HL Deb 24 June 1958 vol 210 cc73-5

1. Your Lordship will be aware that during the course of this Parliament a Select Committee of the House of Lords has sat under the chairmanship of Lord Swinton to consider the powers of the House in relation to the attendance of its Members. The Swinton Committee reported on the 24th January, 1956, and its Report was considered and its conclusions relating to the attendance of Members received the welcome of the House on the 10th December. 1957.

2. The Swinton Committee considered, among other things, the nature of the Writ of Summons which is addressed on the summoning of each new Parliament to every Lord entitled to sit and vote in the House of Lords and the rights and duties that arise upon it; and their Report enumerated and described in detail the powers of the House in relation to the attendance of its Members. The Committee found that beyond doubt the words of the Writ of Summons impose a duty of attendance in Parliament on each Lord to whom it is addressed, but that the House itself has the power both of compelling and of excusing attendance. The Committee noticed that the House has concerned itself with the problem of attendance on a great many occasions in the last few centuries, and that neither of these powers has lapsed through desuetude.

3. The Swinton Committee reported that they felt bound to recognise that of the large number of Members of the House of Lords there are many who are unable to attend "either because they are fully occupied with other important duties, or because they feel themselves unfitted for parliamentary work, or by reason of age, health or expense ". The Committee expressly disclaimed any intention to criticise Members of the House who are unable to attend, and suggested that many Members are unaware of their existing right to apply for leave of absence, still less of the consideration that they might be said to be under a duty to do so. The Committee were therefore concerned to indicate arrangements whereby Lords who are unable to attend the House can be relieved, without loss or diminution of their rights, of the obligation imposed on them by the Writ of Summons. They took the view that Members of the House would readily conform to arrangements of this kind.

4. When the Committee's conclusions were approved by the House on the 10th December last, a further Select Committee on Leave of Absence was appointed to draft a new Standing Order on the lines indicated in the Swinton Report. On the 16th June the House adopted a new Standing Order (Leave of Absence) of which I enclose a copy. On the same date the House passed a resolution instructing the Lord Chancellor to communicate forthwith with every Lord who has not attended the House or a Committee of the House during the current session (except for the purpose of taking the Oath) and to invite him to state whether or not he wishes to apply for leave of absence, either for the next ensuing session or for the remainder of this Parliament. Your Lordships will observe that the terms of the new Standing Order indicate that Lords who have been granted Leave of Absence are expected not to attend the sittings of the House until their leave has expired or has sooner ended, except for the purpose of taking the Oath of Allegiance. It is open to any Lord who has obtained leave of absence to terminate it on giving at least one month's notice to the Clerk of the Parliaments; the House itself may terminate it at shorter notice.

5. Accordingly it is my duty to request your Lordship to complete the enclosed paper headed "Leave of Absence" and return it forthwith to the Clerk of the Parliaments in the accompanying envelope.

6. Finally, I believe that it might be convenient to your Lordship if I quote the following passage from the Report of the Select Committee on Leave of Absence (paragraph 4):— The Committee have given much consideration to the question of whether there should be a closer definition of ' regular attendance '. The Committee considered that this was neither possible nor desirable. They recognise that this must be a matter for individual interpretation. But in framing the Standing Order the Committee have taken account of the position of Peers who are engaged whole time in the professions and in industry and of others who have extensive commitments in local government or in other voluntary work. They realise that these are unable to devote more than a partial service to the House. They recall that such Peers have in the past made valuable contributions, based on their own knowledge and experience, to the work of the House in debates, in the revision of Bills and in Private Bill and other Select Committees. They believe that the House would be reluctant to lose the services of such Peers and that Peers in this position need not feel themselves under any obligation, in consequence of their inability to attend regularly, to apply for leave of absence.

I am, My Lord,

Your Lordship's Obedient Servant,

KILMUIR. C

VISCOUNT ALEXANDER OF HILLSBOROUGH

My Lords, may I, by leave of the House, ask whether we shall have an opportunity of discussing the matter to which the Lord Chancellor has re-referred? I had no idea that it was going to be mentioned to-day, and I am not quite certain, without going back to Hansard, how the matter was left; but we want to discuss it.

THE EARL OF HOME

My Lords, I think that the noble Viscount is probably right to enter that caveat. I do not know what my noble friend would say. I think the Lord Chancellor indicated on an earlier occasion that he would report the letter and that it therefore would be open to any noble Lord to raise a question on it in the House at a later date.

VISCOUNT STANSGATE

Has the Select Committee met yet?

THE EARL OF HOME

I do not quite know to what Committee the noble Viscount is referring. Is he referring to the three Whips who are to keep track of the leave of absence arrangements?

VISCOUNT STANSGATE

I was referring to the noble Earl's own Motion that a Select Committee be appointed, to which the House agreed.

THE EARL OF HOME

At the moment it is not much good calling together a Committee, until there is something to talk about.

VISCOUNT STANSGATE

I presume that the meetings will be reported among the meetings of other Select Committees and that notice of the meetings will be given in the Order Paper.

THE EARL OF HOME

I think that all the necessary formalities will be gone through, but none that is not necessary.