(12 years, 5 months ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
The Deputy Prime Minister (Mr Nick Clegg)
I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Bill, has consented to place her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
Mr Speaker
I am extremely grateful, as will be the House, to the Deputy Prime Minister. Before we get the debate under way, I can inform the House that several dozen right hon. and hon. Members are today seeking to catch the eye of the Chair. The Deputy Speakers and I have compiled a list, very painstakingly. We are doing our best to accommodate as many colleagues as possible, but let me say at the outset that I ask colleagues please not—repeat, not—to come to the Chair inquiring whether and, if so, when they will be called to speak. Colleagues must display some patience. Just wait, attend to the debate and hope for the best. The Chair is trying to accommodate colleagues. To that end, in view of the level of interest, there will be a six-minute limit on Back-Bench contributions.
The Deputy Prime Minister
I beg to move, That the Bill be now read a Second time.
No one doubts the commitment and public service of many Members of the House of Lords, but dedicated individuals cannot compensate for flawed institutions. The Bill is about fixing a flawed institution, so let me begin by setting out why our upper Chamber is in need of these reforms—the three simple reasons why I hope Members will give it their full support. The first is that we—all of us here—believe in democracy. We believe that the people who make the laws should be chosen by the people who are subject to those laws. That principle was established in Britain after centuries of struggle and it is a principle that we still send our servicemen and women halfway across the world to defend, yet right now we are only one of only two countries in the world —the other being Lesotho—with an upper parliamentary chamber that is totally unelected and instead selects its members by birthright and patronage.
Mr Richard Shepherd (Aldridge-Brownhills) (Con)
Will the right hon. Gentleman give way?
The Deputy Prime Minister
I should like to make a little progress.
The House of Lords is an institution that offers its Members a job for life; an institution that serves the whole of the United Kingdom, yet draws around half its members from London and the south-east; an institution in which there are eight times as many people over 90 as there are people under 40; an institution that has no democratic mandate—none whatsoever—but that exercises real power. The House of Lords initiates Bills, it shapes legislation and, as Governments of all persuasions know, it can block Government proposals, too. These reforms seek to create a democratic House of Lords, matching power with legitimacy.
The Deputy Prime Minister
I think that it is both flawed in theory, because of its lack of democratic legitimacy, and flawed in practice, because the status quo is unsustainable, as I shall now explain.
The Deputy Prime Minister
I shall make a little progress before giving way again.
Under our proposals, 80% of Members would be chosen at the ballot box, with elections taking place every five years, and the remaining 20% would be appointed by an independent statutory commission. There would be no more jobs for life—we propose single, non-renewable, limited terms of about 15 years—and our reforms would guarantee representation for every region of the United Kingdom. At the heart of the Bill is the vision of a House of Lords that is more modern, more representative and more legitimate—a Chamber fit for the 21st century.
Mr Frank Field (Birkenhead) (Lab)
A moment ago, the Deputy Prime Minister said that one of the functions of the House of Lords was to introduce legislation. Can he give us an example—of importance—of a Bill introduced in the other House that has affected this country but that did not have the Government’s permission to be introduced and seen through? Is not the Lords job different from ours? Our job is to initiate and pass legislation on the condition of the Government; the Lords job is to deliberate on that legislation.
The Deputy Prime Minister
All legislation, whether it originates here or in the other place, of course requires the support of the Government of the day to make its way on to the statute book.
The second reason that the reforms will lead to better laws—this may help to answer the right hon. Gentleman—is that the Bill is not just about who legislates, but about how we legislate. Right now in our political system, power is still over-concentrated in the Executive. Governments, quite simply, can be too powerful. During their political lifetime, many Members have seen landslide Administrations able to railroad whichever Bills they like through the Commons, and we have all heard colleagues complain about different Governments trying to ram Bills through the other place when they should have been trying to win the argument in both Houses. Despite its assertiveness, too often Governments believe they can disregard the Lords.
Mr Shepherd
My intervention was prompted by the Deputy Prime Minister’s statement of the principle that those who make the law should be elected by those who bear it. Of course, the older and greater principle is that those who make the laws should be accountable to those who bear the laws, and there is no accountability in the process that he is introducing.
The Deputy Prime Minister
In answer to the hon. Gentleman, I would say that there is neither accountability nor legitimacy in the status quo. These are jobs for life, which are entirely discharged without any reference to the British people. Surely, it is simply time to trust the British people.
The Deputy Prime Minister
I shall make a little more progress, if I may.
The Bill, by creating a more legitimate House of Lords, gives it more authority to hold Governments to account—a greater check on Executive power. That does not mean emboldening the Lords to the point that it threatens the Commons—I shall come on to those concerns shortly—but it does mean bolstering its role as a Chamber that scrutinises Government. It means forcing Governments to treat an elected upper Chamber with greater respect. The aim of the Bill, to quote the right hon. Member for Charnwood (Mr Dorrell), is to create a second Chamber
“more independent of the executive, more able to exercise independent judgment”.
That will mean not only better laws, but fewer laws, restricting, again in the words of my right hon. Friend,
“the torrent of half-baked legislation”
that Governments are capable of.
Jesse Norman (Hereford and South Herefordshire) (Con)
I am grateful to the right hon. Gentleman for giving way. The Blair Government were defeated four times in the House of Commons and 460 times in the House of Lords. Does the right hon. Gentleman really believe that an elected House of political placemen will do a better job of opposing than does the current House of Lords?
The Deputy Prime Minister
It will be able to discharge that considerable authority with greater legitimacy, and therefore it will be harder for the Executive to ignore the opinions of the House of Lords. I would have thought, if I may say so, that it was a long-standing Conservative principle that it is the people who should be in the driving seat and the Executive who should be kept on their toes.
The third reason to support the Bill—
The Deputy Prime Minister
I shall make some more progress.
The third reason to support the Bill is simple practicality. The House of Lords cannot carry on on its current path. We need to reform the Lords to keep it functioning, and we need to do it soon.
The Deputy Prime Minister
I will give way in a minute, if I may make this point.
Right now, we have an upper Chamber that is ever-expanding. That is one of the main consequences of the unfinished 1999 reforms. Very simply, after a general election, new Governments will always seek to reflect the balance of the vote in the Lords. But it is impossible to get rid of Members: the only way to leave is to die. So new Administrations inevitably have to make more appointments to get the balance right. [Interruption.] The current membership is 816. That will soon be over 1,000. Clearly, the status quo is unsustainable. [Interruption.] The House of Lords is already—
Mr Speaker
Order. I apologise for interrupting the Deputy Prime Minister. There is a permanent cacophony in the Chamber and Members might think that it is some sort of laughing matter, but as far as a lot of people observing our proceedings are concerned, it is just discourteous. The right hon. Gentleman has a right both to speak and to be heard with reasonable decorum. That is what Members would want for themselves; that is what Members should extend to the right hon. Gentleman.
The Deputy Prime Minister
The point that I was making, then I shall give way, is that the status quo is unsustainable. The House of Lords is already too big, and it will continue to grow bigger still under whichever Government, unless we do something about it.
Pete Wishart (Perth and North Perthshire) (SNP)
If, for whatever reason, the Deputy Prime Minister is unsuccessful in getting the White Paper through this afternoon—[Hon. Members: “It is a Bill.”]—will he pledge today that he and other senior Liberal Democrats will not take their places in an unreformed House of Lords?
The Deputy Prime Minister
I am making the case for the Government’s Bill. I am not going to make predictions about a vote tomorrow, which I firmly believe will be carried.
The Bill reverses that trend. It gradually reduces the membership and caps it at 450, plus 12 bishops. Some people have said that the numbers could be dealt with much more easily, that we can slim the other place by disqualifying convicted criminals or allowing Members to resign.
The Deputy Prime Minister
I will give way shortly.
The first solution would bring the total down by a handful, potentially; the second perhaps by none. Others have said, “Yes, cap the House at an appropriate limit, but make it fully appointed.” But how could we possibly justify dramatic reform of the Lords that did not introduce a democratic element? That would be unthinkable. It would be in direct contravention of each of the three main parties’ manifestos, flying in the face of our collective promise to renew our politics. The only way to get to grips with the numbers is fundamental democratic reform. That is what the Bill does.
Mr John Redwood (Wokingham) (Con)
I entirely agree with the Deputy Prime Minister that the people need to be part of the process and feel that Parliament belongs to them, so will he give them a vote on his proposals?
The Deputy Prime Minister
I think that a referendum is not justified in this instance, for the following reasons: first, unlike other issues that are a source of great disagreement here, all three main parties are committed to delivering House of Lords reform, by way of their own manifestos, which they put to the British people at the last election, the one before that, and the one before that; secondly, it would be very expensive—£80 million—for something on which we are all supposed to agree; and thirdly, it would detract attention from the much more important referendum taking place in this Parliament: the referendum on the future of the United Kingdom.
David Tredinnick (Bosworth) (Con)
Has my right hon. Friend seen the Bill in the name of his right hon. Friend Lord Steel, the House of Lords (Cessation of Membership) Bill, which addresses the issue of over-membership in the other place and has widespread support there?
The Deputy Prime Minister
Of course I have examined that Bill and discussed it with Lord Steel extensively. Any reasonable person who subjected it to any scrutiny would conclude that it would not deal with the practical issues to which I have alluded—the House of Lords getting bigger and bigger—because voluntary resignation or the kicking out of convicted criminals simply will not deal with the unsustainable trajectory of the size of the House of Lords.
The Deputy Prime Minister
I will make a little more headway, and then of course I will give way.
