2. The votes in both Houses on 4 February 2003
on House of Lords reform were recorded in the last Annual
Report (paragraphs 48 and 49). As noted in paragraph 50
of that Report, the Joint Committee on House of Lords Reform
went on to make a Second Report,3 published
on 9 May 2003, identifying the area of consensus that had
been achieved and areas where further work needed to be
done (on the issues of the remaining hereditary peers,
the appointments system, and such matters as the size and
conditions of tenure of the House). The Report concluded: "We
look forward to a reply from Government within the customary
two months and then acceptance by both Houses that our
work should continue on the lines we have set out."
9. The Bill envisages that the present law lords
would become the first members of the new supreme court,
but that they
(and other Lords who were judges) would be disqualified
from sitting in the House while serving as judges.The
timing of the implementation of this reform may depend
on more than just the enactment of the bill, as in the
first half of 2004 the identification of a suitable building
to house the new supreme court became a matter of controversy.
At the time of completing this Report the choice had
been narrowed down to two possible sites but no decision
had been made.
10. So, despite the emergence of several Government
proposals since mid-2003, the composition, judicial functions
and speakership of the House seem likely to remain as
they are until some time after the next general election,
expected to be held in 2005.
Portraits commissioned by the Works of Art Committee: Lord Mackay of Clashfern, Lord Chancellor 1987–97, by Norman Edgar (left), and Lord Irvine of Lairg, Lord Chancellor 1997–2003, by James Lloyd (right).
Working practices
11. Last year's Annual Report recorded (paragraphs
1 to 3) significant changes in working practices introduced
from November 2002 for a trial period of two sessions,
together with agreement to set up a Merits of Statutory
Instruments Committee with effect from the beginning
of session 200304. Shortly after the end of the
year, on 26 May 2004, the Leader of the House announced
the appointment of a Leader's Group of ten Members under
her chairmanship to "review the procedural changes agreed
by the House in July 2002 and to make recommendations
to the Procedure Committee for their retention, modification
or reversal, with any associated changes. The review
will include September sittings, but not the terms of
reference of the Merits of Statutory Instruments Committee
(because these are to be reviewed separately after the
first year), nor matters relating to the Speakership
of the House."7 The Group is due to report
in September 2004 with a view to the Procedure Committee
considering its recommendations in October and decisions
being made by the House in November in time for any changes
to take effect at the start of the new session.
12. Separately from the other changes in working
practices, the House agreed8 (on a division) "That
it is the opinion of this House that, subject to the
requirements of business, in 2003 the Summer Recess should
begin not later than the middle of July and the House
should sit for two weeks in September." Accordingly the
House rose for the summer recess on Friday 18 July and
sat between Monday 8 September and Thursday 18 September,
then adjourning until Monday 6 October.
13. On 8 December 20039 the House
agreed to a similar pattern of sittings for 2004, but by a much smaller majority: 122114, as against 16076 in relation
to 2003. In 2004 it is intended (subject to the progress of business) that the House should rise on Thursday
22 July, sit from Tuesday 7 September to Thursday 16 September, and then
adjourn until Monday 11 October.
14. The new working practices begun in November 2002 included the
bringing forward of the start of Thursday sittings from 3 p.m. to 11 a.m.,
but with a break between about 1.30 p.m. and 3.00 p.m., and Starred Questions
taken at 3.00 p.m. Sittings were expected to end by 7.30 p.m. unless there
was an unstarred question, lasting up to 11/2 hours,
in which case the sitting might continue until 9 p.m. This arrangement was
reviewed by the Procedure Committee, which issued a questionnaire seeking
the views of Members. Of 368 Members who responded, 200 favoured a change
to an arrangement whereby Starred Questions would be taken at the beginning
of business at 11.00 a.m. The Procedure Committee recommended the adoption
of this arrangement, with the sitting normally finishing by 7 p.m.10 The
change was agreed to by the House on 17 December 2003 and implemented from
the start of 2004. The Procedure Committee recommended that there should,
when appropriate, be a one-hour break at about 1.30 p.m., during which it
should be possible to take an unstarred question limited to one hour, or
other business. That recommendation was agreed to on a division, 152122.11
The Leader of the House, Baroness Amos, at the Despatch Box.
