1. The Resolution of the House of 20 July 2010 (House of Lords Allowance) shall temporarily cease to have effect in respect of attendances after 20 April 2020.
2. Members of this House, except any Member who receives a salary under the Ministerial and other Salaries Act 1975 and the Chairman and Principal Deputy Chairman of Committees, should be entitled to an allowance in respect of each day of attendance on or after 21 April 2020.
3. “Attendance” means attendance—
a) at a sitting of this House or a Committee of this House,
b) at a virtual proceeding of this House or a virtual meeting of a Committee of this House, or
c) on such other Parliamentary business as may be determined by the House of Lords Commission.
4. The amount of the allowance payable to a Member in respect of a day of attendance should be £162.
5. In respect of attendance at a physical sitting or virtual proceeding of this House only Members who speak during the sitting or the proceeding, or who are otherwise necessary to the proceedings, should be entitled to an allowance.
6. In respect of attendance at a Committee of this House, only Members of that Committee or Members authorised to attend a meeting of such a Committee by the Chair should be entitled to an allowance.
My Lords, both Houses have been operating under unprecedented circumstances over the last few weeks and I know I speak for the whole commission membership when I convey thanks to all those who have heeded government health advice and remained away from the House to take part wherever possible in remote proceedings.
Over recent weeks, many of your Lordships, myself included, have had to adapt to considerable technological changes, which have been challenging at times. Although there have been teething issues along the way, we can be both proud of and grateful to all those involved who have supported and enabled us to continue to perform our roles as parliamentarians, be that communicating government policy or holding the Government to account.
However, these unprecedented circumstances have raised specific issues around allowances—a situation we are seeking to address through this Motion. The overwhelming majority of Members of your Lordships’ House are not paid a salary but instead are entitled to claim an allowance which recompenses noble Lords for the costs incurred and associated with physically attending the House to undertake parliamentary work. Now that we are working remotely and in the majority of cases not attending the House in person, the commission has agreed that the amount Members are able to claim needs to reflect this new, temporary situation.
Alongside a change in the rate of the daily allowance, the commission has also agreed that we should more precisely define participation in our proceedings. After careful consideration and lengthy discussions, the commission has proposed that the current allowance system be temporarily suspended and the maximum daily claimable rate be reduced from £323 per day to £162.
Eligibility for the temporary allowance will be based on direct contributions in the proceedings of the day, which will be reflected in the public record. This reduced rate applies to Members whether they are actively participating online in a Virtual Proceeding or in the significantly reduced number of physical sittings that take place in this Chamber. Members participating directly in the important work of our Select Committees will also be eligible for the new temporary allowance at the same rate. Simply following proceedings online or signing up to a speakers’ list does not meet these eligibility criteria.
My Lords, as a former Speaker of the Northern Ireland Assembly, and now as a Deputy to the Lord Speaker, I tend to approach these issues not just from a party point of view but from an institutional point of view, trying to understand the impact of any decisions that might be made on the institutions that we are privileged to be able to serve.
Listening to a number of noble Lords across the House, it is clear to me that there is an increasing loss of trust that the House is being treated properly. Yesterday’s Private Notice Question, asked by the noble Lord, Lord Forsyth of Drumlean, and the supplementary questions to it gave one example. However, the issue goes back much further than the Covid-19 outbreak—to, for example, suggestions that during restoration and renewal the House of Lords should be shuffled off to York, not in order to pay respect to the people in the north of England but to marginalise the influence of the House.
Recent briefings from 10 Downing Street about cutting out anyone over the age of 65 and moving to electing Peers are not thoughtful, creative comments but simply destructive threats whose purpose is to shut down debate in this place. Indeed, that seems to be the Government’s strategy. Having a very large majority in the House of Commons, it is only in your Lordships’ House that real, meaningful dissent is possible. Holding the Government to account is an essential role of Parliament, and that requires the possibility of not just asking questions of government but, from time to time, saying to government, “No, you’ve got it wrong.” In the case of this Government’s handling of the Covid-19 crisis, it is clear that there have been misjudgments and mistakes, some very serious.