Democracy, better laws and the urgent and practical need for reform are the three reasons why Members of this House should give the Bill their blessing and wish it a swift passage into law. Before addressing some of the concerns about the Government’s proposals, I would like to make the point that the Bill, although it has been introduced by the coalition Government, in many ways is not just the Government’s Bill. These reforms build on the work of our predecessors on both sides of the House. As with all the best examples of British constitutional reform, the proposals look to the future but are respectful of the past. Veterans of these debates will know that the coalition parties cannot claim full credit for the reforms presented here. If we go back to the White Paper produced by the right hon. Member for Blackburn (Mr Straw) in 2008, the late Robin Cook’s “Breaking the Deadlock”, the House of Lords Act 1999, Lord Wakeham’s royal commission and everything that went before over the past 100 years, it is clear that these reforms have a long bloodline that includes all our parties and political traditions.
Mrs Main
Does the Deputy Prime Minister not see that there is a degree of inconsistency between his view that we in this House are too powerful and therefore need neutering by the House of Lords and his voting to maintain the strengthening of the Executive and the boundary changes by keeping the number of Ministers yet reducing the number of Back-Bench Members of Parliament?
The Deputy Prime Minister
One of the Bill’s intentions is absolutely not to neuter the House of Commons, but to work in partnership with the House of Commons in holding the Executive to account. I would have thought that Members on both sides of the House would celebrate and support anything that means that Parliament as a whole can hold the Executive more fully to account. Indeed, in 1910, when Government proposals to limit the power of the House of Lords were introduced, it was Winston Churchill who said:
“I would like to see a Second Chamber which would be fair to all parties, and which would be properly subordinated to the House of Commons and harmoniously connected with the people.”
He ended by saying:
“The time for words is past; the time for action has arrived.”—[Official Report, 31 March 1910; Vol. 15, c. 1572-83.]
More than 100 years later, I could not agree more.
Toby Perkins (Chesterfield) (Lab)
Many of us who have sympathy with the need to reform the other place are still deeply concerned about these proposals. Will the Deputy Prime Minister tell us what it was in his recent experiences that has suggested that the kind of democracy we need is one where politicians can say what the hell they like, stay for 15 years and never have to face the voters again?
The Deputy Prime Minister
I think that it is preferable to their being there, making the laws of the land and never being put before the British people. I would hope that the hon. Gentleman, if he believes in House of Lords reform as strongly as the Labour party always has—it used to be a long and noble campaigning tradition for the party—will not only will the ends by backing Second Reading, but will the means by backing the programme motion.
The Deputy Prime Minister
If I could just make some progress—[Hon. Members: “Give way!”] Yes, of course I give way.
Nicholas Soames (Mid Sussex) (Con)
I am very grateful to my right hon. Friend, but will he cease to quote Churchill on these matters, given that they relate to Churchill’s views on the House of Lords at a time of great conflict between the House of Commons and the House of Lords in the 1920s? As he grew up through his political life, he dropped those views and had great reverence and respect for the institution of the House of Lords—something that I suggest my right hon. Friend should have as well.
The Deputy Prime Minister
Of course I will always refer to the views of Winston Churchill with a great deal of respect, but I point out only that he expressed those views in 1910, when of course he was a Liberal, not in the 1920s. I know that he changed his views later, and they are a matter of record.
Margaret Beckett (Derby South) (Lab)
Will the Deputy Prime Minister cease also to say that the Labour party has supported reform of the House of Lords since 1910? What we supported in 1910 was abolition.
The Deputy Prime Minister
If the Labour party’s views have evolved over the past 100 years, which in this matter, if not in others, they may have, I hope none the less that the right hon. Lady will confirm that there was a clear manifesto commitment from the Labour party not only to support the principle of House of Lords reform, but to deliver it in practice.
The Deputy Prime Minister
I shall make a little more progress, if I may.
In 2007, the Commons voted overwhelmingly for a mostly elected second Chamber. Each of the main parties stood on a platform of Lords reform at the last election, and since coming into Government the Minister for Political and Constitutional Reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), and I have looked for every way to take it forward by consensus.
We convened a cross-party Committee, which I chaired. We then published a White Paper and a draft Bill for pre-legislative scrutiny.
The Deputy Prime Minister
I shall make a little more headway.
A Joint Committee of both Houses spent nine months considering that White Paper and draft Bill, and I remain extremely grateful for the Joint Committee’s forensic and detailed analysis. We accepted more than half its recommendations and reshaped the Bill around its advice.
This Bill is therefore the sincere result of long and shared endeavour. Its history belongs to us all: to Liberals, to Conservatives, to Labour and to all other parties in this House, as well as to the great political reformers and pragmatists of the past.
Conor Burns
The Deputy Prime Minister is making an articulate case for a position to which he holds with great conviction, and I respect his integrity in that, but does he accept that many of us fear that by electing the second Chamber and giving it the greater legitimacy he talks about, we will end up creating a rival to this Chamber, rather than the revising Chamber that we all want.
The Deputy Prime Minister
I know that the hon. Gentleman holds his views, although different from mine, with great sincerity, and I respect him for that, but in a bicameral democratic system there is nothing unusual about having two Chambers, both of which are either fully elected or mainly elected, and in which there is a clear imbalance, an asymmetry—a hierarchy, if you like —in the relationship of one Chamber with the other. I am sure that we can manage it here. The predictions that it would lead to gridlock and to rivalry between the two Chambers were made when reform took place in 1958 and in 1999. They did not materialise then; I really do not believe that they will this time, either.
The Deputy Prime Minister
If I can make a little more progress, I will give way.
Of course, this does not mean that every Member of this House agrees with every clause—[Laughter.] That is an understatement! There is no perfect blueprint for a modernised second Chamber. Even within each of the main parties, differing visions of reform can be found, and this Bill reflects a number of compromises that have been made to accommodate differences across the House. I say to Members of this House who have specific worries about particular aspects of this Bill that this is precisely what further scrutiny of the proposals, in both Houses, will be about. The concerns that remain fall into two main camps: the myths, which I will now seek to dispel; and the fears, which I hope to address. But before doing so, I give way to the hon. Member for Rhondda (Chris Bryant).
Chris Bryant
The Deputy Prime Minister knows that I support reform and have done for a very long time, but there are elements of the Bill that I do not like, such as the 15-year term and the fact that it is not clear enough about the respective powers of the two Houses. If the Government are going to end up Parliament-Acting the Bill because the Lords refuses to deal with it, it is all the more incumbent on us to get it right before we send it down the corridor. That is why I say to him, regretfully, that his programme does not fit the bill.
The Deputy Prime Minister
I would be intrigued if the hon. Gentleman could tell me—if not now, afterwards —exactly how many days Labour Members want.
The right hon. Member for Neath (Mr Hain) said today in The Guardian that the reason he is opposing the programme motion has nothing to do with scrutiny of the Bill:
“Within the rest of the legislative programme are loads of right-wing bills which will damage people in Britain. So I don’t think it is any part of our responsibility to try and get those bills into statute.”
In other words, Labour’s ulterior motive appears to be to disrupt the rest of the Government’s business. That is not a legitimate way of dealing with a programme motion, which is a perfectly reasonable way for the Government to try to make progress on this important piece of legislation without disrupting all other parts of our business.
The Deputy Prime Minister
I will make a little more progress and then give way again.
First, let me take the myths in turn. I have heard the accusation that the reforms will be too quick and too abrupt and that the Bill amounts to some frantic act of constitutional violence. The truth? These reforms would be implemented over about 15 years. New Members would be appointed or elected in three tranches over three elections. The political parties and groups would have maximum discretion over how to reduce their existing numbers.
I have heard it said that the modernised Lords will cost the earth. The truth? Taken as a whole, and once completed, the Government’s reforms of Parliament will be broadly cost-neutral.
The Deputy Prime Minister
I will give way later.
The additional costs attached to running a reformed House of Lords—which, incidentally, are much more modest than some of the estimates doing the rounds—will be offset by the saving from reducing the number of MPs. Once all this is implemented, the real-terms cost of running Parliament is expected to be roughly the same as it is now; the only additional cost will be conducting the elections themselves.
Mr Nuttall
How can the Deputy Prime Minister justify not holding a referendum on these proposals when a referendum was held on the alternative vote system, which, by any stretch of the imagination, was not as wide-ranging?
The Deputy Prime Minister
The reason is that the electoral system that votes Members to this House is a matter on which there is profound disagreement between the parties, whereas the principle of House of Lords reform is something to which we have committed ourselves in all our party manifestos over a prolonged period.
It is essential that we make a start by having the first 120 elected peers elected in 2015. If the hon. Gentleman or other Members of this place want further reassurance about the triggers that would then allow the second and third waves of election to take place, of course I, and the Government as a whole, will be prepared to engage with that.
The Deputy Prime Minister
I will make a little more progress and then give way again.
I have heard Lords reform presented as some kind of Liberal Democrat crusade. The truth, as I have said on a number of occasions, is that it made its way into all the party manifestos—in the case of the Labour party, as the right hon. Member for Neath has indicated, going all the way back to Keir Hardie’s 1911 manifesto.
The final myth is this: I have heard it said that the House of Commons should not be concerning itself—
The Deputy Prime Minister
May I first deal with this important point? The hon. Lady has raised it with me personally on a number of occasions, so perhaps she would care to listen to my answer.
The final myth is that the House of Commons should not be concerning itself with Lords reform at a time of economic difficulty. My answer is this: let’s get on with it—proper scrutiny, yes; years of foot-dragging, no. I do not remember this complaint being made when we legislated to create elected police commissioners, or when we were debating local government finance or legal aid reform. It is odd to suggest that Parliament cannot do more than one thing at a time. I certainly agree that jobs and growth are the priority, so let us not tie ourselves up in knots on Lords reform. We do not need to—all the parties are signed up to it. We should vote for the Bill and the programme motion so that we can scrutinise the Bill properly while still allowing ourselves to make progress on other Government priorities.