15. It was noted in last year's Annual Report (paragraph 2) that
in practice the House had not always risen by the target time of 10
p.m. on Mondays, Tuesdays and Wednesdays. That remained the case in 2003/04.
The House sat for over 63 hours after 10 p.m., sitting until 10.30
p.m. or later on 36 occasions. The longest sitting, on 20 October 2003,
ended at 4.54 a.m.
16. In January 2004, following a recommendation by the Procedure
Committee, the House followed the House of Commons in providing for Written
Ministerial Statements to be published in Hansard, in place of "planted" Questions
for Written Answer.
Business of the House
General
17. The House sat on 165 days during the year, for a total of 1180
hours, as against 160 days and 1150 hours in 2002/03. Thus the average length
of sitting (7 hours 9 minutes in 2003/04, 7 hours 11 minutes in 2002/03)
was not significantly affected by the introduction in November 2002 of the
new convention on rising times referred to in paragraph 15.
Legislation
20. The increase in sitting hours of the House
took place despite a substantial increase in the use
of Grand Committees: 63 days of Grand Committee sittings
totalling 225 hours, as against 30 days and 102 hours
in 2002/03. The figures in Appendix E, Part B, show that
the House spent some 57 hours more than in the previous
year considering legislation in the Chamber.
21. The spillover at the end of the 200203
session was a particularly busy period, with proceedings
on seven major Government bills still in progress until
the last days of the session. Agreement on two bills
(Criminal Justice and Health and Social Care) was reached
only on the last day of the session.
22. Further details of the bills considered in
the 200203 session may be found in the booklet The
work of the
House of Lords.
23. As has become usual in recent years, few
private bills came before the House. Four received Royal
Assent during the year. During the year one bill, the
Mersey Tunnels Bill, was the subject of a Select Committee
hearing. The Committee met for two days in March 2004
to consider one petition against the Bill, and concluded
that the Bill should proceed without amendment subject
to undertakings to be given by the promoters.
24. The new Merits of Statutory Instruments Committee
was appointed in December 2003, under the chairmanship
of Lord Hunt of Kings Heath. The Committee made a Special
Report in April 200412 to inform the House
of its preliminary conclusions on its working methods.
From the beginning of April 2004 the Committee began
reporting weekly on statutory instruments. The Committee
expected that its principal contribution to the effective
scrutiny of delegated legislation by the House would
be in identifying negative instruments deserving debate,
but indicated that it would also draw attention to those
affirmative instruments which would be of considerable
interest to the House.
25. The Delegated Powers and Regulatory Reform Committee
continued under the chairmanship of Lord Dahrendorf.
It made 25 reports during the year. Its 1st Report, Session
200304,13 contained a report on the
work of the Committee in sessions 200102 and 200203.
Committees
26. In June 2003 the Liaison Committee recommended14 that
the European Union Committee should appoint an additional
(seventh) sub-committee from the start of session 200304.
The new sub-committee structure is as follows:
Sub-Committee A: Economic and Financial Affairs, Trade
and International Relations
Sub-Committee B: Internal Market
Sub-Committee C: Foreign Affairs, Defence and Development
Policy
Sub-Committee D: Environment and Agriculture
Sub-Committee E: Law and Institutions
Sub-Committee F: Home Affairs
Sub-Committee G: Social Policy and Consumer Affairs
27. Lord Grenfell continued as Chairman of the
Committee. In November 2003 the Committee made for the
first time an annual report,15 with the purposes
of reviewing the substantive policy work of the Committee
over the previous year; giving a flavour of some of the
work the Committee intended to undertake over the coming
year, subject to the need also to respond to events;
and to give an account of procedural and administrative
changes, together with a foretaste of matters which the
Committee would be taking up.