I hear Ministers trying to gloss over such questions by saying that there will be time to address them later. That is true, but the time to learn from the mishandling is not just afterwards in the preparation for the next global pandemic, which we all hope will be as far away as the last one a century ago; no, we need to learn lessons as quickly as possible now to save lives. The Government need to hear the reality of what is going on in the health and care sector and in society as a whole.
My Lords, I think that everybody on the commission and a large majority of your Lordships’ House accepts that during these unprecedented times and with us moving temporarily to a virtual House, it was right that the current allowance system should be changed and that Members should receive a reduced amount. There was disagreement on the commission about how much that reduction might be. I argued for a somewhat larger amount; others argued for a much lower figure. The figure in today’s Motion reflects what might be thought of as the centre of gravity of opinion on the commission.
As I said, I wholly accept that some reduction was appropriate. I declare an interest in that I am a recipient of allowances. However, I should point out for clarity that this proposal will, given the constraints on people speaking and the reduction in Select Committee sittings, result in reduction in allowances received by individual Members of between three-quarters and seven-eighths of what people might reasonably otherwise have expected to receive. This is particularly hard on people from Scotland, Wales and the English regions who have unbreakable rental contracts on flats in London. It must, therefore, be seen very much as a temporary expedient.
Any discussion on allowances must be framed against the question: what is the point of your Lordships’ House? Unless we are clear about that we cannot have any clarity about what value to ascribe to it.
Like all institutions, we have a temptation to exaggerate our own importance, but if Parliament ever had a crucial role to play, then it is at this moment in our national history when we are facing a combination of an immediate crisis and, looking forward, a clear need to reassess the nature of our economy and how to better run society for the benefit of all its members. Parliament is the pre-eminent forum for undertaking that role, and your Lordships’ House is an integral part of Parliament.
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That helps to explain the frustration of many of my colleagues and many others across the House about the pace at which we have adopted new proceedings, why they believe that we should not be departing from the long-held principle that any Peer who wishes to speak in a debate should be able to do so, why they want to move to electronic voting without delay, and why they support moves to a virtual House in the short term but are keen to move to a hybrid House, as the Commons already have, as soon as possible. On that latter point, they do so because their experience of questioning Ministers and taking part in debates remotely is that it is a pale imitation of the real thing. There is no possibility of really putting Ministers under pressure in the sterilised environment of the virtual world. I believe that even Cicero would have struggled to make a significant impact via the medium of Zoom.
Their frustrations are exacerbated by what they see as a concerted attempt by the Leader and the Government to denigrate the work of this House. We are used to the Government threatening the Lords with some kind of draconian retribution when they think we might kick up rough, but the Sunday Times article hit a new low. Despite the assertion yesterday by the noble Lord, Lord True, that the proposal that all of us over the age of 65 are too clapped out to do any real work did not represent government policy—I am sure that the newly ennobled noble Lord, Lord Grimstone, will be particularly grateful for that—the article was an attempt to reduce the standing of your Lordships’ House as a corporate body in the eyes of the electorate. It was a disgrace, and I hope the noble Baroness the Leader will take this opportunity to repudiate not just the proposals in it but also its tone.
Having said that, I was pleased to see that the Government are allegedly considering replacing the current House with an elected Chamber, a proposition that has of course been supported in the Lobbies in the past by Members of the Cabinet, including Michael Gove. Perhaps the noble Baroness could tell us the state of government thinking on that proposal.
If your Lordships’ House is to continue, either with its broadly current membership or on any other basis, the way in which we make it possible for people of all backgrounds and from all parts of the country to play a full part needs to be uppermost in our mind. We are not a Chamber just of the affluent part-time retirees for whom membership comes with a sense of noblesse oblige. The previous Labour Government introduced great strides in making this House more diverse and more reflective of the country as a whole, and we strongly supported that. We must not allow the current crisis to turn the clock back.