Mrs Laing
I thank the right hon. Gentleman for giving way. It happens that he has just hit on the very point on which I agree with him entirely. We do have a duty to reform the House of Lords, even though we are doing other things at the same time. He is absolutely right about that, but what a pity that he does not accept Lord Steel’s Bill and get on with the necessary reform that everybody agrees with. If all three party manifestos gave no choice on House of Lords reform, is that not a good reason to put it to the people in a referendum, because in the election they had no chance to vote against it?
The Deputy Prime Minister
Following that logic, the commitment to a referendum on House of Lords reform should have been included in the party manifestos.
The Deputy Prime Minister
I know, but it was not in the manifestos of two of the three main parties.
The second point that I make to the hon. Member for Epping Forest (Mrs Laing), who was a distinguished member of the Joint Committee, is that although she and I do not agree on this matter, I hope she does agree that the Government listened meticulously to the conclusions of the Joint Committee, which supported the main tenets of the Bill on a cross-party basis and was chaired by a Member of the other place who was not from either of the coalition parties. That shows how consensual we have been in working up our ideas.
I will move on from the myths that have abounded to some of the fears about the Bill, many of which, I accept, have been expressed in good faith. Broadly, there is a worry that we risk upsetting a delicate constitutional balance, creating a second Chamber that is too assertive and therefore a threat to this place, as was alluded to earlier. I am not surprised by that. It is part of a—
The Deputy Prime Minister
I will give way in a minute, if I may make progress on this point.
I am not surprised by that fear because it is part of a normal and familiar pattern. Every time the other place has been reformed, questions over the primacy of the Commons have arisen, with predictions ranging from disaster to apocalypse. In 1999, some said that the new life peers would not accept the traditional conventions and would block manifesto Bills in which Governments legislate on their election promises, resulting in endless gridlock over Government priorities. As with all such predictions, that was completely wrong. The reformed House accepted that the conventions would continue and adjusted to its new status without overreaching its role as a junior partner, as it will again.
The Deputy Prime Minister
I will just deal with the issue of primacy. Although questions of primacy are important and must be answered, we must remember that these fears are the routine reflexes to Lords reform. The Bill will not turn the other place into some kind of monster. It relates to size and composition only and contains no new powers for the other place.
Philip Davies
If we may go back to myths for a second, one myth is that it is an important principle to the right hon. Gentleman that people who initiate legislation should be elected. If that is such an important principle, why does he not insist on elections for European Commissioners, who initiate far more legislation in this country than people in the House of Lords?
The Deputy Prime Minister
As the hon. Gentleman knows, the European Commission has no right to adopt legislation. If he applied part of his well-renowned fervour against unelected bureaucrats in Brussels to unelected peers in the House of Lords, we would make a considerable progress.
Ultimately, the primacy of the Commons will remain grounded in our conventions and absolutely guaranteed by our laws.
The Deputy Prime Minister
If I may, I will make progress on the issue of primacy.
To ensure that there is a rock-solid legal backstop, the Parliament Acts will remain. We have reaffirmed those Acts in the Bill to make that point crystal clear. The Government will still be based in the Commons, the appointed element of the new Chamber means that it will never be able to claim greater electoral legitimacy, and the Commons will, of course, continue to have sole responsibility for money Bills.
Mr Tom Clarke
The Deputy Prime Minister has referred on a number of occasions to the Joint Committee on which I and other colleagues served. Does he think that it best served the purposes of reform when the Government declined, despite our encouragement, to give us any information about funding and refused us legal advice in the form of the Attorney-General?
The Deputy Prime Minister
I pay tribute to the right hon. Gentleman for his work on the Joint Committee. As I hope he knows, we have published the costings of our proposals in full and in detail. Everyone can scrutinise them line by line. Of course, we were not in a position to provide him with a line-by-line analysis of the costings at that stage because we were waiting to change the Bill in view of the conclusions of the Joint Committee. Without finalising the Bill, we could not finalise the analysis of the costs.
The Deputy Prime Minister
I will give way in a moment, but I want to make a couple of points.
A separate but related fear is that opening up the Lords to election will politicise it, creating a Chamber of career politicians likely to rival MPs and robbing the Lords of its wisdom and expertise. Let us be clear about the current situation. The other place contains some extremely eminent individuals who bring a wealth of knowledge and experience to Parliament, but it is hardly entirely dispassionate, an institution somehow untouched by party politics. More than 70% of its Members receive their peerage from party leaders—that is, more than two thirds of Members take a party Whip, and very few rebel.
Members of the House of Lords are more likely to come from this place than from any other profession, with 189 being ex-MPs. In a reformed House, Members will see themselves and their role very differently from us here, not least because of their longer term and the means by which they elected.
Mr Edward Leigh (Gainsborough) (Con)
If this reform goes through, 189 will be people who never managed to become MPs.
The Deputy Prime Minister
What the hon. Gentleman misses is that the Bill will in fact make space in Parliament for a different kind of politician. [Interruption.] Let me explain. [Interruption.]
Mr Speaker
Order. The right hon. Gentleman must be heard. All this noise just slows up the proceedings. A lot of Members—more than 80—want to speak today, and only a small proportion will do so.
The Deputy Prime Minister
What we are doing is what the Joint Committee itself recommended. The Government not only accepted its recommendation that appointed Members should be able to combine membership with a role outside the House, but have extended that principle to elected Members.
The Deputy Prime Minister
I am answering the hon. Member for Gainsborough (Mr Leigh).
The Lords should be a place for people who are public spirited, have political and ideological affiliations and want to serve the country, but who also want to continue to lead a life outside politics. It should be for people who want or need to work and have neither the desire nor the inclination to be an MP. They will not be allowed to leave the Lords and immediately seek election to the Commons, so they will be encouraged to see their time in the House of Lords as their one real chance to make their mark.
Rory Stewart (Penrith and The Border) (Con)
The Deputy Prime Minister has spoken a great deal about the Joint Committee and his respect for it. Will he please think again about the central recommendation of both the Joint Committee and the alternative report, which is the necessity for a referendum?
The Deputy Prime Minister
I will not repeat the reasons why I believe a referendum would be unjustified, expensive and a huge distraction from the most important referendum of all, which is on the future of the United Kingdom. However, I will repeat what I said in response to an earlier intervention. If the hon. Gentleman or other Members feel that they need some assurances after the first wave of peers have been elected, so that the second and third stages of reform are subject to some type of trigger, I will of course be prepared to consider that.
The combination of elections by proportional representation, single terms and a specific duty on the appointments commission to consider diversity could encourage more women, more members of black and minority ethnic communities and more people with disabilities to serve.
The Deputy Prime Minister
May I just make this point? I have been very generous, and I will take more interventions in a moment.
Crucially, the list system will mean that the new membership will be properly representative of all parts of the United Kingdom. Right now, nearly half the Members of the House of Lords are drawn from London and the south-east, whereas only 5% come from the north-west and 2.6% from the north-east. Our proposals will correct that imbalance. Proportionately, the west midlands will see its representation more than double, and for the east midlands it will treble. The Bill has sewn into it the chance to create a richer, more diverse House drawn from many more walks of life.
Stephen Gilbert (St Austell and Newquay) (LD)
Does my right hon. Friend not think that people watching this debate will be bemused? Back in 2010, they voted for three parties that had House of Lords reform in their manifesto, yet Back Benchers in some of those parties are now trying to block it. It has been 101 years, and the people voted for it in 2010; let us get on with it.
The Deputy Prime Minister
I agree with my hon. Friend that, given all the other major challenges that our country faces—particularly the economic and social ones—it is inexplicable to members of the British public that this Bill is the one thing on which opponents want to tie us up in knots for months if not years to come.
Helen Jones
The Deputy Prime Minister has referred repeatedly to democratic accountability. Why, then, does he insist that the Lords should be elected by proportional representation when the voters of this country decisively rejected that in a referendum, which he now seeks to deny them?
The Deputy Prime Minister
Both coalition parties agreed in the coalition agreement that elections to the House of Lords should take place on a proportional basis to ensure that we do not create a carbon copy of the Commons, and to ensure a proper balance of power, reflecting all the different parties and regions of the country in the House of Lords, so that it can play a different role to the Commons, as I am sure the hon. Lady agrees.
Caroline Lucas (Brighton, Pavilion) (Green)
Will the Deputy Prime Minister consider an amendment to the programme motion that I have tabled today? It would allow an extra three days’ debate, which would mean that the Committee of the whole House would be one of the longest on constitutional issues? That would allow us to debate the issues in depth, but it would also allow us to get on with the much needed reform of the other place, which is rotten and based on patronage and entitlement.
The Deputy Prime Minister
I welcome the hon. Lady’s support, hoarsely delivered as it was—she has a cough. It is crucial to wait to hear from the official Opposition what their attitude is to the programme motion. Will they not accept any form of programme motion, or do they have suggestions of their own on the number of days required to deal with the legislation? The Government have been very generous already.
Dr Sarah Wollaston (Totnes) (Con)
The Deputy Prime Minister spoke earlier of the need to reform the other place to make it fit for the 21st century. Does he accept that science and technology are very much part of our future? Will he accept an amendment that would mean greater recognition of expert Cross-Bench expertise in engineering, science, technology, maths and medicine? In addition, I am very happy to explain the correct use of the term “lobotomy”.
The Deputy Prime Minister
We can have precisely that debate and a multitude of others on the detail of the Bill as long as we make progress on Second Reading and the programme motion this week. As the hon. Lady may well know, the appointments commission envisaged in the Bill will be statutorily required to ensure proper diversity and representation of expertise in the 20% of non-elected peers in a reformed House of Lords.
The Deputy Prime Minister
Many hon. Members want to make their views known, so I should like to conclude my remarks. I have been very generous in giving way and would now like to make progress.
