is to assist the House in coming to decisions. I therefore propose simply to move each Motion formally as it is called. In the case where there is an amendment down, that amendment will then be called. Even where there are no amendments on the Order Paper, noble Lords may wish to speak to particular proposals. I shall do my best to assist the House where possible but I will not address the merits of any of these proposals. Similarly, I shall not prevent

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the House from coming to a decision on these Motions by begging leave to withdraw any of them. Today is a day for decisions, and I shall move each Motion when the time comes. I beg to move.

Motion agreed.

Procedure of the House (Proposal 1)

Motion to Resolve

3.15 pm

Moved By The Chairman of Committees

Lord Wakeham: My Lords, I declare an interest in these matters. I am a member of the Procedure Committee, a former Leader of this House and the only living person who has been Leader both of this House and of another place-in fact, only the fifth person in British history who has ever held both jobs. I say all that because I think what I am going to say will be pretty disagreeable to a great many people in the House, and I thought that if I said it now, at least they could not accuse me of a lack of experience. My view is that proposal 1 is grossly unfair on the Lord Speaker, is bad for the House and would be the end of self-regulation.

First, the proposal is bad for the House. The working practices report seems to be based on a number of misconceptions. The Leader's role is not to make decisions but to advise the House of what he thinks the will of the House is, and that expression of view can of course be challenged. The Leader, as is clear from the proposal before us, advises only which group or party he suggests the House may like to hear. That, of course, leaves a big gap regarding what happens, as is often the case, when two Peers from the same party rise to speak.

Lord Hughes of Woodside: My Lords-

Noble Lords: Order!

Lord Wakeham: I do not mind.



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Lord Hughes of Woodside: A document was issued by the Government Whips Office saying that the Lord Speaker should call sides at Question Time, but the Order Paper talks about calling groups. Which is correct?

Lord Wakeham: I have no idea. I am speaking only on proposal 1; that is all I know about. I have had many years' experience of whipping and I consider that, like other things, it is best done in private.

The Chairman of Committees (Lord Brabazon of Tara): My Lords, it might be convenient if I intervene at this point to assure the noble Lord, Lord Hughes, that the paper that we should be referring to is the Procedure Committee report and/or today's Order Paper-and nothing that has been issued by anyone else.

Lord Wakeham: If I may resume, the first point that I was making was that the Leader of the House does not direct the House but offers advice. The second point is that the proposal before us today deals only with which party or group the Leader thinks should have the next turn; it does not deal with the question of two Peers rising from the same Benches.

The third point on this matter, and in my view the most crucial, is that the working party committee completely omitted what is very clear in both the Companion and Erskine May: that the Leader of the Opposition and the Convenor of the Crossbench Peers have a role to play in the order in the House. That is very important. In my view, in the circumstances when two people from the same party or two Cross-Benchers get up, it should be for the Leader of the Opposition, the Leader of the government party or the Convenor to advise the House which of the noble Lords he thinks the House should most like to hear. It is these failures to implement self-regulation over recent years that have got us into our present difficulty, and the sooner that we get back to proper self-regulation, the better. In my day, the Leaders of the opposition parties, the noble Lord, Lord Richard, who is not here, and the late Lord Jenkins of Hillhead, were both very helpful to the House over matters of order.

Secondly, this proposal is unfair on the Lord Speaker. When we set up the office of Lord Speaker, the House had the benefit of three separate Select Committees manned by some of our most experienced parliamentarians, taking evidence from virtually all the other experienced parliamentarians who were not members of the Select Committee. Those reports were very strong in saying that our unique system of self-regulation needed to be preserved and those conclusions from such an authoritative source should not be overthrown from a report which was based on misconceptions and did not in any case consider many of the issues, nor as far as I can see took any evidence from those with the appropriate experience.

The recommendations that the role of the Leader should be taken over by the Lord Speaker poses this problem for self-regulation: will the advice of the Lord Speaker be capable of challenge as is the advice of the Leader? It is not a comfortable thought. It would be

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disastrous if it were and the end of self-regulation if it were not. It would produce a regime for this House which is more restrictive than even the House of Commons which deals with these matters by points of order. So we need to think very carefully.

Secondly, we are asking the Lord Speaker to assume responsibilities not just from the Leader but also from the Leader of the Opposition and Convenor that are not even written down or clearly defined. There are also some very practical matters to be considered. I just wonder whether the lonely Woolsack is the right place for a Lord Speaker with these roles. When I was the Leader of the House sitting here, it was the nods and the winks from the Leaders of the other parties, plus, if I may say so, the mutterings of the Clerk, which were very valuable in making sure that I did not make mistakes. Even if we pass this Motion, the Lord Speaker stuck up there will not be in a position to administer it in any fair way. Therefore, my advice to the House is not to pass this Motion, and, secondly, to go back to self-regulation as it should be, because I do not believe that there are many people in this House who properly understand what self-regulation is.

Lord Geddes: My Lords, I did not expect to be intervening quite this early in this debate. When we last discussed the report by my noble friend Lord Goodlad, I used the expression that this recommendation was a "slippery slope". I do not move away from that consideration. I intervene with a decade of experience as a Deputy Speaker and very much in support of my noble friend Lord Wakeham. There are practical problems in this proposal. I will mention just one or two of them.

The first is that from that position it is impossible to see the original Cross Benches. You simply do not have a view. Earlier this year, my noble friend Lord Colwyn had a brilliant suggestion for resolving that: he would use his dentistry experience and get an elevated Woolsack. That had considerable appeal. More seriously, of course your Lordships will know that in another place-and I use that expression advisedly-the Speaker sits in an elevated position, so he or she is able to see the House. Believe me, from the Woolsack that is not possible.

The only other point I would like to mention is that if this proposal were agreed to, the Lord Speaker or the Deputy Speaker would be able to call groups. However, as my noble friend Lord Wakeham said, if three members of Labour Party-I am not picking on the Labour Party, but use it merely as an illustration-were to rise simultaneously, they would all have to sit down again as the Lord Speaker rose, so there would be confusion to start with. Secondly, if none of those three or only one gives way, there would be a confrontational position and the Lord Speaker would be almost obliged to start naming names. That is not in this recommendation and I would vote very strongly against it. This means that the Leader of that party or the Leader of the House would then have to nominate or suggest the Peer concerned. In that respect, we will have gone round in a circle and will be back to self-determination. I do not approve of this proposal and I will certainly vote against it if it comes to a vote.



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Lord Lloyd of Berwick: We considered this question at very great length when we had the Select Committee on the Speakership of the House six years ago. My view then was, and still is, that intervention at Question Time is a job for the Leader of the House as leader of the whole House and not as a member of the Government. If the Leader is not present, then it would be a job for the Deputy Leader of the House as deputy leader of the whole House. It was never my view that it was a job for the government Front Bench and therefore I do not understand the terms of Proposal 1, which refers to the job being,

That is not the job that we conferred on the Leader of the House six years ago. To insert "Government front bench" at that point in the proposal seems either to beg the question or, at any rate, to muddy the waters.

The question for the House is quite simply this: have the present Leader of the House and his predecessors on this side of the House impartially performed the function that they were then given during the past six years? I believe that they have. My only criticism, if I may say so, of the present Leader of the House is that when everybody is shouting together to get in, he does not intervene quickly enough. It is very important that he should intervene as quickly as he can when that situation arises. If in future he does intervene quickly, I see no possible advantage in transferring the job from the Leader of the whole House to the Speaker and I see many disadvantages, some of which have already been mentioned by the noble Lord, Lord Wakeham. Inevitably it will, in the end, lead to a loss of self-regulation.

Lord Grenfell: My Lords, I am not particularly happy with this proposal and never have been. My views have been somewhat confirmed by what the noble and learned Lord, Lord Lloyd of Berwick, has just said. However, I wish to take up the point made by the noble Lord, Lord Geddes, who has several times in recent times referred to the "slippery slope". I simply do not buy this argument about the slippery slope for the following reason: in a properly self-regulated House, the House does not need to go anywhere it does not want to go. It has the power to say, "This far and no further". Whatever changes might be made, they do not automatically mean that we are living in fear of a slide down a slippery slope because they can always be stopped.

My second point is that I am not very keen on trial periods. The trouble with a trial period is that the determination of whether that trial period has yielded positive or negative results is very difficult to judge and can be extremely contentious because we do not have clear criteria about how we judge whether they have been positive or negative. Making that determination could simply cause more problems for the House.

On the whole, I feel that the House works well enough with the system it has, provided, as the noble and learned Lord said, the Leader of the House and others on Front Benches take the responsibility necessary to make it work. If they do not, then you are inviting a

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tsunami of requests for some sort of reform which would probably in the end destroy the self-regulation of the House.

Baroness Boothroyd: My Lords, I intend to support the proposal before us this afternoon. I am in a great minority of one in believing that this House is self-regulating. I have not found that to be so. I have found it alien to me that a member of a political party who sits on the government Front Bench, whichever party may be in power, as a Minister of the Crown intervenes, interferes and determines which group in this House should be next to put the question. That is not a decision for a Minister of the Crown-a political animal, if I may put it like that-to take. To me that is for the judgment of an independent body, and that is the Lord Speaker, in whom we all have confidence. We would abide by the decisions of that Lord Speaker. I would therefore like to see this for a trial period, and I favour the proposition that is before us this afternoon.

3.30 pm

Lord Higgins: My Lords, I also had the privilege of being on the Select Committee on the Speakership of the House, which, as has been pointed out, came out very strongly indeed against the proposal which is before us this afternoon.