That brings us back to allowances. The Government have accepted that the scheme before the House today is temporary, but “temporary” is an extremely slippery word and, indeed, a slippery concept. I argued at the commission that we should have either a review of or a sunset clause on today’s proposals by the end of June, by which stage hopefully we will have a hybrid House in operation. If they are not reviewed at that point, people who live at some distance from Westminster and who have to pay for accommodation here will be spending all or more of their allowances on accommodation, and some simply will not be able to afford to do it. They will therefore not be able to participate fully in the work of the House. I am sure no one believes that having a Londoncentric House is desirable, but that will be the consequence if the proposal before us today is anything more than a temporary expedient.
There is a very strong argument for having a longer-term external review of the allowances system, and I would support that, but in approving the Motion today the House must provide a mechanism for the longer term. I therefore support the amendment proposed by my noble friend Lord Alderdice, and I look forward to reverting to a fully functioning House as quickly as health considerations allow.
My Lords, there are two issues here: allowances and the wider issue of the conduct of the House during the lockdown, as was raised by the noble Lords, Lord Alderdice and Lord Newby.
The Leader of the House concentrated her remarks on allowances. On that specific issue, I agree with the commission’s proposal for the reasons that the Leader gave. In a time of great crisis when people are making great sacrifices, it is absolutely right that we follow suit. The right compromise on this is a halved allowance, for the reasons given by the noble Baroness. That should continue for as long as we are meeting virtually because the actual costs that most noble Lords—I accept the point made by the noble Lord, Lord Newby, that it is not true of all noble Lords—need to meet are lower.
However, I agree entirely with the thrust of the remarks of the noble Lords, Lord Newby and Lord Alderdice, about the conduct of the House in lockdown, including that our arrangements should be considered emergency arrangements—because they are, or at least I hope that they are, unless the Government make further changes—to deal with an emergency situation. I say this directly to the Leader: the great concern among many Members is that the emergency changes we are all willingly making to meet the exigencies of this crisis may become permanent. As all of us who have dealt with these situations in other contexts know, precedent always becomes the justification for further changes, particularly in dealing with the proceedings of Parliament. Some key aspects of the arrangements for the House in lockdown are causing acute concern; the noble Lords who just spoke were absolutely right to raise them.
Very significant departures from established practice have been taking place. From time immemorial, it has been a principle that noble Lords who wish to participate in our debates can do so. For the first time, as far as I am aware, in the eight centuries of the history of the House of Lords, under changes that are not even the subject of specific resolutions of the House but are the consequence of going online, noble Lords are being told that they cannot participate in the proceedings of the House. The Motion in the name of the most reverend Primate the Archbishop of York, which we will debate this afternoon, goes to the heart of the crisis facing the country: the impact of the Covid-19 crisis on the poor and disadvantaged. Many noble Lords have been told that they cannot participate in this debate because of the arbitrary three-hour time limit that has been imposed and because of the exigencies of the Virtual Proceedings.
My Lords, it is a pleasure to follow the noble Lord, Lord Adonis, and a pleasant novelty to agree with every word that he has said. I speak in support of the amendment moved by the noble Lord, Lord Alderdice.
When I entered your Lordships’ House four and a half years ago, I spoke of the deep sense of privilege. But I was also very aware that that was underscored by the knowledge that I am not in any way, shape or form a member of a privileged elite. My fear is that the decision we are discussing today perpetuates the dangerous myth that that is all the House of Lords is about, visible or invisible: that people assume that we are simply part—that we are the epicentre—of the privileged elite.