Members of the Science and Technology Committee visiting Antarctica in January 2004 to study the work of scientists.
28. The Committee made 50 Reports in session
2002/03, 13 of which analysed in detail the texts of
the draft Constitutional Treaty as they emerged. Others
included reports on Comitology (which won an award for
clarity from the European Information Association); the
European Central Bank; the Financial Services Action
Plan; relations with both the US and with Russia; Waste
Management; the Common Fisheries Policy; and the European
Border guard. A full list appears in
The work of the
House of Lords.
29. The Science and Technology Committee continued
under the chairmanship of Lord Oxburgh. It published
a report on Fighting Infection16, prepared
by Sub-Committee I, chaired by Lord Soulsby of Swaffham
Prior, and a follow-up report on Chips for Everything.17
30. During the year the Constitution Committee,
chaired by Lord Norton of Louth, made reports on six
bills, on the draft Constitution for the European Union,
and on a meeting held with the Lord Chancellor to discuss
the constitutional changes referred to in paragraphs
4 to 10 above. The Committee also published an annual
report on its work in session 200203.18
31. Lord Peston continued as Chairman of the
Economic Affairs Committee. The new Finance Bill Sub-Committee
of the Committee was set up for the first time in 2003
under Lord Peston's chairmanship. Its Report on the Finance
Bill was made in June 2003.19 It was reconstituted
in February 2004, again with Lord Peston as Chairman.
32. In addition, in November 2003 the Committee
made a report on Aspects of the Economics of an Ageing
Population.20
33. The Joint Committee on Human Rights, chaired
by Jean Corston MP, made 21 Reports during the year.
In addition to reports on legislation and draft legislation,
the Committee made reports on the case for a Children's
Commissioner for England,21 the UN Convention
on the Rights of the Child,22 the work of
the Northern Ireland Human Rights Commission,23 and
the meaning of "public authority" under the Human Rights
Act.24 The Committee made one Report on a
remedial order under the Human Rights Act 1998, the Naval
Discipline Act 1957 (Remedial) Order 2004.25
Pre-legislative scrutiny
34. Just before the start of the year, a joint
select committee was appointed to consider a draft Corruption
Bill. It met for the first time on 24 March 2003,
and appointed Lord Slynn of Hadley as Chairman. The Committee
reported in July 2003.26
35. In July 2003 two further joint select committees
were appointed to consider draft bills. The Joint Committee
on the draft Mental Incapacity Bill, chaired by
Lord Carter, and the Joint Committee on the draft Civil
Contingencies Bill, both reported in November 2003.27
36. A further pre-legislation scrutiny joint
committee, to consider a draft Gambling Bill,
was appointed in September 2003. It reported in March
2004.28 The Committee proposed in its report
that it should be reappointed to make a further report
in relation to casino developments, on which a decision
by the Department for Culture, Media and Sport was awaited
when the Committee reported. The Committee was accordingly
reappointed in June 2004.
37. Finally, a joint committee was appointed
in January 2004 to consider a draft Disability Discrimination
Bill. The Committee, again chaired by Lord Carter,
reported in April 2004.29
38. The Committee on Religious Offences in
England and Wales, set up in 2002 under the chairmanship
of Viscount Colville of Culross, reported in May 2003.30 In
view of the appointment of the pre-legislative scrutiny
committees referred to above, no successor committee
was appointed immediately.
39. In November 2003 the Liaison Committee recommended
the appointment of a select committee to consider the Patient
(Assisted Dying) Bill. The purpose of the bill,
originally introduced by Lord Joffe in session 200203
and given a second reading in June 2003, is to allow
competent terminally ill patients to request assistance
to die. The Liaison Committee originally recommended
that the Committee should begin its work after the
Easter recess 2004. The Bill was reintroduced in the
200304 session and given a second reading and
committed to a select committee on 10 March 2004. The
Committee was appointed on 31 March, with Lord Mackay
of Clashfern as Chairman, but in view of the fact that
the resources to support the Committee were by then
needed for the Select Committee on the Constitutional
Reform Bill [HL], the order setting up the Committee
fixed 7 July 2004 as the date of the first meeting.