I shall conclude my speech as I began. There are three reasons to vote in favour of the Bill and its orderly passage: because we believe in democracy, for the sake of better laws, and because reform cannot be ducked. I welcome the reasoned and expert questions, arguments and concerns that I know many Members will raise. I also know that some will not be interested in rational discussion—those who would oppose Lords reform in whatever form, at whatever time and in whatever century, no matter what commitments their parties have made.
This project has always been dogged by those who fear change. What encourages me is that it is being kept alive by those who champion democracy: the reformers and modernisers who believe simply that power belongs in the hands of the people. We have a chance to finish their work. This has been a 100-year long project. Let us now get it done. I commend the Bill to the House.
Sadiq Khan (Tooting) (Lab)
I am pleased to be here to debate these important constitutional changes. I admit that while the country is stuck in a double-dip recession and millions are still out of work, this would not have been my priority if I were sitting on the Government Benches, but unfortunately we cannot set the Government’s priorities, and we are where we are.
I am pleased to be here because, frankly, the Deputy Prime Minister’s Bill is a bit of a mess, and I am afraid that his speech did not help matters much either. As a supporter of House of Lords reform, I want to do what I can to ensure that reform comes about, but that it is the right reform and is supported by the people. The Bill has huge implications for how Parliament and our Government operate, so we need to get it right. The reforms will form the basis of a lasting settlement between Parliament and the British people, so we need time to get it right—something I shall speak to a little later.
The Chamber has debated House of Lords reform many times, as anyone who reads the excellent House of Lords Library paper on the chronology of Lords reform will soon realise. It is 95 pages long—and that is only for the period 1997 to 2010. It does not include the Parliament Acts 1911 and 1949, the creation of life peerages in 1958 or other unsuccessful attempts at reform.
The Labour party remains very much in favour of reforming the second Chamber and will support the Bill on Second Reading tomorrow night. Ever since I have been in my current role, I have emphasised our desire to seek a consensus on Lords reform, as did Labour Ministers when we were in government. The Deputy Prime Minister referred to cross-party talks and consensus. I attended the cross-party discussions that he chaired, but unfortunately they were curtailed before we had the chance to discuss all the issues. Our last meeting was in November 2010.
When in government, we recognised that consensus building was crucial to the success of constitutional change, as well as the dangers of impermanence stemming from one Government imposing their will on our constitution, only to see their changes undone by the next Government. Our constitution deserves better than partisan self-serving change.
Mike Crockart (Edinburgh West) (LD)
I have a simple question. The right hon. Gentleman says he needs more time to look at the Bill and get it right. How much more time does he need?
Sadiq Khan
I shall give the hon. Gentleman a simple answer: wait and hear!
Rather than working with us on House of Lords reform, the Deputy Prime Minister has occasionally chosen to pursue a lofty, hectoring stance. I am afraid that his piety has done great harm to the cause of constitutional reform. Labour has decided to support the Bill on Second Reading in spite of his attitude, not because of it.
Let me take this opportunity to lay to rest the myths spread about Labour’s record on House of Lords reform. The changes that Labour enacted to the second Chamber between 1997 and 2010 were unparalleled. No political party—certainly not in modern times—comes anywhere near our legacy. Just 15 years ago, in 1997, the second Chamber was still full of hereditary peers, so the government of the country was still determined by a group of people chosen by birth right. It was the politics of a previous century and a different time. After considerable debate, Labour pushed ahead with the removal of hereditary peers. Many here will remember the enormous objections in the other place and from Conservative Members. In fact, 13 of the current Cabinet voted against the Second Reading of the House of Lords Act 1999.
And what did the Liberal Democrats do?
Stephen Gilbert
Rather than the right hon. Gentleman asking me questions, I would like to ask him one. How will the Labour party vote on the programme motion?
Sadiq Khan
I will answer the question myself. On the Third Reading of the Bill abolishing 90% of hereditary peers, the Lib Dems abstained. I know a reshuffle is due, but the hon. Gentleman should stop reading the Whips’ sheet and listen to the debate.
The Lib Dems abstained. Subsequently, we introduced people’s peers and a proper appointments process, and we also sought to ensure that no single party would have a majority of Members in the second Chamber. The Constitutional Reform Act 2005 resulted in a far-reaching separation of powers, with senior Law Lords removed from the other place. The UK for the first time had its own dedicated Supreme Court, which is now firmly established on the other side of Parliament square. It is also worth reminding the House what happened on that occasion. Thirteen members of the current Cabinet, including the Prime Minister, supported a reasoned amendment declining to give that Bill a Second Reading in 2005. What did the Liberal Democrats do on Third Reading? Yes, they decisively abstained. We are therefore comfortable with our record in government on good constitutional reform.
Andrew Bridgen
The right hon. Gentleman talks about creating a consensus across the Chamber about Lords reform, but is not the truth that this Bill, if enacted, will not reform the House of Lords, but effectively abolish it? The House of Lords is a fine institution. It is not broken, so why do we need to fix it?
Sadiq Khan
The hon. Gentleman is right that the reforms, if carried through, will replace the House of Lords as we know it now. However, I will come to the semantics of the words “abolish” or “replace” in a moment.
It is fair to say that Labour would have liked to go much further. On occasion we tried to achieve much more, but we were held back. Our decision to proceed only with cross-party consensus acted as a restraint on the pace of reform. Proposals floated by Labour ran into fierce opposition. Despite healthy general election majorities, Labour did not seek to impose our wholesale reforms on a divided House of Commons. It is ironic that this has left us open to criticism by the Deputy Prime Minister—and, I hear, the Chancellor—for not doing enough during our years in government.
The House of Lords Reform Bill was first published on 27 June. A draft Bill was published in May last year, which was largely castigated in this Chamber and the other place. Before the Bill’s publication, the Deputy Prime Minister set great store by the findings of the Joint Committee established to look into the draft Bill. Let me take this opportunity to thank all the members of the Joint Committee, who spent nine months on the report. The Joint Committee published its report on 23 April, with an alternative report published by 12 of its members.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
The right hon. Gentleman’s manifesto at the last election stated:
“To begin the task of building a new politics, we will let the British people decide on whether to make Parliament more democratic and accountable”
in a referendum. Is that still his party’s view?
Sadiq Khan
It very much is. Unlike the hon. Gentleman’s coalition partners, we keep our promises.
Guy Opperman (Hexham) (Con)
The right hon. Gentleman said that he required time to consider the Bill. How long does he require—10, 15, 20 or 25 days? Will he enlighten the House by saying how long he feels is necessary?
Sadiq Khan
We are in favour of reform. I will come to the issue of timing in a moment.
I note from his opening statement that the Deputy Prime Minister highlighted areas where the Bill had been amended as a result of the Joint Committee’s report, but he was less keen to highlight those where he has not taken on board the Joint Committee’s views. He knows as well as I do that he has cherry-picked from the Joint Committee’s report, while blindly ignoring its other key recommendations and concerns. Let me turn to the Bill itself. If I was being generous, I would have to say that the Bill as it stands is a bit of a mess.
Mrs Laing
Having sat on the Joint Committee for eight months, I entirely agree with the right hon. Gentleman that the report was critical of the Government’s Bill. The alternative report—signed by 12 of the Joint Committee’s 25 members—was even more critical. The Committee agreed that eight months was not long enough to give proper scrutiny to the Bill, so how could 10 days be long enough for this House?
Sadiq Khan
I thank the hon. Lady for her intervention. She reminds us that there are still a number of major deficiencies, which will need to be looked at in Committee, if the Bill is to be improved. Our support for giving the Bill a Second Reading should therefore not be taken as a blank cheque.
We have many concerns—many of them major—about the content of the Bill, but I shall concentrate on three areas.
The area of powers and conventions deserves our greatest attention. With all the focus on form, the Government have neglected function. On primacy, the Government have sought to rewrite the inadequate clause 2 of the draft Bill and dropped any reference to the conventions governing the relationship between the Houses. It remains to be seen whether this will deal satisfactorily with the issue; constitutional experts are no doubt poring over this as we speak. As the Bill will be debated on the Floor of the House, and as new clause 2 was not considered by the Joint Committee, there has been no pre-legislative scrutiny. We simply do not know whether the provision is adequate. Labour Members want to ensure that the Commons maintains its primacy even when a second Chamber becomes elected.
It is impossible to predict what changes might develop in the culture of the House of Lords following reform, but it seems likely that elected Members will expect to play at least a fairly assertive role and that voters may share that view. When the European Parliament went from being an appointed to an elected body, it demanded more powers to reflect its democratic mandate. Why should elected Members of the second Chamber be bound by conventions that bind a Chamber of hereditary and appointed peers? The Bill effectively washes its hands of this issue.
Mr Dave Watts (St Helens North) (Lab)
Will my right hon. Friend explain why it is good enough to have a referendum when we are electing a mayor in a city, yet not good enough to have one when we are changing the constitution?
Sadiq Khan
I heard the Deputy Prime Minister desperately trying to answer that question, but on four or five occasions when such questions were put to him by his hon. Friends, he failed to answer them.
Mr Jim Cunningham (Coventry South) (Lab)
Did my hon. Friend notice that in answering one of his colleagues earlier, the Deputy Prime Minister said that the coalition had decided on a change to the voting system in favour of proportional representation? Only a few months ago, however, the electorate rejected that, but the coalition is not prepared to accept the democratic will of the electorate.
Sadiq Khan
It is worse than that. The Joint Committee did not even examine the type of voting system that is now being proposed. It was pulled out of a hat without any proper consideration.
Although the Bill recognises that conventions—[Interruption.] Ministers on the Treasury Bench need to calm down.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
Will the right hon. Gentleman confirm that the semi-open list system was exactly the system that he personally asked for in the Joint Committee?