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I do not believe that is true. I know from my own situation and the situation of other Members that they rely on the income that the allowances bring to live in the real world. I joined this House in the knowledge that I would take a drop in my income. I did so in good faith, believing that I would receive an income in the service of my country, but that faith has been sorely tested by the announcement on allowances because the decision takes no account of the fact that some Members are not wealthy and have a huge mortgage, as I do, that some Members have a ministerial pension and that some Members are nowhere near retirement age.
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The commission agreed that the half-day flat rate of £162 was the most appropriate amount for the temporary allowance as it aligns with the amount available to those participating in parliamentary business away from Westminster under normal circumstances. Of course, the proposals before your Lordships’ House also retain the current position that a Member does not have to claim anything should they feel so inclined.
The Motion proposes that the temporary allowance arrangements be applied retrospectively from 21 April, when we returned from the Easter Recess and began our new way of working, so that Members are able to claim for remote participation from that date. These changes to our allowance system will of course be kept under constant review.
I am aware that there are very different views across the House and across all Benches about the detail of these proposals. No commission member took these decisions lightly. However, at a time when millions of people across the country are having to adapt to working remotely and are facing considerable financial challenges of their own, it is right that we have adapted our financial arrangements and our burden on the taxpayer to reflect the current working environment we face. I beg to move.
Amendment to the Motion
In such national crises, the initial posture of society is of course to rally round the Government in the hope of finding clear leadership. However, when things do not go well and we find that the level of deaths in our country is one of the worst and that government promises are misleading or unfulfilled, trust, very properly, gives way to criticism. If that criticism is not heard and heeded—for example, in your Lordships’ House—accountability is not fulfilled. If it is heard and heeded, accountability is fulfilled, but, if not, the criticism gives way to hostility and a breakdown of trust and working relationships.
One thing that emerged when I tabled this amendment was that it was not possible for the Opposition effectively to oppose the Government’s position. We are not able to vote in our virtual sittings, although the suggestion that this is not technically possible is, frankly, misleading. As we in the Liberal Democrat group have found, it is perfectly possible to vote using the reaction feature in the Zoom program if one wants votes to take place.
It was also made clear to me that the House authorities did not want votes to take place in the Chamber, the Lobbies or the Royal Gallery, despite arrangements having been made some time ago, because of anxieties about the health of clerking staff. As a doctor and a psychiatrist, I am of course very alert to such issues, but the result is that it is not possible for this House to vote on any issue or to be clear whether the Government’s position has the support of the House. We are told that it will be at least four or five weeks before that capacity is technically available to us in the virtual sittings.
I am very sceptical. It seems that there is an attempt by the Government’s strategist and senior advisor to ensure that your Lordships’ House is muzzled and sidelined during this time of national crisis, and, as populist and authoritarian leaders around the world are doing, to use this crisis to make permanent changes in favour of an untrammelled Executive. That is why I propose that by the end of June the House of Lords Commission should be required to put forward any proposals that it has, whether to continue the arrangements currently being pushed through or to have a return to more reasonable arrangements for the work of the House.
The noble Baroness and her colleagues may feel that what is being proposed is reasonable and appropriate—although to suggest to people in the world at large that working online is not real work at all is hardly appropriate—but if that is the case, the rest of your Lordships’ House would expect that those who make the decision should change their practices and reduce their allowances voluntarily to reduce their substantial emoluments as an indication of some measure of solidarity. After all, we have had too many examples already of leading figures making rules that apply to other people, but not observing them themselves in respect of the Covid-19 crisis.
This House has changed enormously since I came here almost a quarter of a century ago. Those journalists who do not trouble to read our Hansard or come down the Corridor to familiarise themselves with the House as it now is will not be familiar with the fact that there is now a much wider range of age, gender, ethnic and religious diversity, and, particularly, income. The House authorities ought also to appreciate that those who come from well beyond London and the south-east have particular needs if they are to properly represent the concerns of those in Scotland, Wales, Northern Ireland and the regions of England.