I would just make one other point, which has been touched on earlier, and which I would have thought might possibly have appealed to the noble Baroness, Lady Boothroyd. In the House of Commons, the Clerks sit immediately in front of the Speaker and can lean backwards to give advice. It may be very often that the Speaker in the other place does not need that advice, but there are occasions which are highly technical and where such advice may be useful. It would be quite impossible in this House, as it is presently configured, for the Clerks to give advice to the Speaker without it being very apparent-it is not always apparent in the other place-that the advice has been given.

Baroness Quin: My Lords, I do not claim to have the unique experience of the noble Lord, Lord Wakeham, but having been a member in the other House for a number of years, like many people I think, I often compare and contrast the proceedings between both Houses. In many ways, the experience of being in the House of Lords is a very favourable one in that respect. However, for the reasons advanced by the noble Baroness, Lady Boothroyd, I feel that it is worth at least having a trial period where we have these matters judged by the independent voice of the Speaker.

On this occasion, I would actually like to consider going further down the "slippery slope", although I normally like the self-regulation approach very much. These days, however, I have to say that Question Time-certainly for me and, I think, some others-can be quite stressful when one is competing so much with very active and well prepared Members on one's own side, as well as trying to intervene in Questions in relation to other groups. In many ways, we should consider the Speaker as having the ability in the future to call Members because I think that it would create a fairer distribution. Not all of us have booming voices

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or towering physical presences, and sometimes it is not pleasant competing with one's own side. Therefore I would like further consideration of this matter in the future.

Lord Rooker: My Lords, for two years while the noble Baroness, Lady Amos, was the Leader of the House, it was delegated to me to perform the functions of the Deputy Leader. I can assure the noble Lord, Lord Geddes, that the Lord Speaker can see more people around the House than the person sitting on the Front Bench can. There were a number of times when I had to be elbowed because I could not swivel my head to see other groups. That is a fact. On the other hand, the configuration of this House is not the same as that of the other place, where not only do the Clerks sit in front of the Speaker but the Speaker's secretary usually stands alongside him giving tips if he does not spot something.

I take very much what the noble Baroness, Lady Boothroyd, said. As a government Minister, it is not appropriate to choose who asks questions of the Government. That is the fundamental principle we are dealing with here. That should not be the role of a government Minister, and we need to find a suitable way. I can understand those who do not want change. Those who did not want a Lord Speaker in the first place can see, in years to come, the neutral person in the Chair calling the supplementaries. That in itself would be an advantage. I do not have the statistics in front of me, but something like 50 per cent of the supplementaries are asked by 10 per cent of the Members. That is because they have the loudest voices. It is a bully boy's tactic. We try to encourage people to come into this House in order to use their expertise, but when it comes to Question Time, they look at what happens and say, "I am not playing a role in this". Doing it that way is not professional and there has to be another way. I think that this is just a small modernising step.

Baroness Sharples: My Lords, I have been in your Lordships' House for 38 years and I should just like to say that I agree with the noble and learned Lord, Lord Lloyd. I think that the Leader of the House should be on his feet rather more quickly when two people are trying to ask a question.

Lord Campbell of Alloway: My Lords, I want to make a very short intervention because everything I have on my notes has been said by my noble friend Lord Wakeham and the noble Lord, Lord Grenfell, so really there is little more to say but this. The question is: are we to retain a self-regulating Chamber? If so, why dabble with the concept of opening a gateway that can never be closed? To what end and where is the justification for it?

Last night I read the official reports on this. There is not a shred of evidence to support proposal 1. Whatever was said about the Leader of the House and the Convenor of the Cross Benches, it forgot to mention the interests of the spiritual Benches. They are all the people who will decide what to do; they have the authority. You cannot land this job on a Speaker who

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does not have the authority and should never have it. I am not criticising any person or Speaker; I am talking about how the House should be run. It should be run by the arrangement of consultation that was referred to by my noble friend Lord Wakeham.

The last thing is that this is a question of crucial importance which also relates to other outside concepts that would have to be considered in legislation. It is quite wrong that we should now, without justification or evidence simply to please some concepts, do away with the maintenance of self-regulation of the House. It is the same sort of problem that we will have later on with retention of the ethos of the House.

Lord Grocott: My Lords, I know the concerns that are being expressed principally, although not exclusively, on the other side of the House. They basically imply that we are in danger of ending up with a situation like that of the Commons Speaker. I sympathise with those concerns. We do not want a Speaker in the sense of someone who has to adjudicate constantly on points of order and decide on balance whether difficult issues should be debated and so on. We do not want to go in that direction for all sorts of reasons which I think are well understood. However, I strongly support the proposal because I do not think there is any risk whatever of that happening under this change.

Indeed, I would offer as a kind of reassurance to those opposite that all these kinds of anxieties were expressed five years ago when the Speakership in its present form was established in this House. It was pretty vehemently opposed in all sorts of ways, while all sorts of forebodings were expressed as to what it would result in. I put it to the House that those forebodings have simply not been fulfilled. The Speakership has worked extremely well. I think that should be of some reassurance to those who feel that something serious, even cataclysmic, will happen if we support this proposal.

My main concern for wanting to be assured that this proposal will go through, and why I support it, is the issue that has not been mentioned. We are here to serve the public and part of that is for our procedures to be intelligible. Let us leave aside the term "self-regulation" at the moment-if there is regulation in any debate or at Question Time, it comes spasmodically from the government Front Bench. That is totally unsatisfactory for the reasons given by the noble Baroness, Lady Boothroyd, and for the practical reasons given by my good and noble friend Lord Rooker that you physically cannot see. In no Chamber anywhere on this planet or at any time in this planet's history has the person responsible for order had half the audience sitting behind them. We are an absolute one-off on that, which is the position that we are in at the moment.

I simply put it to the House that we should do as every other representative organisation that I, or I guess anyone else in this Chamber, have ever had any experience of by having the person with a kind of responsibility for easing things along sitting in the centre and at the front-so far as there is a front here-of the audience, which would make it immediately intelligible to people watching in this Chamber or on television. It is such a minimal change. It does not advocate any new powers; it simply says that the

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power should be transferred from somewhere that-let us be blunt-does not operate that wonderfully at present. I defy anyone to say that it is a model in how it operates at present that others should follow. It is a small change in the right direction without any fear that has been expressed or any likelihood of being justified in the exercise. I urge the House to support this unanimous proposal from a committee on which I was very proud to serve. It was a very diligent committee that took evidence from everywhere across the House, and we should let this proposal go forward.

Lord Alderdice: My Lords, I suppose that all of us come to these matters very much with our own experience, so it is perhaps no great surprise that a very distinguished Leader of your Lordships' House should take the view that things should stay with the Leader, and a very distinguished lady who was Speaker in another place should feel that the Speaker is the more appropriate person. I therefore confess to having a good deal of sympathy for what the noble Baroness said, as I found myself in that situation some time ago.

Of course, the way in which one conducts oneself as a Speaker is not identical in different Chambers. Whatever the sense of authority might be in the other place, in the place in which I served there was the idea that the Speaker should exercise authority over some of the Members of that place rather than facilitate and persuade them. I need only state that idea for noble Lords to understand my point. In fact, I took as my guide Speaker Lenthall, who when confronted by the monarch and asked to identify Members of the other place said that he had neither eyes to see nor lips to speak other than the House gave to him.

That is what we are talking about. We are not talking about an end of self-regulation because we are not talking about new powers for anybody. We are simply talking about an element of the responsibility that lies currently with the Leader of the House to be taken not by the Leader but by the Lord Speaker, who has been elected by noble Lords. It is not a change to the procedures, the authority or responsibilities. It is simply that a different person undertakes those responsibilities on behalf of the House and in sympathy with the House-not exercising authority over the House.

We should not think of this as an end of self-regulation or even a change to self-regulation. This is simply a question as to who is the most suitable person and in the most suitable place to undertake this. I have no criticism of my noble friend the Leader of the House, who conducts himself with great decorum and a good deal of subtlety and has helped us through the difficult expansion of our numbers and the pressure on the work of the House. I must say, however, that there are some points of difficulty in our work, particularly at Question Time.

3.45 pm

I did not find it a particular difficulty in coming to your Lordships' House to force my way to the fore to ask questions-with my background I had to pull myself back a little from time to time because I knew I was no longer competing with the noble Lord, Lord Bannside, and others in another place-



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A noble Lord: Never!

Lord Alderdice: Never. However, I appreciate for many other noble Lords coming into the House from other places-many of them not political chambers-it is not a great encouragement to involve oneself in the business of questions. I take very seriously what the noble Lord, Lord Rooker, says about the number of people who engage at Question Time not being entirely satisfactory.

We might, by this very, very modest change, be able to send a signal to ourselves and others that we want to see a greater involvement of the House as a whole. I accept that there is no ideal place to sit in this Chamber to see everyone. The Lord Speaker would obviously have some difficulty seeing those who are in wheelchairs but, as has already been observed, the Leader of the House has considerable difficulty seeing those who sit behind him, so there is no ideal place.

However, some things have been adduced in the debate that really do not apply and are actually a protection against the slippery slope over which noble Lords have great anxiety. There is no need with this particular change for technical advice to be provided to the Lord Speaker. There are no points of order, and no complicated questions of procedure apply in this case. Therefore the experience that I had to have, as indeed do Speakers in other places, of having a Clerk either in front or beside to give the kind of technical advice that is not easily facilitated in your Lordships' House, simply does not apply with this very modest change. All that is being asked for-

The Countess of Mar: What would the noble Lord suggest should happen if people from those Benches, his Benches or this Bench got up at the same time and would not sit down?