Sadiq Khan
Will the hon. Gentleman confirm two things: first, that the Joint Committee stopped sitting in November 2010; and, secondly, that the Joint Committee of both Houses failed to consider this system? He decides not to respond.
Sadiq Khan
The Bill recognises that conventions may evolve, and assumes this will happen of its own accord during the transition phases. We believe that that is too passive and is a dangerous position. The obvious questions requiring clarification include the following. What is the position on the Salisbury-Addison convention about Bills and the prevention of manifesto commitments? What about the convention that the Lords does not usually object to secondary legislation? More than 1,000 pieces of secondary legislation go through Parliament each year; the Parliament Acts do not cover this. What about the convention that the Government should get their business through in reasonable time? The Parliament Acts still allow Bills to be delayed for 13 months. What is the position on the exchange of amendments between Houses? The Lords could force the Commons to concede on major changes or resort to the use of the Parliament Acts. I am not saying that those questions cannot be answered adequately; it is just that the Government appear not even to realise that these are live issues. They have their heads in the sand.
Mr Peter Bone (Wellingborough) (Con)
The shadow Secretary of State is making a powerful speech. He refers to the Government’s Bill. Is it not a fact that there are 10 Ministers sitting on the Front Bench today, of whom only two are Conservative and eight are Liberal? Does that not show where the real support for this Bill comes from?
Sadiq Khan
It is not for me to get involved in private family grief.
It is simply not clear how any dispute about the use of powers or appropriate interpretation of conventions could be adjudicated or effectively enforced? We think the Bill will need to play a more active role in addressing powers and conventions, particularly if we are to placate the legitimate fears of colleagues on all sides and in both Chambers. Failure to do so risks storing up big problems for the future.
Mrs Main
I should appreciate the right hon. Gentleman’s comments on the function of this apparent second House. Does he share my fear that when the majority of its Members are elected and a small proportion will be appointed, there will be a divided second House some of whose Members will have more power than others? When it comes to a tied vote, who will really win?
Sadiq Khan
The hon. Lady raises one of the issues that need to be resolved.
Tim Farron (Westmorland and Lonsdale) (LD)
Will the right hon. Gentleman give way?
Sadiq Khan
The hon. Gentleman has been very patient, so I will give way to him.
Tim Farron
I am extremely grateful to the right hon. Gentleman for his statesmanlike address. He seeks credit for the Labour party for reforming history, and he is right to do so. The last but one Labour Prime Minister, who introduced devolution in Scotland and Wales and a Northern Ireland Assembly, and, indeed, introduced proportional representation for European elections without a referendum, deserves enormous credit.
Does the right hon. Gentleman feel comfortable about concentrating on the details now, and essentially asking for a prevaricators’ charter? Does he feel comfortable about being ranked as a pygmy alongside those giants of constitutional reform?
Sadiq Khan
I am not sure whether I understand the hon. Gentleman’s point. He seems to be suggesting that we skip the details and rush the Bill through the House, and I am not sure that that is my idea of good government.
Gavin Shuker (Luton South) (Lab/Co-op)
Does my right hon. Friend feel as uncomfortable as I do when listening to the Liberal Democrats lecturing people on referendum commitments in manifestos when they cannot even keep to their own commitments to their coalition colleagues, or on tuition fees?
Sadiq Khan
I am always uncomfortable when listening to Liberal Democrat Members of Parliament.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Will my right hon. Friend give way?
Mr Sheerman
My right hon. Friend is making some very good points. I have been in the House for long enough to have voted for many of the progressive measures introduced by a Labour Government, but one of the things that worry the reformers on the Opposition Benches who want change in the upper House is the quality of the people who would end up there—and there is nothing in the Bill to assure us that the party machines will not control all the people who end up there.
Sadiq Khan
My hon. Friend highlights one of the problems of a list system. That is one of the reasons why we are surprised that the Joint Committee, which sat for nine months, did not consider the type of system that is being imposed in the Bill.
“I am a supporter of a fully elected House of Lords”.—[Official Report, 5 April 2011; Vol. 526, c. 879.]
Those are not my words—although I agree with them—but the words of the Deputy Prime Minister. However, his Bill proposes the establishment of an 80% elected Chamber. We are disappointed that it has not gone for a fully elected second Chamber. Even the Joint Committee was split, recognising that there was a case for that.
Our position is that we want a fully elected second Chamber, and that was also the position taken in the Liberal Democrats’ manifesto. By allowing some Members still to be appointed, the Deputy Prime Minister is weakening his own arguments for having elected Members in the second Chamber. The Deputy Prime Minister’s pet phrase—although he did not use it today—is “Do not let the best be the enemy of the good”, but in proposing a hybrid Chamber he may be storing up problems for the future.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I was a little confused by the right hon. Gentleman’s criticism of the open list system. One of the things that we did after listening to the Joint Committee was adopt an open list system, in the spirit of consensus, as it is exactly what the Labour party put in its manifesto.
Sadiq Khan
The Minister is wrong to suggest that the Joint Committee had an opportunity to consider the system that he has now put in the Bill. It simply did not. I am willing to give way to the Minister again. Did the Joint Committee consider the type of voting system that is in the Bill? Well, the Minister has decided to remain in his seat, which is his prerogative.
There are legitimate concerns about the possibility that this hybrid system will lead to tensions between the different types of Member, and that those who are elected and are full time will consider themselves more legitimate, and be treated as such, than those who are unelected and part time. There are also other concerns, which will no doubt be raised over the next two days.
Gavin Barwell (Croydon Central) (Con)
The right hon. Gentleman asked whether the Joint Committee had considered the issue of open lists. Obviously we did not consider the specific clauses that are now in the Bill, but if he reads our report he will see that there is a section referring to open lists, and a recommendation that states
“In the Committee's view, the voting system chosen should give voters the widest choice… of where to cast their preferences, whether that is within a single party or across candidates”.
We did consider the issue, and the right hon. Gentleman may wish to correct the record.
Sadiq Khan
I thank the hon. Gentleman for helping me out by confirming that the clause was not considered by the Joint Committee.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
In answer to an intervention from the hon. Member for Penrith and The Border (Rory Stewart), the Deputy Prime Minister said there could be some kind of referendum or investigation after the election of the first tranche of peers. That shows that we need a more detailed investigation of the Bill, because the rules are changing as we go along.
Sadiq Khan
It is worrying that the Deputy Prime Minister has today decided to pull a rabbit out of the hat by suggesting the idea of a referendum once we have some peers appointed or elected in the way that he wants.
We also need to be clear that the model is not quite as simple as the 80:20 split that has been portrayed. The Bill permits the Prime Minister of the day to appoint eight additional Ministers to sit in the Chamber. That will mean that, once again, patronage will lead to a place in the second Chamber—so much for accountability and the end of patronage! Over the period of a Government, that could accumulate, and result in a fair number of partisan ex-Ministers with full voting rights being members of the legislature for 15-year terms by appointment via patronage. This, again, is against the advice of the Joint Committee.
Dan Byles (North Warwickshire) (Con)
The right hon. Gentleman has discussed the problem with having different types of peers in the new upper House, but nobody has yet discussed the new ministerial Members, who will, of course—[Interruption.] Well, not in terms of numbers. The fact is that the Bill will allow the Prime Minister of the day to impose an unlimited number of ministerial peers who are not appointed by the independent appointments system.
Sadiq Khan
The draft Bill advocated the Prime Minister having the power to appoint Ministers, who would be members of the legislature for as long as they were Ministers. However, the Bill published last week says they can stay for 15 years, which is really quite remarkable.
Alison Seabeck (Plymouth, Moor View) (Lab)
I thank my right hon. Friend for making public the historic levels of indecision on the Liberal Democrat Benches in respect of House of Lords reform. On the 15-years issue, the Deputy Prime Minister says this House contains career politicians. Surely, a 15-year job is a career.
Sadiq Khan
My hon. Friend is absolutely right: 15 years non-renewable hardly leads to accountability.
A key absence from the Bill is that there will be no referendum. The Government have opted to impose their proposals on the public, rather than trust the people with a vote on House of Lords reform. We think that is an error, and it runs contrary to the growing tradition that major constitutional change should be put to the people in a referendum.
It is not only Labour that calls for a referendum. The Joint Committee also unanimously called for a referendum:
“The Committee recommends that, in view of the significance of the constitutional change brought forward for an elected House of Lords, the Government should submit the decision to a referendum.”
This Bill is much weaker as a result of the Government refusing to include a referendum.
We heard a number of defences of that position from the Deputy Prime Minister. He said a referendum was not needed because proposals to reform the House of Lords were in all three main parties’ manifestos. The manifestos said very different things, however. While Labour and the Lib Dems called for a wholly elected second Chamber—albeit Labour wanted a referendum as well—the Conservatives sought only to find consensus. It is not simply semantics to argue that the Conservatives never actually gave a commitment to reform the House of Lords; they gave a process commitment to seek dialogue to find common ground.
Sadiq Khan
I need to make some progress; I have been speaking for quite a while.
What is the best way to build consensus and to get a second Chamber that has legitimacy and public confidence? One way would be through holding a referendum. That would give consensus, public confidence and greater legitimacy.
Even if all three manifesto commitments had been identical, we would still push for a referendum. First, we would do so because it is in our manifesto. Secondly, as has been highlighted by a number of eminent commentators and colleagues from both sides of the Chamber, we would do so because someone who was opposed to reform of the House of Lords had no way of expressing that opinion at the last election. A referendum would allow a full and frank airing of views and allow voters the option to support, or oppose, the position.
Sadiq Khan
I want to make some progress.
The fact is that, under these proposals, by 2015, let alone 2025, the way in which the Members of the other Chamber are elected and appointed will be totally different from how it is now. That is a radical change; it is not simply tinkering. If it were just tinkering, I am sure that the Deputy Prime Minister would not be quite so keen to champion the proposals as he is now.