MEMBERSHIP
OF THE HOUSE
New Members
40. Last year's Annual Report noted that, apart
from the appointment of one Lord of Appeal in Ordinary,
only
two life peerages had been created between 1 April
2002 and 31 March 2003 the lowest number since
the Life Peerages Act 1958. The position was little changed
in 200304, with only three new creations under
that Act. In June 2003 life peerages were conferred on
Lord Boyce (formerly Chief of the Defence Staff) and
Lord Cullen of Whitekirk (Lord President of the Court
of Session), and in January 2004 Lord Triesman was created
a life peer and appointed as a Lord in Waiting (Government
whip). Three new Lords of Appeal in Ordinary were appointed
in January 2004. These included the first woman Lord
of Appeal in Ordinary, Baroness Hale of Richmond. The
others were Lord Carswell (previously Lord Chief Justice
of Northern Ireland) and Lord Brown of Eaton-under-Heywood
(like Baroness Hale of Richmond, previously a member
of the Court of Appeal).
41. After the end of the year, on 1 May 2004,
the first list of new life peerages since 2001 was announced.
It comprised 46 names. Of these, seven were put forward
by the House of Lords Appointments Commission, two were
former holders of high offices nominated by the Prime
Minister, and 37 were party nominations.
By-elections
42. Last year's Annual Report recorded the holding,
in March 2003, of the first by-election under the provisions
of the House of Lords Act 1999. In that by-election Viscount
Ullswater was elected to succeed the late Viscount of
Oxfuird. Because Lord Oxfuird was one of the fifteen
hereditary peers elected by the whole House in 1999,
the electorate for the by-election comprised the whole
House. A second by-election took place during 200304,
consequential on the death on 20 August 2003 of Lord
Milner of Leeds, one of two hereditary peers elected
in 1999 by the Labour hereditary peers. For this by-election
the electorate comprised the remaining three Labour hereditary
peers (two of them being among the fifteen elected by
the whole House). There were eleven candidates, and the
successful candidate was Lord Grantchester.
43. The death on 28 February 2004 of Lord Vivian,
one of the 42 hereditary peers elected in 1999 by the
Conservative hereditary peers, meant that a further by-election
was pending at the end of the year. For that by-election
the electorate comprised the 48 remaining Conservative
hereditary peers. The ballot was conducted by post, using
the alternative vote system adopted for the first by-election,
and the result was announced on 13 May. There were 37
candidates, and the successful candidate was Viscount
Trenchard.
Deaths of Members
44. The House was shocked and saddened by the
sudden death on 20 September 2003 of Lord Williams of
Mostyn, Leader of the House since 2001.
45. In June 2003 the House agreed to a recommendation
by the Procedure Committee that, with effect from the
summer recess 2003, all deaths of Members should be recorded
in the Minutes of Proceedings. The following deaths were
accordingly recorded, up to the end of March 2004:
Lord Blake (20th September 2003)
Lord Williams of Mostyn (20th September 2003)
Lord Rayne (10th October 2003)
Lord Walker of Doncaster (11th November 2003)
Lord Wallace of Coslany (11th November 2003)
Lord Hardy of Wath (16th December 2003)
Lord Dormand of Easington (18th December 2003)
Lord Islwyn (19th December 2003)
Lord Gallacher (4th January 2004)
Baroness Pike (11th January 2004)
Lord Jenkins of Putney (26th January 2004)
Lord Scanlon (27th January 2004)
Lord Bullock (2nd February 2004)
Lord Constantine of Stanmore (13th February 2004)
Lord Vivian (28th February 2004)
Lord Hobhouse of Woodborough (15th March 2004)
46. In July 2001 the House agreed to establish
a new Code of Conduct to take effect from 31 March 2002.