Lord Alderdice: I am very grateful indeed to the noble Countess for raising that question. I think my noble friend the former Leader of the House raised a very interesting question that I saw raised a few eyebrows. He indicated that that responsibility lay with the leaders of the groups. I am not sure that I have observed the leaders of the groups and the Convenor intervening in that way. That would be a move away from self-regulation of the Chamber as a whole. The Lord Speaker move that is being proposed would not change that question; it would simply change identification of the groups, not the sides of the House, whether we are talking about the Convenor of the Cross-Benchers, Labour, Conservatives, Liberal Democrats or indeed the Bench of Bishops.

However, if the suggestion made by my noble friend Lord Wakeham and pointed to by the noble Baroness were to be adopted and it was for the leaders of the various groups to indicate which of their colleagues should address the House, it would become extremely inappropriate for the Leader of the House to undertake that as the leader of the Conservatives. If it were to be taken in that way-and I am not sure that we actually are in that position-it would be even clearer that it should be the Lord Speaker who undertakes that. However, I find myself somewhat doubtful that that

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really is the way the House sees itself functioning. I think it wants to hold to a degree of self-regulation whereby the House as a whole calls for the Peer they wish to hear. That is really the preferable position for us to hold to, but there does seem to be a little uncertainty.

In conclusion-

Noble Lords: At last!

Lord Alderdice: I am grateful for the indulgence of the House. In conclusion, this is the most modest of changes, which, as the noble Lord, Lord Grocott, says, would be much more comprehensible to those outside-and we hope that an increasing number is observing our procedures-and would in no way take away from the self-regulation of this House.

Lord Wright of Richmond: My Lords, in the light of the remarks of the noble Lord, Lord Rooker, I shall speak a little more softly than usual. I regard this proposal as a sad reflection of the decline in standards of courtesy, of self-regulation, of discipline and of brevity in this House, and I shall oppose it.

Lord Stoddart of Swindon: My Lords, I say to the noble Lord, Lord Grocott, that the Speaker we elected has virtually the same powers as the Lord Chancellor, who was summarily dismissed by Mr Blair. The role of the Speaker is no different from what went before. When this House was discussing whether we should have an elected Speaker, one of the reasons given in favour of having an elected Speaker was that there would be no difference from the previous situation. One of the arguments against it was the thin-end-of-the-wedge argument: that although there would be no initial plans, there would be moves later on to give the Speaker more powers. And so it has happened, because that is what is proposed today. I agree with the noble Lord, Lord Wakeham, in one respect: the House should not vote for this proposal today. I do not agree with him about handing power to party leaders, which really would be a retrograde step.

When I came here 28 years ago and saw how the House of Lords worked, I said, "It simply is not possible that a Chamber like this can regulate itself", but I quickly found that it could, and did, regulate itself, and that its self-regulation was good for democracy -much better than in the House of Commons. I really enjoyed it. That was in a House not of 823 Members but of 1,183 Members. It should be easier for the House to regulate itself now than it was when there were a lot more Members.

One of our present problems-and there are problems; there is a lot of shouting, which ought not to go on-arises from the fact that there is a coalition Government and that the House is not sure whether the Liberal Democrat party should have a voice apart from the coalition. Frankly, that has to be settled. The only people who can settle it are the political parties and the usual channels. I wish they would set about it, and then we would know who was entitled, and when, to speak, particularly at Question Time.



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My final point is a personal point. All we have heard about is the political parties and the Cross Benches. Although I sit among the Cross-Benchers, and they are very kind to accept me among them, I am an independent Labour Peer. I have not yet registered myself as a political party and I do not want to have to do so, but if parties are going to be called rather than individuals-the recommendation is that people should not be named-I shall be in some difficulty. I shall have to register myself as a political party, the Independent Labour Party, the previous one having become defunct quite a long time ago. For all those reasons, including the personal reason, I believe that the House should vote against this recommendation.

Baroness Hooper: My Lords, the House of Lords has a reputation for courtesy and good manners, as the noble Lord, Lord Wright, has already said. The basic system is very simple: speakers at Question Time and in debates rotate around the various political groups. I believe it is the responsibility of every Member of your Lordships' House to understand this simple principle and to give way gracefully, as appropriate. That is what self-regulation means. It is also what good manners mean. I hope very much that your Lordships' House will continue to operate in an effective and efficient manner without having to make this change.

Lord Martin of Springburn: My Lords, when I came here two years ago, I looked forward to asking questions, because as a Speaker I was not able to. Of course, in politics, many of us do not go and read a big book as to how things are done-we watch and we listen. The noble Lord, Lord Rooker, mentioned the bully boys and those who get in more than others. I watched and listened, and the person that seemed to get in a great deal more than others was the noble Baroness, Lady Gardner; and she could not be described as a bully boy. I said to myself that I would take a good example as a good thing and listened to the noble Baroness and how brief her questions were. I would be delighted if a Speaker or the Leader of the House was able to help an individual by saying that a particular individual should be called. However, the proposal is not to call an individual; it is to say which section of the House should have their turn, which is very different. To me, that is not going to help the person who is quiet-voiced and quiet-minded. If the proposal did say that an individual would be picked, I might have a different point of view.

It seems shambolic, but, in a way, this place seems to work at Question Time. There is a fairness about it, such that the quiet person often does get called. We talk about the Leader of the House being a Minister of the Crown, but the Leader of the House in the other place is a Minister of the Crown. The Leader of the House, although a Minister of the Crown and a member of a majority party, still has an obligation to look after the needs of the House and to be fair. I have seen that fairness demonstrated by the noble Lord, Lord Strathclyde, when he has said whose turn he thinks it is. Correct me if I am wrong, but that is the

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term that is used: "I think it is the turn of the Cross-Benchers"; "I think it is the turn of the Labour Party". That narrows things down such that when it gets to the stage of two Labour Members arguing with one another, they should have the good sense to allow someone else to get in; or to say to themselves, "Last week, I got in and perhaps I will let a colleague do it this week".

I very much enjoy being able to ask questions, including about apprentices. I remind the House that I came out of engineering. One of the loveliest things that my old foreman used to say was, "Michael, if it works, don't fix it". I would leave things as they are.

4 pm

Lord Campbell-Savours: My Lords, I go back to the contributions of the noble Lords, Lord Wakeham, and the noble and learned Lord, Lord Lloyd of Berwick, because they raised two very important issues. They pointed to the need for the Front Bench to retain the role that it currently has. I will argue quite simply that it is impossible for the Front Bench to carry out that role. That has always been my position. In the correspondence that I had with about 500 Members four years ago, when 300 or so Members replied and gave their views on the matter, an overwhelming majority of those who responded said that they were in favour of changing the role of the Lord Speaker. It was clear that there was considerable concern about the role of the Front Bench-Labour was in government at the time-in carrying out that responsibility.

The noble Lord, Lord Wakeham, and the noble and learned Lord, Lord Lloyd of Berwick, both referred to the need to intervene earlier, but therein lies the problem, because the Front Bench cannot intervene earlier without appearing to be political.

A noble Lord: Rubbish!

Lord Campbell-Savours: The noble Lord opposite says, "Rubbish!", but some of us, including the noble Baroness, Lady Boothroyd, watch what is happening on the government Front Bench during Question Time. The noble Baroness, Lady Anelay, very effectively seeks to have some influence on what is going on in the Chamber and often talks among her colleagues on the Front Bench as to who should be called. We are pointed to by Ministers on the government Front Bench, almost inviting us or identifying us to intervene during the course of the debate.

Lord Grenfell: This may be a hypothetical question, but it comes to my mind. When the noble Lord says that it should not be in the gift of the Leader of the House because of the political implications, would we now be granting those powers to the Woolsack if we still had a Lord Chancellor-because he was a political figure, too?

Lord Campbell-Savours: We do not have a Lord Chancellor; we now have an independent Lord Speaker. I am arguing that we should take that role away from the political and give it to the independent Chair of

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our proceedings, thereby enabling early intervention in a House which, during Question Time, is often unruly, and which has led to public criticism when people see adults on television standing screaming, shouting and bawling at each other across the Floor of the House. Anyone in this House who can claim that that is a dignified spectacle misunderstands what is expected of this House.

Lord Hamilton of Epsom:My Lords, I am absolutely staggered that any Member of this House who has served in the other place-or the House of Commons, I am pretty agnostic on what we call it-should be advocating greater authority for our Speaker. I fear that I do not remember the halcyon days of the noble Baroness, Lady Boothroyd. I remember her authority being constantly challenged on totally bogus points of order. You have only to pick up a Hansard from yesterday, which will be like any other Hansard from the House of Commons. It will show that after every Question Time, people leap to their feet with points of order which are not points of order. They are people who missed out on Questions-they have not managed to get in, so they ask their question anyway-or they bring up some constituency matter that happens to concern them. That is all completely bogus. The authority of the Speaker is constantly challenged in the House of Commons, and it will be challenged here if we give authority to our Lord Speaker. We do not want to go down that path; it is a very retrograde step. We should learn from the House of Commons and stay with a system that works very satisfactorily as it is.

Lord Brooke of Alverthorpe: My Lords, I am finding this a very strange debate indeed. I always thought that when we had a Leader's Group, the Leader of the House was on the group and presented the report to the House. Then it went back to the Procedure Committee. The Procedure Committee then went through the report and then presented its report with recommendations which it unanimously backed. We knew precisely where we stood then and had very strong leadership. Times change, and the report has been presented today in a very different way, in a neutral fashion. I have been waiting to see who will speak on behalf of whom in defending the current position or advocating change. It looks as if we have a new style of neutrality, which we have not had before. In those circumstances-and I say this as someone who saw the House regulating itself well when I first came in, with civility, courtesy and discipline; and no doubt I am now as much part of it as anyone else-it has changed. We should recognise that we have changed, and move on. I have again heard criticism of the Leader today, saying that he does not intervene in the way that Leaders intervened in the past. I am moving then to say that I am going with the change, and I am hard pressed on this. I do not like the state that we have got ourselves into, and therefore if changes come, I have got to go with them-unless, of course, somebody will stand up firmly and say "No, we are stopping it. We are going back to what it was like before, and I am the individual who will ensure that that happens". I do not know who that individual is in the House, and who is going to say it. But the question I pose to the Leader is: is he going to speak this afternoon?