Moreover, Parliament has got into the habit—some would call it a convention, and a good one at that—of holding referendums on major constitutional change. When in government, Labour did so in Wales, Scotland and Northern Ireland on devolution proposals, and in London on the creation of the mayoralty and the assembly. We also did so on giving further powers to the Welsh Assembly. We gave the people of the north-east of England a referendum to vote on regional government —a proposal they rejected. Even this Government have held a referendum on changing the voting system. People will not unreasonably think that the Deputy Prime Minister fears that his latest set of proposals will suffer the same fate as his electoral reform ideas. Referendums were also held in towns and cities up and down the country on proposals for elected mayors less than eight weeks ago. So if a referendum is good enough for Wales, Scotland, Northern Ireland, London, the north-east, Bristol, Leeds, Sheffield, Manchester, Birmingham, Wakefield, and for the alternative vote system, it is certainly good enough for Lords reform—an issue of national significance.
Time prevents me from dealing with the other areas where this Bill needs improvement, which include the length of the terms; whether those terms should be renewable; the cost of the second Chamber; the transitional arrangements; and the system of elections. There are more such issues, but time is running away.
We have made it clear that we will be voting to give the Bill a Second Reading; we support the principle of reform of the House of Lords. As the Government have decided to introduce this Bill, our job is to respond. We will oppose where we think things are not right and we will support them when we think they are the right thing to do. As I have said, on this occasion we will be supporting the progress of this Bill, but the Committee stage will offer the opportunity for the House to shape the Bill into something much better.
It is absolutely crucial—[Interruption.] I will answer the question that Ministers on the Treasury Bench have been chuntering about. It is crucial that the Bill is given sufficient time to be debated in detail. I know that the Chief Whip has now left, but attempts to shorten or stifle debate by the Government would be unhelpful. A fixed period of time for the Committee stage will not allow proper discussion of all 60 clauses and 11 schedules, and consideration of new clauses. Filibustering could render a full and frank debate impossible, which would be an utter travesty for a Bill of this importance. Let us consider the following:
“when there are really important matters before the House…a big Bill when Members want to say what they need on behalf of their constituents, they are unable to do so because of some ridiculous programme motion that does not take into account the gravity or importance of the measure.”—[Official Report, 2 February 2009; Vol. 487, c. 638.]
They are not my words; they are the words of the Deputy Leader of the House of Commons.
Sir Menzies Campbell (North East Fife) (LD)
The right hon. Gentleman has not stinted from personal criticism of my right hon. Friend the Deputy Prime Minister, so why is he declining to tell the House of Commons how many days he thinks are necessary for this Bill? If he and his party are so committed to the reform of the House of Lords, why is it, if they oppose the programme motion, that they will find themselves in the same Lobby as those opposed, root and branch, to any reform at all?
Sadiq Khan
I think the right hon. and learned Gentleman is talking about his coalition partners. [Interruption.]
Mr Speaker
Order. Liberal Democrat Members should not be yelling at the right hon. Gentleman. The right hon. and learned Member for North East Fife (Sir Menzies Campbell) intervened and the right hon. Member for Tooting (Sadiq Khan) is replying. The hon. Member for Westmorland and Lonsdale (Tim Farron) is an aspiring statesman—
Mr Speaker
Well, perhaps he thinks he is a statesman already, and he should behave accordingly. Let us hear Mr Sadiq Khan.
Sadiq Khan
I have already told the House what the Deputy Leader of the House thought a few months before he had the burdens of high office. Only two months before he became part of the Government and part of the Executive, he said that programme motions are
“imposed by the Executive to prevent debate”.—[Official Report, 2 March 2010; Vol. 506, c. 819.]
Sadiq Khan
Let me refer to the manifesto on which the hon. Gentleman stood and won in 2010. In a section on the House of Commons entitled
“Strengthen the House of Commons to increase accountability”,
it stated that Parliament would be given
“control over its own agenda so that all bills leaving the Commons have been fully debated.”
Chris Bryant
I am grateful to my right hon. Friend for giving way. One problem is that when we debate important pieces of legislation, we sometimes expect them to be corrected in the House of Lords and choose not to have votes in this Chamber as they take 15 minutes, losing us time for debate. Is it not therefore all the more important, particularly on clause 1, which contains nearly all the issues of composition, that we have as much time as it takes to get it absolutely right and to have as many votes as we need to get it right? Otherwise, there will be no prospect of the Bill ever coming into law because we will be unable to Parliament Act it.
Sadiq Khan
On a number of occasions, the Prime Minister and Deputy Prime Minister have said that they will use the Parliament Act to get the Bill through, which means that the second Chamber’s ability to revise and improve will have gone and the Bill must leave this Chamber in the best state possible. If debate is guillotined, that will not be possible.
Margaret Beckett
My right hon. Friend has made a point in his effective speech of referring to the previous Government’s record on reforming and improving the House of Lords and of the Liberal Democrats’ failure to support us. Let me remind him that when we introduced the House of Lords Act 1999, if I recall correctly, we allowed four full days of debate on the Floor of the House on the five-clause Bill and we did not programme that discussion in any way because it was a constitutional matter.
Sadiq Khan
I apologise for correcting my right hon. Friend, but in fact there were nine days of debate, not four, on the Floor of the House. She is absolutely right in all other respects.
Mr Graham Allen (Nottingham North) (Lab)
Does my right hon. Friend understand that if he is not prepared to say how long a programme motion should specify for debate, even in his wildest dreams, while saying that he wants reform of the second Chamber, people outside this Chamber might well feel that his position is contradictory? Will he therefore consider entering into proper negotiations should the programme motion fail tomorrow night, so that we ensure that everyone outside this place knows that the Labour party is still a party of reform of the second Chamber?
Sadiq Khan
I thank the Chair of the Political and Constitutional Reform Committee for his helpful words. It is important for us to ensure that we do that so that the public can see that we are genuine and because we believe in House of Lords reform. We do not want the Bill to get stuck in the House of Commons so we will enter into discussions, but the Government must talk to us. The Deputy Prime Minister has failed to talk to us on the substance of the Bill and what is really important is that the usual channels operate—
Sadiq Khan
I have already allowed the hon. Gentleman and others to intervene—[Hon. Members: “Ah!”] Of course I will give way.
Mr Heath
Let me make it absolutely plain: we have tried to speak to the Opposition at all times during the development of the Bill to find out how they long they want for the programming of it. They have declined to tell us and the right hon. Gentleman is declining to tell us today. That is why we cannot reach consensus; the Opposition do not want to tell us how long they want for the Bill, but simply want to vote against the programme motion.
Sadiq Khan
It will be for others to draw what conclusions they want to from those crocodile tears.
As the Leader of the House has returned to the Chamber, it is worth reminding ourselves of what the Conservatives believe about programme motions. He has said that
“today I can announce that we will abolish the practice of automatically guillotining Government Bills and give Parliament back the time it needs to make real improvements to the law.”
The manifesto on which he stood—the Conservative manifesto, not the Liberal Democrats one—stated that they would allow
“MPs the time to scrutinise law effectively”.
That is the point that we have been trying to make. Both coalition parties are clearly on the same page as Labour. The Bill before us today should be allowed to be fully debated and there should be no guillotining of debate by the Government.
The Leader of the House of Commons (Sir George Young)
I am very grateful to the right hon. Gentleman for giving way. It is indeed the case that since 2010 we have tried to develop a consensual approach to the programming of legislation and on many constitutional Bills against which his party has voted on Second Reading, they have agreed to the programme motion. That has happened because we have had a sensible dialogue. I very much regret that, on this Bill, it has not been possible to have that dialogue and reach agreement.
Sadiq Khan
As somebody who was involved in the boundary changes Bill, I can say that that was not the case.
Ian Lucas (Wrexham) (Lab)
The Parliamentary Voting System and Constituencies Act 2011 made a substantial parliamentary change in Wales. Due to the approach of the Liberal Democrats and the Conservatives in the coalition, there was no discussion on the Floor of the House on the reduction from 40 seats to 30 for Wales. That is exactly what will happen if we have a programme motion for this Bill—we will be prevented from speaking out.
Sadiq Khan
It is worth reminding the House what happened: MPs from Wales did not get a chance to discuss their seats, and nor did MPs from Devon and Cornwall, but the hon. Member for Isle of Wight (Mr Turner) got his chance to discuss his seat.
The Government are not only trying to deprive the public of their say in the matter by not giving them a referendum, but seeking to deprive the people’s representatives of the chance properly to scrutinise the Bill. For the avoidance of doubt, I repeat what my right hon. Friend the Leader of the Opposition has made quite clear: we want House of Lords reform and we do not want the Bill stuck in the Commons, but we need the opportunity properly to scrutinise, amend and improve it. Accordingly, we will vote against the programme motion tomorrow night, and hope that Members on both sides of the House join us.
Mrs Laing
Does the right hon. Gentleman acknowledge that this is not just any Bill? The Bill brings about fundamental change to Parliament. It is a serious constitutional measure and, by convention, the House does not usually put a timetable—a limit—on a Bill of such constitutional significance.
Sadiq Khan
I heard Lib Dem Members chuntering while the hon. Lady, who sits on the Political and Constitutional Reform Committee, sat on the Joint Committee and spoke for the Conservatives in opposition, made her important point.
The next two days offer an opportunity for views from all sides to be expressed. On previous occasions when the Chamber has debated House of Lords reform, there has been no shortage of opinions from across the full spectrum, all sincerely held and all genuine. I am certain that this occasion will be no different. I understand that more than 115 MPs have already indicated that they want to speak in the debate over the next two days. I know that there are siren voices of concern in all parts of the Chamber. There are those who favour reform, but have concerns about the Bill, and those who favour the status quo.