It was agreed that the new Code should be reviewed after
eighteen months of operation. The Committee for Privileges
accordingly considered the matter in October 2003 and
asked its Sub-Committee on Lords' Interests to undertake
a review.
47. The Sub-Committee's report was endorsed by
the Committee and published just after the end of the
year.31 It noted that there had been almost
no complaints about non-compliance, and recommended that
the Code should be allowed to settle down for a period
of years before changes were considered.
48. Last year's Annual Report described the changes
in the domestic committees introduced from the start
of session 200203. Those arrangements have continued
throughout the period of this Annual Report.
49. The House Committee made three reports to
the House during the year. Its 3rd Report, Session 200203,
set out arrangements whereby from 1 April 2003 Members
could claim reimbursement of travel and subsistence costs
for up to two visits per year on parliamentary business
to the EU institutions or to the national parliament
of an EU state or candidate country.
50. Its 4th Report, Session 200203, reported
the Committee's agreement to the Annual Report for 200203
and to the first House of Lords Business Plan; and agreed
that the category of Members' Expenses previously called "Secretarial
Costs etc." should be renamed "Office Costs", more accurately
reflecting the relevant resolutions of the House and
the types of expenses claimable.
51. Its 5th Report, Session 200203 (4 November
2003) followed up its earlier recommendation32 that
details relating to Members' claims for expenses should
be published, with effect from late 2004, to meet the
requirements of the Freedom of Information Act 2000.
It made detailed recommendations about the information
to be published annually. The information to be published
initially will be that relating to the financial years
2001/02, 2002/03 and 2003/04.
52. Sir Michael Davies retired as Clerk of the
Parliaments in July 2003 and there were consequential
changes in the composition of the Management Board,
first established in October 2002.
Sir Michael was succeeded by Paul Hayter, formerly
Clerk Assistant, who accordingly became Chairman of
the Management Board. His responsibility as Board Member
responsible for Parliamentary Services passed to his
successor as Clerk Assistant, Michael Pownall. Pownall
was succeeded as Principal Finance Officer by Edward
Ollard, previously Establishment Officer, who became
the first Principal Finance Officer to hold that position
on a full-time basis. Mr Ollard's place as the Board
member responsible for human resources was taken by
Philippa Tudor, on return from a two-year secondment
as Head of the Parliamentary and Constitutional Division
of the Scotland Office. Mr Hayter's previous responsibility
as Board member responsible for Information Services
passed to Mr Pownall's successor as Reading Clerk,
David Beamish, who also retained his former position
as Clerk of the Journals.
53. Two of the original members of the Board,
Sir Michael Willcocks (Black Rod) and Rhodri Walters
(Clerk of Committees), continued in post.
54. There were 442 staff of the House (including
part-time staff) at 31 March 2004, as against 413 at
31 March 2003. Altogether 73 new staff were recruited
during the year. Details of the staff complement at
31 March 2004 are given in Appendix H, and details
of changes in complement and grading in Appendix J.
55. Cash provision for Members' expenses and
general administration costs in 2003/04 was £45,210,575.
Cash expenditure totalled £41,395,753.
56. The administration net cash requirement
for 2004/05 was set by the House Committee at £48,781,692.
57. Cash provision for works services in 2003/04
was £23,335,400. Cash expenditure was £19,721,230.
58. The works services net cash requirement
for 2004/05 was set by the House Committee at £27,927,005.
59. A detailed breakdown of cash expenditure
over the period 2000/01 to 2004/05 is given in Appendix
F.
The Management Board: from left to right, Michael Pownall, Sir Michael Willcocks, David Beamish, Paul Hayter, Edward Ollard, Rhodri Walters, Philippa Tudor.