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Lord Dubs: My Lords, I have the feeling that our procedures work pretty well on the whole. However, the one area where they do not work well is at Question Time. All I would say is that a House that approaches matters with more dignity than the Commons becomes extremely undignified when we get to Question Time or questions on Statements, and I do not like that. Your Lordships will notice that everybody who has spoken is what I would call an old hand. I do not think that any of the newer Members have spoken. But I have talked to some of them, and they said that they do not like Question Time, and do not take part in it, because they feel that they do not get a fair share of it. They do not like having to outshout the bullies, and they feel that it is more dignified not to do that. That we should allow new Members to feel this way is a condemnation of our procedures.

I believe in the dignity of this House, and I do not believe that this change will make us become like the Commons. All it will do is transfer responsibilities from the Front Benches to our Speaker, who we voted for, and who we all respect. We are not going to challenge our Speaker if we do not agree with which groups she points to. We will accept her decision with good grace, as we accept with good grace what the Leader of the House does from the Front Bench when he points to one group or another.

There are, of course, other difficulties, which have been referred to already, and I would like us to go a bit further. It is all right to say which group or side is going to come next, but what about those who are not members of a group or of a side? What about UKIP or Independent Labour? How do they get a fair share? It is quite hard for them. In the Commons, the Speaker makes a point of ensuring that small minorities get a share, probably a bigger share, but there is no such safeguard here. Yes, we defer to the Bishops' Bench; we do that because we do that, and we have always done it, and that is not a bad thing either. However, we have no tradition of knowing how to cope with UKIP or Independent Labour, or any individuals. Though the proposal does not go this far, I would have thought that the Lord Speaker, from the Woolsack, would be in a better position to be fair to all the Members of this House. This is a small but important step. It will add a bit to the dignity of the House and keep us as a self-regulating House.

Lord Ribeiro: My Lords, as a new Member who has not spoken, I would like to say a few words. Few of my friends would consider me a shrinking violet, but there is no question that, for new Members, speaking in this House is a steep learning curve. I have been fortunate to have two or three Questions at Question Time. One thing that is very surprising is that the Member who puts the Question often has less time to ask their question than do those who ask questions afterwards. Brevity is the key. It has been emphasised that some of us are able to keep our questions fairly brief. Self-regulation is not just about the Leader of the House determining who speaks and when; it is about the Members themselves recognising that they have 30 minutes in which to deal with four Questions, and that that can be done satisfactorily only if people keep to time and allow

8 Nov 2011 : Column 143

others to have a say as well. I do not think that there is a problem with the system as it stands. It is for us to look at how we behave.

Lord Kakkar: My Lords, I have had the privilege of sitting in your Lordships' House for only 18 months but I have received the warmest of welcomes, particularly at Oral Questions. I have also learnt three unique characteristics of your Lordships' House. The first is that all noble Lords are equal. There is no stronger manifestation of that characteristic than at Question Time, when one has the privilege to be heard because it is the will of your Lordships that one should be heard. Secondly, this is a self-regulating Chamber and noble Lords hear from whom they want to hear in the context of the Question being discussed and the expertise that is present in the Chamber at the time of the discussion. Finally, I have learnt that there is a very important constitutional role for the Leader of the House which goes far beyond his responsibility as a member of the Cabinet and far beyond his responsibility as leader of the governing party in this House-the obligation to every Member of your Lordships' House to serve their interests and to ensure that the will of the House is properly communicated and understood. To divide the Leader of the House from the specific responsibilities that we discussed at Oral Questions today runs the risk of removing this overall obligation which the Leader of the House has to all noble Lords.

Baroness Butler-Sloss: My Lords, after the comments of the noble Lord, Lord Dubs, I am very tempted to say-as yet another fairly recent Member of this House, having joined just over five years ago-that I am not entirely happy with the way in which Question Time is seen by the public. We do not behave as well as we should. However, I do not think that the current proposal would make it much better, for all the reasons that have been given. It seems to me that two things should happen. First, I think that the Leader of the House or the Chief Whip should occasionally make it clear whose turn he or she thinks it is. That is not always as clear as it might be. Secondly, it is time that we, as Members of this House, used self-regulation to mean self-regulation of each individual-we should behave better. We should sit down when other people are standing and hope that we will have a chance, but if we do not get a chance to speak, we should hope that we will have a chance next week. That is one of the reasons why I do not speak very often at Question Time. I feel that others have something to say and I want to speak only when I really have something to say. If we are proud of self-regulation, we have an obligation to regulate ourselves.

Lord Lucas: My Lords, I am for self-regulation but I think that the usual channels could help us a little. We could be clearer, as the noble Lord, Lord Stoddart of Swindon, said, about whose turn it is and what the rules are. I think that there is a blockage in the usual channels which should be cleared. It creates conflicts every Question Time, which is unnecessary. I also think that the leaders of individual parties should be much better at disciplining their own members-either

8 Nov 2011 : Column 144

those who speak too frequently and stop others speaking or those who speak at too great a length. I get the impression that there is no effective discipline in that respect. It would help if one knew that someone who sins will be dealt with afterwards.

The Countess of Mar: I was very impressed with what my noble friend Lord Wright had to say and with what the noble Baroness, Lady Hooper, said about courtesy and observing other people. I think that this is a temporary problem. The noble Lord, Lord Stoddart, said that we are a smaller House than we used to be, but in fact an extra 100 people sit in the House each day, so there is more pressure on the House. We have had a sudden influx of people who do not understand the rules. I think that they are now bedding down, so the proposal is unnecessary, if not premature.

4.15 pm

Lord Palmer: My Lords, I have a quick question of clarification. If this Motion is agreed, are we going to adopt the idea of the noble Lord, Lord Colwyn, to actually raise the Woolsack? As the noble Lord, Lord Geddes, mentioned, you cannot physically see these Benches from the Woolsack. I would be grateful for the Leader's response.

Lord Pearson of Rannoch: I should thank my noble friend Lord Stoddart-if I may refer to him as that-and the noble Lord, Lord Dubs, for what they said about the minority parties and independents in your Lordships' House. I would comment further, however, by saying to the noble Lord, Lord Campbell-Savours, and others who feel that we behave extremely badly at Question Time, and that this does not do us any good with the public, that I think that the public see a substantial difference between Questions in your Lordships' House and Questions, particularly Prime Minister's Questions, in the House of Commons. The members of the public who I talk to always say how well behaved your Lordships' House is in comparison to the other place.

Lord Campbell-Savours: Perhaps I may just refer to this myth about the distinction between the two Houses and ask the noble Lord whether he appreciates that in the Commons people do not stand and bawl at each other across the Floor of the House.

Noble Lords: Oh!

Lord Campbell-Savours: No, they do not. I would suggest that Members go to the Public Gallery in the Commons and see what goes on there. This is one of the only Houses in the world where Members bawl at each other to be heard on the Floor of the House.

Lord Pearson of Rannoch: I simply cannot agree with the noble Lord. As someone who tries to get in on Questions quite a lot-only because I am interested in a subject which is quite topical at the moment-I would have thought that when noble Lords get up who have not spoken and do not speak very much, the courtesy in your Lordships' House is definitely there,

8 Nov 2011 : Column 145

to hear the new person, to give them a chance and so on. So I think that this aspect of our bad behaviour-and I speak also as someone who gives way a lot, and I am very happy to go on doing it-is exaggerated.

I am not sure that this Motion on the Order Paper really helps us. As I understand it, the Lord Speaker would simply choose a group, whether the Conservatives, the Cross Benches, Labour or the Bishops-though we normally give way to Bishops in any case. Time would be taken because it would go to the leader of the chosen group to decide who was going to speak. I am not sure that, as drafted, this takes us forward at all.

Finally, I would ask the Leader of the House, if he is going to speak, if he could clarify a doubt which the noble Lord, Lord Stoddart, mentioned, and which is in the minds of many of us when we decide whether we are trying to get in at Question Time. Are the Government one group, and does each speaker from the Government count as a question asked by the Government, or are we in fact dealing with the Liberal Democrat party and the Conservative Party, and therefore do they each get a shot at Questions as the groups revolve around the Chamber?

The Chancellor of the Duchy of Lancaster (Lord Strathclyde): My Lords, what an extraordinary debate. I have never seen the House so impeccably well behaved, gracefully giving way to each other without being asked and without any intervention from me or anybody else. If it were like this all the time we would never need to have this debate.

This debate has been in gestation for some years, since the noble and learned Lord, Lord Lloyd of Berwick, published his initial report, which settled the position for two or three years. It has become an increasingly hot topic and I very much welcome the debate that we have had today and the report of the Leader's Group. It is important that we have this discussion.

I ought to lay out my cards at the very start of this debate. I do not favour the proposal. If it is called to a vote, and I am sure that it will be, I shall vote against it. Why? I think that the Leader's Group sought to find a compromise, and in that it may well have created the seeds of doubt. I do not think that it will work. Simply moving the powers that I hold to the Woolsack-and many others have made this point-will not make things any better. If there is a failure in the current way that I interpret the rules, I am not convinced that the Speaker will do it any better. Whether or not we want to change the role of the Chair, it is not the proposal that we have before us today.

