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Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012

Volume 735: debated on Monday 27 February 2012

Motion to Approve

Moved by

That the draft order laid before the House on 12 January be approved.

Relevant documents: 38th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 14 February.

My Lords, I speak to this Motion in relation to a matter of business that the Government would like your Lordships’ House to take on Wednesday of this week—namely, consideration of Commons amendments to the Welfare Reform Bill.

During the passage of the Welfare Reform Bill we on these Benches have risen on business Motions to speak to a number of matters, including Commons financial privilege. I apologise to the House for having to do so again today, but the lack of proper opportunities to raise points of order about the business of this House is a gap in the procedure of this House. I intend to write to the chairman of the Procedure Committee, the Chairman of Committees, proposing that the committee consider this issue. It will not be a surprise to the Leader of this House that I am raising my concerns today about the ping-pong arrangements for the Welfare Reform Bill, because we discussed the matter in a telephone call on Thursday.

The Government have decided that this business should take place on Wednesday as dinner-break business. We believe that that is completely inappropriate for this Bill, which is a major piece of government legislation that affects large numbers of people in this country, especially vulnerable ones. We on this side of the House believe that welfare in this country needs reform. However, we do not believe that some of the changes put forward in the Bill are the right ones. It is precisely because we believe in welfare reform that we believe that the Bill should at all times be handled and considered properly by this House. In line with that, we do not believe that considering what the Commons wishes to put before this House should be done as a piece of dinner-time business during another major Bill. This Bill and the House deserve better.

We also object to the way in which this business is being scheduled for your Lordships’ House. This House is not like the other place, and we rightly pride ourselves on self-regulation. This House is proud, too, that in many respects we proceed by agreement and consensus. This House wants to see these points reflected in the way that business is organised here, which in turn means the smooth running of the usual channels arrangement. We have a very good relationship between the usual channels of this House.

However, the usual channels, of course, occasionally have their ups and downs. We do not believe that announcing that a stage of a Bill of this magnitude will be taken as dinner-break business should be done without the agreement of the usual channels. To make such an announcement simply by changing the forthcoming business publication makes things that much worse, especially when it happens during a week when your Lordships' House is in recess. I believe that this could be to the inconvenience of the whole House, and we do not believe that this is what the Government should be doing. Whatever the scale of the Government’s political majority in this House, we do not believe that this is the sort of behaviour that your Lordships’ House wants to see.

We on these Benches have put all these points to the Government previously, but even at this late hour we urge them to reconsider. We urge them not to take this important parliamentary stage of this important Bill as dinner-break business on Wednesday, but to allow the matter to be considered by the House properly and in full. We urge the Government to reflect on this and to think again.

My Lords, I am astonished and a little disappointed by what the noble Baroness has just said. I would understand it if there were some sort of government ploy to catch out your Lordships by giving the House just under a week’s notice of ping-pong, but everything that we have done on this Bill has been entirely precedented. It is well precedented to take more than one Bill in a day; it is well precedented to take divisible business, including ping-pong, in the dinner break; and it is well precedented not to take ping-pong as first business. What is so appalling about what the noble Baroness has just said is that each was done under her own Administration and, indeed, under her leadership.

I should remind the House that the Standing Orders allow us to take ping-pong not only at any point in the day but as last business and without notice, both of which are also well precedented. On this occasion, we advertised a date for this second round of ping-pong last Thursday, in time for each party’s Whip and group notices. The Government can hardly be accused of squirreling away the business when we have given the House nearly a whole week’s notice.

I am at a loss to understand what is going on. However, there was brought to my attention a twitter by the Deputy Leader of the Opposition, who calls himself—

A tweet, rather. He calls himself LordPhilofBrum. In it, he said:

“Appallingly the Govt have scheduled vote out of normal voting time on Wednesday evening”.

But the last time we voted on this issue it was 8.17 at night. The idea that we vote only before 7 pm is entirely new to me in the 25 years that I have been a Member of this House. This is a bogus protest and I very much hope that we can carry on with the Motion before us.

Motion agreed.