Let me end by saying that we can all agree that no one, except the Deputy Prime Minister, thinks that this is a perfect Bill. We will help the Government to give the Bill a Second Reading tomorrow night, but Government Back Benchers should vote with us on the programme motion so that we can all work together to achieve a better Bill.
Sir Malcolm Rifkind (Kensington) (Con)
In the modern history of parliamentary reform, there have been a number of noble milestones: the extension of the franchise in the 19th century, and to women voters in the 20th; the Parliament Act 1911, which gave primacy to this Chamber; and the expulsion of hereditary Members from the House of Lords. Those were all radical measures, and they were welcome and serious. I very much regret to say that the Bill that the Deputy Prime Minister has introduced does not come into that category.
The Bill is a puny measure. It is unwelcome and it will do far more harm than good to our constitutional structures and to the good government of this country. I say that because, essentially, two things will happen. First, the Bill will lead to the departure—the expulsion—of the vast majority of Cross Bencher and specialist Members of the upper House. We have been extremely well served by several hundred of our most distinguished citizens—industrialists, trade unionists, academics, diplomats, churchmen of many faiths, leading members of the armed forces—all of whom have carried out the task of revision, and only a small fraction of them can remain under these provisions. What are we to replace them by? Essentially, it will be a sham democratic Chamber, consisting overwhelmingly of Members who would rather be in this Chamber and who will be elected under a party list system that is an insult to the electorate.
I believe that this Bill needs to be opposed. I do not normally oppose measures introduced by the Government of whom I am one of the strongest supporters, but this Bill has to be opposed, because, essentially, what it is designed to do will damage the fabric of our government. I say that both to my hon. Friends who, like me, are perhaps willing to go along with an appointed House of Lords, and to other hon. Members who want a genuinely elected system that will continue to attract the brightest and the best to serve in the upper House.
I was not impressed when my right hon. Friend the Deputy Prime Minister mentioned that Lesotho provided the only example of a House appointed like our own. He must be aware that, for example, Canada has an entirely appointed senate, and that the Federal Republic of Germany has an upper House which is not elected by the people but appointed by the states—
Sir Robert Smith (West Aberdeenshire and Kincardine) (LD)
There are no hereditaries in Germany.
Sir Malcolm Rifkind
By all means, let us get rid of the hereditaries. That can be done extremely easily, by a very small Bill that would hardly be opposed by anyone.
Nadhim Zahawi (Stratford-on-Avon) (Con)
Is not the reason the Bill fails so miserably that it reflects an obsession with the form rather than the function of the other place?
Sir Malcolm Rifkind
My hon. Friend is right and he brings me to my next point, which is that if the Deputy Prime Minister really believes in a democratic upper House, why is he not providing for one in the Bill? What he is providing is form, not substance. The very name of the revised Chamber will continue to be “the House of Lords”. Not a senate, it will be the House of Lords, even though every Lord will have been expelled from it over a period of years.
When it comes to the proposed powers, the Deputy Prime Minister spends his time trying to reassure this House that the powers of the new elected, democratic Chamber will be—will have to be—exactly the same as those the appointed House has now. What possible justification is there for that, if he believes in an elected, democratic upper House? He is a Liberal Democrat; does he not remember the history of his own party? Does he not remember that the Parliament Act 1911 was passed because, until then, apart from on taxation matters, there was an equal right of veto in both Houses, and Asquith and his colleagues argued correctly that an unelected House could not have a veto on the business of Parliament? If the second Chamber is now to be elected, on what ground does he seek to justify his proposals—other than a desire to be all things to all people?
That is the sad problem with the Liberal Democrats: they always wish to be all things to all people—to go for the middle way. I am reminded of a remark I once heard, which I thought was rather good: if Christopher Columbus had been a Liberal Democrat, he probably would have been content with discovering the mid-Atlantic. [Laughter.]
What public interest will be served by the Bill in its current form? Does my right hon. Friend really believe that, compared with all these distinguished men and women from all over the country who serve in the House of Lords now, most of whom will not be able to continue to serve, a party list of candidates will result in more cerebral debate, more enlightened debate and more able contributions to the revision of legislation? Does he actually believe that and does he seriously want us to accept that, or does he recognise that that cannot, in fact, be the case?
Jesse Norman
I am greatly appreciating, as, I am sure, are all Members, the brilliance of my right hon. and learned Friend’s speech. Does he share my view that, as for Members of the European Parliament, Assembly Members in Wales and Members of the Scottish Parliament, the process of election can only empower this group, so that they start to throw their weight around even more?
Sir Malcolm Rifkind
Yes, but what worries me is the prospect of ending up with a party list system which, as we know from the experience of the European Parliament, has no legitimacy with the electorate, is not regarded as a way of electing people to represent their interests, and has been entirely discredited, regardless of the view one takes of the European Union as a whole. For that system of all systems to be chosen for the purpose of deciding membership of the upper House is totally incomprehensible to me, never mind entirely regrettable.
I say specifically to the Deputy Prime Minister, because clearly it is his party that is behind the Bill, and perhaps the only party that would care much if the Bill never saw the light of day, that if he wants to eliminate the defect he rightly referred to of the continuing presence of hereditary peers in the House of Lords, that can be done very easily by means of a simple legislative measure. If the right hon. Gentleman wants to get rid of the extraordinary nonsense that we have almost 1,000 peers, that can be done by a compulsory retirement age. If he wants an opportunity to deal with the other anomalies in the House of Lords, he does not need to go down this road. The only argument for going down this road is if he believes in a democratic upper House which, by its very nature, will then share primacy with this House of Commons. Let him, if he wants that, admit that, rather than try to conceal that fact behind words that do not carry conviction.
Sir Malcolm Rifkind
I take no pleasure in not being able to support the Government and the coalition, in which I am a very strong believer, but it would be unworthy of anyone to argue that a constitutional measure which will have a profound impact on the well-being of this country and of our political system should in any way be influenced by its impact, if it were to be defeated, on other legislative proposals.
I have not voted against my party on a three-line Whip for a very long time. I last did so in the 1970s. I do not know what effect it will have this time on my future ministerial career. All I can say is that the last time I did it, in the 1970s, two years later Margaret Thatcher appointed me to her Government. So my right hon. and hon. Friends should be of good heart and vote as they believe, and that means voting against the Bill and against the programme motion.
Margaret Beckett (Derby South) (Lab)
I regret to have to differ in this matter from my Front-Bench colleague, for whom I have the utmost respect, but in my years in the House I have never supported the establishment of a second House to second-guess this Chamber. I have voted for and would prefer the outright abolition of the second Chamber, if that is what it comes down to, but I have not voted and will not vote for an elected House. I have made that clear to my electorate on the rare occasions when they have shown any interest in the matter whenever I have stood for election—that whatever was said in my party’s manifesto, I would not be voting either for a change to the electoral system or for an elected upper House—and I have made that clear, I should add for the avoidance of doubt, in government as well as out, to a succession of Chief Whips.
Margaret Beckett
I am very short of time.
I completely agree that further reform is both necessary and desirable. It is time, for example, to terminate the arrangement for the remaining hereditary peers which was the price in 1999 for ending their complete control of the upper House, and I share the approval of Lord Steel’s recent Bill, which makes many sensible suggestions. I entirely understand why, looking at an upper House whose Members had their place on the basis of being the eldest in their families—not even the best qualified or most interested—people should conclude that reform was necessary and that election was the only way.
However, that original hereditary House has been changing and evolving over many years, ever since the Conservative Government of the past introduced life peers. Nearly all those in today’s House are Members because of the contribution that they themselves have made in a variety of ways to the nation’s life, not because of the contribution, dubious or otherwise, of their ancestors. So gradually and with some reluctance, I have over the years come to recognise that there is some merit in an advisory and a revising Chamber with a membership of variety and experience, but my view that we do not want and we do not need a competitive Chamber remains unchanged.
I recognise the argument that is put that we can somehow prevent that Chamber from being a competitor, but I do not believe a word of it. Not only is that my own long-standing view, but it was powerfully reinforced. My right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr Clarke) expressed dismay that the Government did not give the Joint Committee the services of the Attorney-General. A former Attorney-General, as I think he was, the late Gareth Williams, a brilliant and distinguished lawyer, told us that if the second House were elected, it would be entitled to compete for power with this Chamber. He said, “You cannot confine, for example, decision making on finance or discussion of the Budget to the House of Commons if you have an elected upper House.”
Two other matters lead me strongly to oppose the Bill. The first is the specific proposal for the elections. The Deputy Prime Minister has waxed lyrical about the fact that Members of the existing upper Chamber are there by reason of patronage, but that is also what a party list system is—everyone in this House knows that that is the reality—so he proposes replacing one patronage system with another. He also claims that the elections he proposes would convey accountability. As has already been said in the debate, people who are elected for a 15-year, non-renewable term do not need to be, and will not be, accountable to anyone.
That brings me to my other major concern. The Liberal Democrats have been particularly vocal about the need for constitutional change, on behalf—they always say—of the people of this country, but they have shown a marked reluctance actually to consult the people of this country. In the coalition negotiations that preceded the formation of the Government, they tried to blackmail each of the major parties into giving them a change in the electoral system without a referendum, and now they are trying to get us to change this whole Parliament without giving the people a chance to express their view. I know that in opinion polling people will say, “Surely it is better to elect the upper House.” As we all know, it all depends on the question that is asked. If people were asked, “Do you want to set up a second Chamber of politicians with all the facilities that would be required, certainly at a cost of tens of millions of pounds, if not substantially more?” I suspect we might get a different answer.
The Bill seeks to reshape this entire Parliament and, into the bargain, introduce a different electoral system for the upper House, and all without consulting the people. I shall not vote for it, and trying to force it through without a referendum is the most undemocratic thing about it.