Secondly, it is the start of the end of self-regulation. I very much pray in aid the brief speeches of the noble Lord, Lord Wright of Richmond, who said that we should pause and reflect before we let go of the ancient way of self-regulation that has served the interests of the House for so long.

Thirdly, as a result of that, it will lead us inexorably to the Lord Speaker being given the power of calling individual Peers, which in turn will lead us to the system of the House of Commons. I have never been a Member of the House of Commons. I have been to see

8 Nov 2011 : Column 146

it from our own Peers' Gallery and I have watched it on television. Presumably, the House of Commons has its own ways of behaviour, customs and traditions. However, I wonder whether any fair-minded, reasonable citizen who sat in our Gallery and then that of the House of Commons would really believe that the House of Commons is better behaved. I think not.

A number of Peers, including the noble and learned Lord, Lord Lloyd, and my noble friend Lady Sharples, said that part of the problem was that I am not up on my feet quickly enough to bring order to the House. I will respond to that. I do not see my role as that of a Speaker bringing order. As others, including the noble Lord, Lord Martin of Springburn, said, I see my role very much as trying to guide the will of the House to put itself back in order. However, if the proposal is not agreed and the powers are retained by the Leader, I would not mind having my own little experiment of leaping to my feet with greater alacrity and seeking to guide the House more urgently.

The second criticism of my role was made by the noble Baroness, Lady Boothroyd, the noble Lords, Lord Grocott and Lord Campbell-Savours, and others. They said that my role is essentially political as a Minister of the Crown and that these powers should not be vested in someone who is so clearly a politician. I understand the impeccable logic of that, but I still think that it is completely wrong. Ministers in all sorts of roles also have to be able to carry out an independent role of leadership, which is what I very much try to do as Leader of the whole House. I hope that the House can recognise when I am being nakedly political and also when I am representing the interests of the whole House, which is what I try to do at Question Time.

A number of questions were asked about my interpretation of the rules. The usual channels, through the Chief Whips, have decided and agreed that the Liberal Democrats and the Conservative Party at Question Time are treated as one group. Therefore, we take it in turns. That gives an advantage-contrary to what the noble Lord, Lord Rooker, might believe-to the party of opposition. It is right that the party of opposition should have the lion's share of Question Time: after all, it is trying to scrutinise the Government. For instance, today there were 24 supplementary questions, of which 15 came from the Labour Party. I am bound to say that if this power were moved to the independence of the Woolsack and the Lord Speaker, I am not so sure that that arrangement would be maintained. One has only to listen to the speech of my noble friend Lord Alderdice to see that.

It is not so much a question of, "If it ain't broke, don't fix it"; there is always room for improvement and for doing things better. In the first year of coalition, we had a substantial increase-more than 100-in the number of Peers in the House. There was a difficult sense of assimilation. There were certainly Members of another place, on all sides of the House, who thought that they had arrived in a House of Commons without any rules. That was not the case; it is not the case. As the first anniversary kicked by there was a sense of settling down in the House. I have noticed that the House seems to be happier in its skin, with

8 Nov 2011 : Column 147

new Peers and the coalition working together. The noble Countess, Lady Mar, was quite right in pointing that out.

The most difficult decision at Question Time is what to do, if I can put it as politely as possible, with the Bishops and the noble Lords, Lord Pearson and Lord Stoddart, who clearly represent a view-not the Bishops; I must not confuse the Bishops with the noble Lords-that is live outside this House. As an act of great courtesy, and rightly, the House always gives way to the Bishops. I think that we should maintain that, but I am not sure that this proposal allows for that.

I have learnt a lot from listening to this debate. I think that we have had a very good opportunity to air all the grievances and potential problems, and, I hope, also the benefits of the system that we already have.

The Chairman of Committees: My Lords, if no other noble Lord wishes to intervene, I beg to move that Motion 1 be agreed to.

4.26 pm

Division on Motion 1

Contents 169; Not-Contents 233.

Motion 1 disagreed.


Division No. 1


CONTENTS

Ahmed, L.
Alderdice, L.
Anderson of Swansea, L.
Andrews, B.
Armstrong of Hill Top, B.
Ashdown of Norton-sub-Hamdon, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Bassam of Brighton, L.
Beecham, L.
Bew, L.
Bichard, L.
Billingham, B.
Bilston, L.
Blackstone, B.
Boateng, L.
Boothroyd, B.
Borrie, L.
Bradshaw, L.
Bragg, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Browne of Ladyton, L.
Butler of Brockwell, L.
Campbell of Surbiton, B.
Campbell-Savours, L. [Teller]
Clark of Windermere, L.
Clinton-Davis, L.
Corston, B.
Cotter, L.
Crawley, B.
Davies of Oldham, L.
Davies of Stamford, L.
Dean of Thornton-le-Fylde, B.
Donaghy, B.
Donoughue, L.
Doocey, B.
Dubs, L.
Elder, L.
Elystan-Morgan, L.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Fellowes, L.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Gale, B.
German, L.
Gibson of Market Rasen, B.
Goldsmith, L.
Gordon of Strathblane, L.
Goudie, B.
Grantchester, L.
Grey-Thompson, B.
Grocott, L.
Hamwee, B.
Hannay of Chiswick, L.
Hanworth, V.
Harris of Haringey, L.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Hayter of Kentish Town, B.
Healy of Primrose Hill, B.
Henig, B.
Hollick, L.
Hollins, B.
Howarth of Breckland, B.


8 Nov 2011 : Column 148

Howells of St Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hurd of Westwell, L.
Hylton, L.
Janner of Braunstone, L.
Jolly, B.
Judd, L.
Kennedy of Southwark, L. [Teller]
Kennedy of The Shaws, B.
Kerr of Kinlochard, L.
King of West Bromwich, L.
Kingsmill, B.
Kinnock, L.
Kinnock of Holyhead, B.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Kramer, B.
Lamont of Lerwick, L.
Lee of Trafford, L.
Liddell of Coatdyke, B.
Liddle, L.
Lipsey, L.
Lister of Burtersett, B.
Luce, L.
McAvoy, L.
McDonagh, B.
Macdonald of Tradeston, L.
McFall of Alcluith, L.
McKenzie of Luton, L.
Mar and Kellie, E.
Marks of Henley-on-Thames, L.
Marlesford, L.
Massey of Darwen, B.
Maxton, L.
Meacher, B.
Miller of Chilthorne Domer, B.
Mitchell, L.
Monks, L.
Moonie, L.
Morgan, L.
Morgan of Drefelin, B.
Morris of Manchester, L.
Morris of Yardley, B.
Murphy, B.
Newby, L.
O'Loan, B.
O'Neill of Clackmannan, L.
Palmer of Childs Hill, L.
Pannick, L.
Pitkeathley, B.
Quin, B.
Radice, L.
Ramsay of Cartvale, B.
Randerson, B.
Rendell of Babergh, B.
Richard, L.
Roberts of Llandudno, L.
Rooker, L.
Rosser, L.
Royall of Blaisdon, B.
Sawyer, L.
Scotland of Asthal, B.
Scott of Needham Market, B.
Sewel, L.
Sharkey, L.
Sherlock, B.
Shipley, L.
Smith of Basildon, B.
Smith of Clifton, L.
Smith of Finsbury, L.
Snape, L.
Soley, L.
Steel of Aikwood, L.
Stone of Blackheath, L.
Stoneham of Droxford, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Teverson, L.
Thomas of Winchester, B.
Tomlinson, L.
Touhig, L.
Tunnicliffe, L.
Turner of Camden, B.
Tyler, L.
Walmsley, B.
Warner, L.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wheeler, B.
Whitaker, B.
Whitty, L.
Wigley, L.
Wilkins, B.
Williams of Elvel, L.
Wills, L.
Young of Hornsey, B.
Young of Norwood Green, L.

NOT CONTENTS

Aberdare, L.
Addington, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Anelay of St Johns, B.
Armstrong of Ilminster, L.
Arran, E.
Ashcroft, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Berridge, B.
Blackwell, L.
Blencathra, L.
Bottomley of Nettlestone, B.
Bowness, L.
Bristol, Bp.
Brittan of Spennithorne, L.
Brooke of Sutton Mandeville, L.
Brougham and Vaux, L.
Browning, B.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Campbell of Alloway, L.
Carswell, L.
Cathcart, E. [Teller]
Cavendish of Furness, L.
Chadlington, L.
Chorley, L.
Christopher, L.
Clancarty, E.
Clarke of Hampstead, L.
Clement-Jones, L.
Cobbold, L.
Colwyn, L.
Condon, L.
Cormack, L.
Courtown, E.
Coussins, B.
Craig of Radley, L.
Craigavon, V.
Crathorne, L.
Crickhowell, L.
Cumberlege, B.
De Mauley, L.