I do not agree with the terms of the Motion brought forward by the Leader of the House, but I have no real way of voting against it. I know from my experience in Northern Ireland that when people find that they cannot express their concerns by voting for change, it leads to a breakdown in trust and relationships, without which no institution or society can work harmoniously. That is why I appeal to her to find a way to take on board my request, which does not take away from the content of the Motion but simply requires it to be reviewed when one could reasonably expect that voting would be possible in a virtual sitting. There are various ways she could do this, and I hope that she will find a way.
I believe that the amendment would have the overwhelming support of the House if it could vote and show it. It is the welfare of the future of the House, not just now but in the long term, that is at stake. I beg to move.
The answer is obvious: the proceedings should be longer. There is no reason why we should sit for only three hours. We could sit for five hours. We are sitting only on a limited number of days anyway. Many of us think that we should sit for longer. The noble Baroness can correct me but my understanding is that the Government have been the motive force in restricting our sittings and not holding more debates or longer ones. It is absolutely within our control to fix this.
The second issue is that of a wholly virtual House. It is obvious now to anybody who considers what has happened that the Procedure Committee and the House of Lords Commission made a major error in the arrangements that they put in place for our proceedings after 21 April. They should have moved immediately to a hybrid House, as the House of Commons did. Indeed, it has made a great success of it. I just came into your Lordships’ House from watching Prime Minister’s Questions in the House of Commons. The Prime Minister was doing a perfectly good job of answering questions and dealing with points made by both the leader of the Opposition in the House and MPs joining via Zoom. That has kept the House of Commons at the centre of the public debate; it has not become invisible. We went wholly virtual, which was a huge mistake —the Procedure Committee needs to get a grip on this when it meets next Monday—and which made us wholly invisible. For the first week of our Sitting, proceedings were not even broadcast, which is a major departure from established parliamentary practice. They are now being broadcast but, as the noble Lord, Lord Newby, rightly said, they are not getting a fraction of the attention they get when they take place in this Chamber.
We need to speak bluntly at this point. The Procedure Committee has been very seriously remiss in meeting its duties to the House and to the public, and I hope that it will get a grip and that the Senior Deputy Speaker, the noble Lord, Lord McFall, will fulfil his duties to the House as a whole and not simply implement the wishes of the Government regarding the arrangements for the lockdown.
I hope also that three issues can be addressed immediately. The first is the move towards a hybrid House, so that we can fulfil our duties to the public and do not become invisible. The second is that noble Lords who wish to speak in debates can continue to do so, because that is absolutely central to the performance of their parliamentary duties. If that means longer debates, we should have longer debates—we are here to serve the public, not to serve ourselves. The third aspect, which is vital, is the proceedings on legislation. Your Lordships’ House is a legislature. The noble Lord, Lord Newby, said that we are tempted to exaggerate our importance, but we should not underplay in any way our importance as a legislature. We make the law and there is no more important function in the country than making the law.
Under the arrangements that we are going to debate in a moment, the rights of noble Lords to participate in the Committee stages of Bills and to fulfil their constitutional functions are being severely circumscribed, and for no good reason. If we had a hybrid House, people would be able to participate in Committee proceedings as normal. We have an absolutely unprecedented situation whereby noble Lords who want to engage in the Committee stages of Bills next week have to give advance notice. This has never happened in the history of the House of Lords: that for Members to participate in consideration of a Bill, they have to give advance notice. The whole point of debate is that there is give and take and people come in as they see how debates continue. I have tabled an amendment that would ensure the automatic recommittal of Bills which have been considered only virtually in Committee, so amendments could be moved thereafter.
We have grave responsibilities to the public during this crisis: to debate the challenges facing the country and to bring to Ministers’ attention the severe tribulations being suffered by millions of people up and down the country. We can do that only if we can make our voices heard, and if we can sit properly. I do not believe that the Procedure Committee has enabled us to do that, so it needs to take immediate radical, remedial action before our constitutional duties are severely undermined.