8 Nov 2011 : Column 149

Dear, L.
Deech, B.
Denham, L.
Desai, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Dundee, E.
Dykes, L.
Eames, L.
Eaton, B.
Eccles, V.
Eccles of Moulton, B.
Eden of Winton, L.
Edmiston, L.
Elton, L.
Emerton, B.
Empey, L.
Erroll, E.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Feldman of Elstree, L.
Flight, L.
Fookes, B.
Forsyth of Drumlean, L.
Framlingham, L.
Freeman, L.
Freud, L.
Garden of Frognal, B.
Gardiner of Kimble, L.
Gardner of Parkes, B.
Garel-Jones, L.
Geddes, L.
Glenarthur, L.
Goschen, V.
Greengross, B.
Greenway, L.
Grenfell, L.
Hamilton of Epsom, L.
Hanham, B.
Harris of Richmond, B.
Henley, L.
Heyhoe Flint, B.
Higgins, L.
Hill of Oareford, L.
Hilton of Eggardon, B.
Hodgson of Astley Abbotts, L.
Hogg, B.
Hollis of Heigham, B.
Hooper, B.
Howard of Rising, L.
Howe, E.
Howe of Idlicote, B.
Howell of Guildford, L.
Inglewood, L.
James of Blackheath, L.
Jenkin of Kennington, B.
Jenkin of Roding, L.
Jones, L.
Jopling, L.
Kakkar, L.
Kilclooney, L.
King of Bridgwater, L.
Knight of Collingtree, B.
Laming, L.
Lang of Monkton, L.
Lawson of Blaby, L.
Leach of Fairford, L.
Lester of Herne Hill, L.
Levene of Portsoken, L.
Lexden, L.
Lindsay, E.
Lingfield, L.
Listowel, E.
Liverpool, E.
Lloyd of Berwick, L.
Lofthouse of Pontefract, L.
Loomba, L.
Lucas, L.
Luke, L.
Lyell, L.
McColl of Dulwich, L.
MacGregor of Pulham Market, L.
McNally, L.
Maddock, B.
Magan of Castletown, L.
Maginnis of Drumglass, L.
Mancroft, L.
Mar, C.
Martin of Springburn, L.
Mayhew of Twysden, L.
Miller of Hendon, B.
Montgomery of Alamein, V.
Montrose, D.
Morris of Bolton, B. [Teller]
Morris of Handsworth, L.
Morrow, L.
Moynihan, L.
Naseby, L.
Neville-Jones, B.
Newlove, B.
Nicholson of Winterbourne, B.
Nickson, L.
Noakes, B.
Northbourne, L.
Northbrook, L.
Northover, B.
Norton of Louth, L.
O'Neill of Bengarve, B.
Oppenheim-Barnes, B.
Ouseley, L.
Patel, L.
Patten, L.
Paul, L.
Pearson of Rannoch, L.
Perry of Southwark, B.
Phillips of Sudbury, L.
Plumb, L.
Prashar, B.
Rawlings, B.
Razzall, L.
Reay, L.
Redesdale, L.
Rees-Mogg, L.
Rennard, L.
Renton of Mount Harry, L.
Ribeiro, L.
Risby, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
St John of Bletso, L.
Saltoun of Abernethy, Ly.
Sandwich, E.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sharples, B.
Shaw of Northstead, L.
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Slim, V.
Soulsby of Swaffham Prior, L.
Stedman-Scott, B.
Stephen, L.
Stoddart of Swindon, L.
Stowell of Beeston, B.
Strathclyde, L.
Sutherland of Houndwood, L.
Swinfen, L.


8 Nov 2011 : Column 150

Symons of Vernham Dean, B.
Taylor of Holbeach, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Tombs, L.
Tope, L.
Tordoff, L.
Trefgarne, L.
Trenchard, V.
Trimble, L.
True, L.
Tugendhat, L.
Ullswater, V.
Verma, B.
Wade of Chorlton, L.
Wakeham, L.
Walker of Aldringham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Wallace of Tankerness, L.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warsi, B.
Wei, L.
West of Spithead, L.
Wilcox, B.
Williamson of Horton, L.
Willis of Knaresborough, L.
Willoughby de Broke, L.
Woolf, L.
Wright of Richmond, L.
Younger of Leckie, V.

Procedure of the House (Proposal 2)

Motion to Resolve

4.41 pm

Moved By The Chairman of Committees

Amendment to the Motion

Moved by Lord Williamson of Horton

Lord Williamson of Horton: My Lords, this amendment was originally put forward by the noble Lord, Lord Low of Dalston, but as he is unable to be present today, I have put it forward in my name. I should like first to stress that I am strongly in favour of the proposal on the Order Paper today to make permanent an arrangement by which Secretaries of State answer questions in this House. The only issue raised by my amendment is whether 15 minutes are sufficient or whether the time should be increased to 20 minutes. We are speaking about a maximum time limit. We have plenty of experience in the House, for example, on the time limit for questions following a public Statement, when sometimes the full time is not used, but more frequently, questions are cut off by the time limit. In the case of a Secretary of State's questions now being proposed, some part of the time would normally be taken by a question from the opposition Front Bench, and there would probably be a question from the Liberal Democrats, thus the time for Back-Bench questions would be very short indeed. I hope therefore that the House will look favourably on another five minutes, a fairly modest proposal in my view, so that a Secretary of State could answer questions for a maximum of 20 minutes, not 15 minutes, as was the case in early 2010. I beg to move.



8 Nov 2011 : Column 151

Lord Laming:My Lords, this is a very modest amendment, but an important one for the reasons set out by my noble friend Lord Williamson. I hope very much that the House will endorse it without a Division.

Lord Goodhart: My Lords, we should not be taking this issue at this time because we have no Secretary of State. There is no real probability that there will be a Secretary of State in this House before the next general election. It seems to me that it would make more sense to leave this for what is likely to be some years, then bring it back and consider it in the light of events as they then are.

Lord Tordoff: My Lords, I disagree with my noble friend. This is an appropriate time because we do not have a Secretary of State. I have one other thing to add: I totally support the Motion and the amendment, but I wonder whether it should not be 20 minutes rather than 15 minutes. We can perhaps come back to that in the next Parliament.

Amendment to the Motion agreed.

Motion, as amended, agreed.

Procedure of the House (Proposal 3)

Motion to Resolve

4.45 pm

Moved By The Chairman of Committees

To resolve that Members should read out the text of oral questions, using the formula "My Lords, I beg leave to ask Her Majesty's Government" followed by the text of the question; and that there should be a mandatory word limit of 25 words (excluding the introductory formula) for all oral questions.

Lady Saltoun of Abernethy: This is the most ridiculous idea that I have ever heard in my life. As far as I can make out, it is put forward as a time-saver: how on earth is it going to be quicker to say "My Lords, I beg leave to ask Her Majesty's Government" and then another 25 words instead of saying "My Lords, I beg leave to ask the question standing in my name on the Order Paper"? It just does not make sense. Is it proposed, then, that the questions will not be printed on a list-or what?

Lord Alderdice: My Lords, the noble Lady must have had a sheltered existence if this is the most ridiculous thing that she has ever heard. I must confess that I have heard a good deal more ridiculous things. My understanding is that this is not in order to be more efficient or effective in regard to time, but to convey to those outside of the House what they do not have available-which is the Order Paper. Rather than their being uncertain of the purpose of the Question, they would be clear about it. I accept entirely what the noble Lady has said-that it would take up a little more time-but, if it contributes to making our proceedings more comprehensible to those who are watching on the television or by internet, it is a reasonable enough proposition. The idea that the number of words might be restricted is a good one as well.



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The Earl of Erroll: My Lords, I agree with the noble Lord and I confirm that that is the purpose. As everything is now televised, people must understand what is going on. We could get the time back by saying that the Minister may stand up when someone has been speaking and trying to ask a supplementary for 30 seconds and start the reply at that point. Quite simply, if one cannot get the question out in 30 seconds it is just bad luck.

Lord Higgins: My Lords, I believe that the present arrangement works extremely well. As far as I can see, this will actually slow down the proceedings, and, to try to get some of the time back, imposes a limit on the length of Questions to 25 words. One can see a number of Questions on the Order Paper now which are over 25 words and are by no means excessively long. I see no reason whatever to change the existing arrangement.

Lord Cormack: My Lords, I agree very much with my noble friend, but there is one thing that we could do-and I hesitate to mention this. There is one practice in the Commons that speeds it up: that the Member asking a Question gets up and says "Number One", "Number Two" or "Number Three" or whatever. As the Question is printed on the Order Paper; as you can put texts on the television that viewers can read; and as every Member of your Lordships' House can read and has an Order Paper, that is the way one could speed things up. However, in my view there is absolutely no justification for this particular suggestion.

Lord Empey: My Lords, I support the noble Lord, Lord Cormack. Clearly, we want to make the House intelligible to as many people as possible. However, given that we have Questions one month in advance on our green sheet and, on the day, we get two sheets with the Questions on, nobody should be in any doubt as to what Question we are going to be asking. Given that the Questions are well known in advance, the solution is to have the text on the television. That would achieve the two things that we want to achieve: first, to better inform the public; and, secondly, not to do the very opposite of what we are trying to do in many of these Motions, which is to save time. This goes completely contrary to the thrust of them.

Baroness Royall of Blaisdon: My Lords, I am slightly agnostic about this. If I have to come down somewhere, I come down on the status quo. However, I am attracted to the limit of 25 words. We need more brevity in this House. I take myself to task, following on from the comments of the noble Lord, Lord Lucas, earlier, that my colleagues and I on the Front Bench do not take ourselves and other noble Lords on our Back Benches to task when they ask long supplementary questions. I do not say that we must have it in writing, but as a consequence of this debate we all need to be more mindful about the length of supplementaries, both questions and answers. I hope that that is one lesson we will have learnt from today.



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Lord Higgins: My Lords, before the noble Baroness sits down, as I understand it, the limit is on the length of the Question on the Order Paper. It is not on the length of supplementary questions.

Baroness Royall of Blaisdon: I understand that, but I was trying to draw a comparison by saying that it is not so much that we need a limit on the original Question, but that we need to be more self-regulatory in putting a limit on the length of supplementaries.

Baroness Kramer: My Lords, perhaps I may pick up on the point made by the noble Baroness, Lady Royall. I, too, am agnostic about the particular form, but the example that 25 words would make is perhaps one that the House would take on board. A short question takes a lot of hard work to frame but is probably the greatest courtesy that any noble Lord can pay to the House. The more questions we have on any particular topic, the better the range of issues around that topic is covered. I know that frequently only five supplementary questions are put, whereas I must say, coming from the Commons, I would have thought that closer to 10 supplementary questions are put in an equivalent time. That would be appropriate. We should somehow absorb the self-discipline of not believing that it is necessary to lay out the full background to a question, and then because our questions are so important, to ensure that two or three are wrapped into what is meant to be one supplementary question. But that is going to require the Leader of the House, the Leaders of other parties and perhaps the Members of longest standing who have real influence in this House actually to enforce the process. Perhaps then newer Members, who very rarely get to open their mouths in this place, will have an opportunity genuinely to contribute where they have real expertise.

Lord Campbell-Savours: My Lords, the problem with that as a proposition is that it does not work. We have been arguing for that for the past 10 years. I can think of innumerable occasions where Members have sought to try to stop people asking long supplementary questions, but I can guarantee the House that tomorrow it will happen again, and that it will happen on Statements. It is because we simply do not enforce the rules of the House. It is a problem that this House will ultimately have to address.

Lord Butler of Brockwell: My Lords, I want simply to ask whether it is in the House's power to arrange that the Question is printed on the television screen. That was exactly 25 words.

Lord Roberts of Llandudno: My Lords, the time allowed for each Question is about seven minutes. When we had a smaller House, most of those who wanted to ask a question were able to do so, but now there are so many people who cannot get in on a Question. They might not always have something valuable to contribute, but sometimes they do. Is it not time, perhaps not today but very soon, that we sought to

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adjust the length of the Questions by allowing eight or nine minutes for each of them rather than seven minutes?

Lord Lucas: My Lords, since we cannot even squeeze the name of the person speaking in Grand Committee onto the television screen, I doubt if we can fit 25 words on it.

Lord Harris of Haringey: My Lords, a simple arrangement would be to have a surtitle over the Throne so that anyone could look at it up there.

Lord Geddes: My Lords, I am all for paucity of words and the concept of limiting supplementaries to 25 words is thoroughly admirable, but that is not the point of this proposal. In that respect, I think that noble Lady, Lady Saltoun, has done the House a good service with her initial intervention. I certainly am not in favour of wasting the House's time even further.

Lord Jenkin of Roding: My Lords, I have a confession to make. I do not spend a great deal of time watching the Parliament channel or listen to "Yesterday in Parliament" and I do not know the answer to the question. Do those channels ever print the Question so that people can see it? It seems to me that the point made by the noble Lord, Lord Butler, is absolutely right. I am not concerned that the Questions should be on these screens because we can always get hold of the Order Paper ourselves. Indeed, that is one of the first things most noble Lords do when they come into the House. It is a question of whether people who are watching the proceedings know what the Question is. I do not want to have the Question read out in the House but we should follow this up through the Information Committee or whatever to make sure that the television channels print the Questions so that many more of members of the public who watch will know what we are talking about.

The Earl of Erroll: To help the noble Lord, it is not just television as there is also YouTube and other internet channels. You cannot do anything about that and we will probably be putting out more information that is much more accessible to the general public.

The Countess of Mar: My Lords, if people are interested in the proceedings of the House, they have only to go on to the parliamentary website and look at the Business of the House. They can then see all the Questions listed for a month ahead.

The Chairman of Committees (Lord Brabazon of Tara): My Lords, I do not know whether noble Lords think that we should maybe come to a conclusion on this proposal. Before asking for the Question to be put, I will say that I will take back the question of the noble Lord, Lord Butler, on how much or what is televised. Otherwise, I move that proposal 3 be agreed to.

Motion disagreed.



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Procedure of the House (Proposal 4)

Motion to Resolve

4.57 pm

Moved By The Chairman of Committees

Baroness Noakes: My Lords, I have one point to raise in connection with this, which comes back to courtesy in the House and which ran through the debates on the first proposal. If Members of this House were more courteous to each other, we would not have the problems that are perceived during Question Time. Often in Question Time, Ministers do not give Answers that merit any thanks whatever, but occasionally they give extremely helpful Answers. It seems to me that it would be improper that the Companion should debar the questioner from thanking the Minister for a useful Answer. While I am all in favour of stopping the ritual of thanking for Questions and Answers, the way in which this has now been expressed is wrong because it debars Members of the House from normal courtesy.

Baroness Farrington of Ribbleton: My Lords, I will make just a brief observation. Occasionally, the length of the reply does not assist the person who asked the Question but is an attempt to prevent their answering it.

The Chairman of Committees (Lord Brabazon of Tara): My Lords, as your Lordships know, I am completely neutral on these proposals and have no views. I therefore put the Question. I beg to move that proposal 4 be agreed to.

The Deputy Speaker (Lord Colwyn): I wonder whether it would help the House if I read out the Motion. This Motion invites the House to insert new guidance in the Companion with a view to promoting briefer interventions from Members and Ministers during Question Time.

Motion agreed.

Procedure of the House (Proposal 5)

Motion to Resolve

4.58 pm

Moved By The Chairman of Committees

Lord Pearson of Rannoch: My Lords, I am afraid that this proposal does not really make sense in practice. When a Statement is coming, it is normal practice that the Printed Paper Office does not release it until the Minister or Prime Minister in the Commons has sat down after making it. Under pressure of business in your Lordships' House, the time between the Minister sitting down in the Commons and a Minister getting up here to repeat the Statement is often extremely limited.

Many of your Lordships who want to contribute by asking questions may be in other parts of the House and do not know when the Statement is coming-it is "at a convenient time" after whatever piece of business has been decided. By the time one gets here and gets into the Printed Paper Office to get hold of the Statement to read it, the Minister is very often several paragraphs down the track. It is rather useful to have the Statement from the Printed Paper Office to catch up with what the Minister has said that one has missed because one did not know it was coming. The monitors over at your Lordships' House no longer ring the bell when a new piece of business is there, so if you are working in the Royal Gallery or wherever you happen to be, you have to keep a beady eye on the screen to know when the Statement is coming.

I do not feel that this proposal really works. I cannot see why yet again we cannot go on with the existing position. It cannot be taken for granted that, if one wants to contribute to the debate, one will have been able to have absorbed the Statement.

5 pm

Lord Brooke of Sutton Mandeville: My Lords, I take slight issue with the noble Lord, Lord Pearson of Rannoch. We had this problem fairly early after the coalition was formed. I raised the question on one occasion when the Leader was making a Statement that was not available to us because it had not finished in the Commons. The Leader was gracious enough to say that the rules of engagement in the Printed Paper Office should be altered and that the Statement should always be available as soon as the Minister got up in this House. I agree that the Printed Paper Office is not always consistent in its reactions. I had no difficulty in persuading it that these instructions had been given and the paper should in fact be released.

Lord Campbell-Savours: My Lords, the Motion actually reads,



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One must assume that the usual channels would have this matter in mind when deciding. Therefore I do not see any problem at all.

Lord Higgins: My Lords, I understand very well the case against reading out extremely long Statements. None the less, I believe that the repetition of Statements in this House is very important because very often they get much more detailed expert scrutiny than in the other place.

As far as television is concerned, it is rather regrettable. As far as I can establish they televise the original Statement in the Commons but virtually never show the Statement being repeated in this House. That is perhaps a point which ought to be taken on board.

Having said that, I think that there is also an important matter of timing-if it is an extremely long Statement, which is then going to be in the Printed Paper Office, one is going to need some time to read and digest it before the Statement is then bounced suddenly into this Chamber. At the very least, while one would not necessarily move a manuscript amendment, those dealing with this discretionary practice should certainly allow at least an hour and a half-and I would have thought two hours-between the Statement being available in the Printed Paper Office and it being taken on the Floor of the House.

Baroness Kramer: My Lords, surely the most important work we do when a Statement is put before this House is to question it and scrutinise it. Making sure there is adequate time for that and that a full range of views is aired is absolutely central to our responsibility.

I have perhaps a personal prejudice. I find that speeches that are read out are extremely difficult to listen to and a second-hand speech is, frankly, even harder to listen to because no one can put any life into it. I am not sure that listening to the speech gets me a lot further in terms of understanding. Perhaps that also applies to other noble Lords in this House. If we need a time delay to make sure that everyone has had an opportunity to actually do the reading, surely that is something that can be organised. It seems to me that the precious time we have should be spent on scrutiny rather than on a second-hand regurgitation of a speech that is sitting on paper in front of us.

Lord Pearson of Rannoch: My Lords, further to what I said earlier, I accept what the noble Baroness has said if there were to be sufficient time to really scrutinise the Statement. Without boring your Lordships' House too much, in the case of Statements on European Council meetings, one also has to read the European Council conclusions and compare them with the Statement because they are often very different. We need at least an hour and a half for that.

On the matter of saving time, I of course accept that our questions should be briefer, but perhaps this is another opportunity to say that if the answers from the government Front Bench could also be briefer, we would all save a lot of time. That goes for Oral Questions, too.



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Baroness Symons of Vernham Dean: My Lords, I was a Minister in your Lordships' House for eight years, serving in both the Foreign Office and Ministry of Defence. I know from my experience as a Lords Minister that you have to listen very carefully to what your Secretary of State is saying in another place, because Statements very often get changed from the last time you saw them in your department. It is very difficult for the usual channels to be able to anticipate that. Since we are talking of courtesy in this House, I think that it is courteous for this House to have the same opportunity as another place to listen to a full Statement. If we are talking about the importance of clarity for members of the public, it seems to me quite extraordinary to suggest that, on the one hand, we should have questions in full but that, on the other, that we do not need to have Statements in full. For members of public watching on their televisions, listening on the radio and sitting in the Public Gallery not to have heard a Statement in this House seems to lack the clarity that we have been so keen on elsewhere. For those three reasons, I think that this is a misguided proposal to put before your Lordships.

Lord Butler of Brockwell: My Lords, the proposal refers to exceptional circumstances and I should like to remind the House of one. I remember a public expenditure Statement lasting an hour and a quarter being made in the House of Commons and then being repeated in full in this House on the following day, when everybody had had the opportunity not only to read the Statement but to read everything about it in the newspapers. I suggest that that is the sort of circumstance in which the time of the House should not be taken in repeating a whole Statement.

The Countess of Mar: My Lords, the Leader of the House made clear what happens at Question Time as to which blocs there were. My understanding is that, at Statements, Liberal Democrats are a separate bloc from the Tories, the Labour Party and everybody else. Can he make the position clear?

Lord Strathclyde: My Lords, I think that the Leader's Group is trying to be helpful, in part because of the example that the noble Lord, Lord Butler, laid out. The proposal is not for the generality of Statements; it is for the most exceptional circumstances; there is the safeguard of the usual channels. The example that the noble Lord gave, of last year's Autumn Statement, when it was taken on the second day, is precisely the one that we all had in mind. To spend an hour and a half on the Minister reading out the Statement was, I think, a bit much for all of us. The proposal is not designed to deal with most Statements.

On some of what the noble Countess said about blocs during Statements, I am not entirely sure what the situation is. Perhaps I could discuss it with the Chief Whip and the opposition Chief Whip. I think that there is a slightly different system at Statements, with the Liberal Democrats, Conservatives, Labour, Cross Benches and anybody else taken more in rotation than at Question Time.



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Baroness Royall of Blaisdon: My Lords, before the Leader sits down, perhaps I may ask him about the important point raised by the noble Lord, Lord Brooke, which is that most Statements are currently made available in our Printed Paper Office when the Minister sits down in the House of Commons. It would be extremely helpful if they were made available when the Minister stood up in the House of Commons.

The Chancellor of the Duchy of Lancaster (Lord Strathclyde): My Lords, I think so, too. I shall see whether we can make this happen. There may be some extremely good, logical reason why the Statement is not made available earlier, but if it can be changed then I think that it should.

Lord Geddes: My Lords, I should like to add one point that I do not think has been mentioned. The final words of the proposal are almost the most important. They say that,

If this proposal is carried, I hope that the House will bear that in mind.

Motion agreed.

Procedure of the House (Proposal 6)

Motion to Resolve

5.10 pm

Moved By The Chairman of Committees

Motion agreed.

Procedure of the House (Proposal 7)

Motion to Resolve

5.10 pm

Moved By The Chairman of Committees

Motion agreed.



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Procedure of the House (Proposal 8)

Motion to Resolve

5.10 pm

Moved By The Chairman of Committees

Motion agreed.

Procedure of the House (Proposal 9)

Motion to Resolve

5.10 pm

Moved By The Chairman of Committees

Lord Geddes: My Lords, I did intervene on a previous occasion on this subject, and, as with the previous proposal, I have not changed my mind. I know that the proposal uses the most important word "may", but I think it is a retrograde step to start changing an age-old custom, particularly when it comes to "noble and gallant", "noble and learned" and "noble friends". As I said on an earlier occasion, a right reverend Prelate shall ever be a "right reverend Prelate".

Lord Pearson of Rannoch: If he does not mind, I will support what the noble Lord, Lord Geddes, has just said. The way we use titles at the moment is something that contributes to a lack of asperity in your Lordships' House and to the dignity of the House. Just to get rid of it or to say that the correct form is now to talk about "Lord So-and-so", "Lady So-and-so" or even "the Duke of Y"-although I think it would have to be "the Duke of M"-is a retrograde step and unnecessary. Can we not leave it as optional, without it having to be the correct form? This form of correctness will not help our image or our deliberations at all.



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Lord Lucas: My Lords, I entirely agree. I very much hope that this is something that we will allow to evolve naturally. Preserving courtesy is a very important element of this House. I entirely agree that we should never use "you", let alone the appellations recently used by Mr Berlusconi of Chancellor Merkel. Courtesy is immensely important but to formularise it merely means that people will trip over themselves and get called out all the time. That used to be the way it was in this House when I was first here-people would get terribly upset if you did not stick "gallant" where it belonged. We have got much more relaxed about that now. I find that very comforting and I do not want to go back to a formulaic system.

Lord Higgins: My Lords, should there not be an absolute prohibition on the use of the expression, "The noble Minister"-

Noble Lords: This side.

Lord Grenfell: My Lords, I am particularly happy at this moment to be able to agree with the noble Lord, Lord Pearson of Rannoch, for the first time in this century. I think he has got it right. If "honourable Member" is good enough for the other place, why can "noble Lord" not be good enough for this place? I do not mind whether eventually this becomes evolutionary progress towards a different system, but I do not think that we have to take the decision now that this change be made. Why chip away at the courtesies of the House-which we have been addressing for a long time this afternoon and saying how important they are-on this particular issue? It is unnecessary.

Lady Saltoun of Abernethy: My Lords, those of us who have been here quite a long time have all had to take the trouble to learn the antiquated modes of address and of referring to people. Why cannot people who have not been here for so long learn them too? Is it laziness? I do not see why we should change this. I also think that if you have to pause for a minute and think about how you refer to or address someone, it gives you a moment just to cool down in case you were thinking of being rather rude about them; rather like counting to 10 before you say anything. I do not think we should change this.

Baroness Noakes: My Lords, I completely agree with the noble Lady, Lady Saltoun. However, we have gone past the era when we strictly enforced the use of the customary forms. I agree with my noble friend Lord Lucas that it is no bad thing that the use of language should be allowed to evolve. If one sits in the House, one hears a great variety being used, both the correct form and various amendments to it, including the language in the proposal. However, those wonderful people in Hansard always correct what we say in your Lordships' House and record it in the correct form. I, for one, would like that to continue.

The Earl of Erroll: My Lords, although I agree in principle with the noble Lord, Lord Lucas, I will feel sad that the loss of the term "most reverend Primates" will allow us to forget our true origins.



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Lord Grocott: My Lords, a very small step is being proposed. Therefore, I am sure that it will be rejected.

I strongly support the proposal. I felt that I had to speak today on this issue out of memory of my very good friend Lord McIntosh of Haringey, who was one of the most able Ministers I have ever seen in operation. I watched him when I first arrived, because you are always a bit diffident about making sure that you obey all the rules of the new institution, et cetera. I noticed early on that he never obeyed any of the details of the regulations laid out in the Companion, which frighten new Members to death. I am not normally anxious about those kinds of things, but it certainly caused me some anxiety to get the title absolutely right, to remind myself that it is only lawyers who are learned and that the rest of us are not, and that it is only field marshals who are gallant and those captains or corporals are not.

It is such a small change. Lord McIntosh of Haringey-my late noble friend-completely disregarded the rules from the start. If it was Lord Campbell-Savours, he would say "Lord Campbell-Savours"; he would not say "the noble Lord, Lord Campbell-Savours". Nothing happened. No lightning struck and everyone knew perfectly well what was taking place. Ditto with the proposal that we have just passed-I was amazed that it got through; Members must have been going for tea, or something. I refer to the one that states that we should no longer refer to the House of Commons as the other place. Just to confuse everyone, we have to call it the other place. What other place? It is the House of Commons, so why not say "the House of Commons". We have already made that revolutionary decision, so all I am suggesting to the House is that we carry on in that revolutionary spirit.

Lord Cormack: I am grateful to the noble and irreverent Lord, but we have not in fact agreed to any such thing. All we have said is that we may refer to it as the House of Commons. He, of course, will; some of us will not.

Lord Grocott: Well, I am relaxed about what people do individually. All I am saying is that I really think that it would be helpful if we gave a clear indication to new Members, other Members and the public, who find some of the appellations completely bewildering, that it is perfectly in order to do so. Nothing untoward happens; it does not affect the courtesy of debate in the slightest. We are still referring to people in the third person-which is absolutely right; it is essential that we preserve that-but we can simply say "Lord Campbell-Savours" instead of "the noble Lord, Lord Campbell-Savours.". That has no effect whatever on his nobility. We should cease to use the endless different gradations of rank and of title, which mean nothing to anyone outside. I infinitely prefer to refer to "the Bishop of Leicester" than to "the right reverend Prelate". I like to know where he comes from; I like to know what his title is. I am a regular, practising attender of the Church of England, but I was only vaguely aware of what a prelate was until I came here. However, I know what a bishop is.



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Lady Saltoun of Abernethy: Perhaps the noble Lord will give way. There is nothing to stop him from referring to "the right reverend Prelate the Bishop of Leicester".

Lord Grocott: The noble Baroness, if I am allowed to call her that-

Noble Lords: Oh.

Lord Grocott: It is "noble Lady". Well, whatever. It is a matter of supreme irrelevance as long as we can be reasonably courteous to each other. As far as I can recall, only moments ago she was arguing for brevity. Now I have to say "the right reverend Prelate the Bishop of Leicester". I prefer "the Bishop of Leicester".

All I am saying to the House is, for goodness' sake, we could shorten the Companion if we did not have all these requirements. I shall be very tempted to put down amendments to extend the use of the word "gallant" to everyone who has shown courage on the battlefield, not simply to someone who has become a field marshal.


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