John Thurso (Caithness, Sutherland and Easter Ross) (LD)
In 1970 I had the privilege of sitting on the steps of the throne in the other place to listen to my father’s maiden speech. In 1995, following what I thought was his untimely death, I had the opportunity to go there myself to make my own speech. In the intervening period I often sat on the steps of the throne, largely because doing so was free and, as a trainee in the Savoy company, I was able to spend afternoons on split shifts there. I listened, watched and learned a great deal about the House of Lords. I remember many great noble Lords making many great speeches, but I came to the view that, however wonderful it was, it was no way to run a legislature. When I arrived in this place, in my maiden speech I made it clear, as I had done in speeches in the other place, that I would seek to work for reform of the Lords and would not rest until it was an elected House.
Therefore, I rise to support my right hon. Friend the Deputy Prime Minister’s Bill. When I made my maiden speech in this House, what I said on Lords reform was said more in hope than expectation, but let me tell him now that the expectation is high, because this is the right reform, at the right time and in the right context. I believe that for two fundamental reasons. First, in my view the House of Lords is broke. It does not actually work. An hon. Friend referred earlier to the number of Government amendments that the Lords voted against in the last Parliament, but the crucial point is the number that survived scrutiny afterwards in this place. As we all know, when an amendment that is made in the other place arrives here we are told that the Lords have asked us to think again but, as they are not legitimate or elected, let us, the legitimate and elected House, strike it down. That is the critical fix that we need to make.
Mr James Gray (North Wiltshire) (Con)
If I understand the hon. Gentleman’s argument correctly, he is now saying that, because Members of the House of Lords are to be elected, when they turn something down and it comes to this House we will be more likely to give way to their views. If that is the case, surely he accepts that we are in fact giving up part of our powers?
John Thurso
Let me come to that point in a moment, because it is a critical part of the argument.
The second fundamental reason I believe that the House of Lords should be reformed is that for the past 50 years the Executive have gradually been pruning the powers of Parliament. For 50 years the ability in this House, and in Parliament as a whole, to hold the Government to account has been diminishing. For me, the Bill is primarily about the primacy of Parliament as a whole. It is not a zero-sum game. Increasing the legitimacy of the Lords will increase the legitimacy of Parliament as a whole.
Rory Stewart
The hon. Gentleman is making a very interesting speech, but some people who support the Bill say that it will make the upper House stronger, some say that it will leave it the same, some say that the House of Lords is not broken, and the hon. Gentleman says that it is broken. Does he not agree that real constitutional reform requires a consistent vision of the problems—and of the objectives that one is trying to achieve?
John Thurso
I am grateful to the hon. Gentleman for that intervention. For my own part, I have been consistent in my views ever since I started to think through the matter seriously, and for me the key part is legitimacy, for so long as the other place—
John Thurso
No, I have given way twice, and that is it, so for the avoidance of doubt I will do so no more.
The critical point is that the other place is not regarded as legitimate by us, by the media or by the public at large. If we had an appointed upper House that was regarded as legitimate, as indeed Canada does, that would be worth considering, but we do not. As long as there is no election, the upper House will not be considered legitimate, so we have to move towards election.
We need to observe four key principles. First, we need to look at the role of the other place. It does its job up until the point at which what it has done leaves the other place and comes here, so I want the other place to be a place that continues to scrutinise and to advise.
Secondly, we need to take the best of what exists. For example, the reason the House of Lords works well is that the Whip is lighter—some would even say, “consensual” —up to a certain point, because one cannot be thrown out. By seeking, therefore, to replicate that with long terms and no re-election, that same flavour will come through. Further to that point, and absolutely fundamentally, there should be no competing constituency interests. That is why PR and large constituencies are so important—so that those who are elected cannot claim to represent a county, a division or a town. That is absolutely vital.
Thirdly, reform should be gradual: it should be brought in over a period to allow the customs and mores of the other place to survive the transition. The fourth point, which is also of prime importance, is that the upper House should not compete with the House of Commons as the place to form the Government.
So I look to what is in the other place now, but the one thing that none of us should be able to support is the status quo. It clearly cannot be right in the 21st century to have half our legislature composed of the rump of the aristocracy, together with the great and the good who have benefited from whatever their parties might have chosen to prefer them with.
It is extremely important that we look to an upper House that has legitimacy, has elections and replicates the good parts, but that does not replicate, or seek to replicate, the bad parts. I happily left the other place in 1999 to take my retirement from it, but when I did so I made a prediction to the colleagues whom I left behind, saying that the next stage of reform would not be nearly so easy. I did not for a moment believe that those who had kicked, screamed and gouged their way to party preferment, and had arrived in the other place after all that hard work, would be as happy as I was to leave. That, indeed, seems to be exactly where we are.
I have friends in all parts of this House, not perhaps political friends but none the less friends, and I know how many of them would like to see the other place reformed, so I say to all reformers in this House: we have a once-in-a-generation opportunity; for God’s sake, let us take it.
Alan Johnson (Kingston upon Hull West and Hessle) (Lab)
It is a pleasure to follow the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who has some experience of these things.
This morning, Mr Speaker, I heard on the radio one of your most distinguished predecessors suggesting that this Bill was the end of civilisation as we know it. To me, it is a very small step on the road to a better civilisation that we might arrive at if we could get through some of the very tribal differences that we are expressing today. There are three questions to ask in this debate: first, should we reform the Lords; secondly, if we should reform the Lords, what should be the nature of the reform; and thirdly, should that reform be subject to a referendum of the British people?
I came into this House in 1997 on the back of a very important Labour manifesto. We had been out of power for 18 years, and so important was that manifesto that we took the unprecedented step of putting it to every individual member of our party in a programme called “The Road to the Manifesto”. I think that my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) was in charge of that process. As well as saying that we would get rid of hereditary peers, we said that that would be the beginning of
“a process of reform to make the House of Lords more democratic and representative.”
Ever since I have been in this place we have, very slowly but very surely, inched towards a consensus on this. That has happened because the quality of our parliamentary democracy must be diminished by a second Chamber that is wholly dependent on privilege or patronage for its membership. Only two countries in the world have a bigger second chamber than first chamber—Burkina Faso and Kazakhstan. Incidentally, I doubt whether they can match the fact that in our House of Lords 54% of Members come from London and the south-east, only a fifth are women, and there are more Members aged over 90 than under 40, which is why my right hon. Friend the Member for Birkenhead (Mr Field) once said that it is a model of how to care for the elderly.
Jake Berry (Rossendale and Darwen) (Con)
Does the right hon. Gentleman think that the House of Lords as it currently stands is representative given that two thirds of its Members come from public schools?
Alan Johnson
It is a shame that that was said by a Government Member, but the hon. Gentleman makes a fundamental point about why Labour Members have sought reform—originally abolition, but then reform—of the other place. To me, I am afraid, it represents institutionalised snobbery.
I do not agree with Walter Bagehot’s comment that the cure for admiring the House of Lords is to go and look at it, but neither do I agree with the constant stream of self-regard that comes from those on the other side of Central Lobby about how it is the greatest, most expert revising chamber ever to be devised in the world. They have certainly been very expert at preserving the status quo. I am quite prepared to listen to and debate the very strong arguments for the status quo made by Members who, despite manifesto commitments, are perfectly entitled to come here and make that case. Incidentally, that is not the view of my right hon. Friend the Member for Derby South (Margaret Beckett), who believes in a unicameral system. However, the consensus that we have been inching towards says that the status quo is indefensible in a modern, 21st century democracy, and that view is reflected in the proposals in the Bill.
Mr MacNeil
Does the right hon. Gentleman ever feel that some of those voices arguing for the status quo are perhaps looking to their own jobs at some time in the future?
Alan Johnson
The hon. Gentleman tried to intervene on the right hon. and learned Member for Kensington (Sir Malcolm Rifkind), and now he has got his intervention on the record.
The first question is, “Do we need to reform the House of Lords?”, and the answer is, “Of course we do.” The second question is, “Are these the right reforms?” I think that they broadly are. I say that not because they are Clegg’s reforms, but because they are Cook’s reforms. One of my great heroes is the late, great Robin Cook. There was no greater parliamentarian and no greater defender of this place. As Leader of the House, he sent us through the voting Lobbies seven times. We voted against every option, from a fully elected to a fully appointed House of Lords. The option that nearly got through—it failed by only three votes—was an 80-20 split. Incidentally, the other place voted almost unanimously for a wholly appointed second Chamber.
After that, Robin Cook worked with the current Foreign Secretary, the current Leader of the House, the current Lord Chancellor and another great Labour parliamentarian, Tony Wright, the former Member for Cannock Chase, to develop the argument with the “Breaking the Deadlock” proposals of 2005. Those proposals are very similar to this Bill, and to various other attempts, such as that of the Public Accounts Committee and the White Paper published by my right hon. Friend the Member for Blackburn (Mr Straw) in 2008. The Labour Cabinet agreed to that paper, which incidentally involved a 50-50 split between elected and appointed Members.
In the end, Labour proposed a 100% elected House in the 2010 manifesto. As my right hon. Friend the Member for Tooting (Sadiq Khan) knows, because he was a member of the Cabinet at the time, we knew that we might have to concede an 80-20 split because anyone who is serious about pursuing House of Lords reform does not want to take on the disestablishment of the Church of England at the same time, because that is a recipe for permanent procrastination.
“Breaking the Deadlock” said that there should be single terms covering three election periods, as did the royal commission under Wakeham in the late ’90s and as have various other documents. It said that Members would be elected by proportional representation, as did our election manifesto in 2010. The reason for that is to keep the primacy of the Commons. When a large proportion of the second Chamber is elected, we need to ensure that they do not seek ministerial office, that they are not after a career and that they will not be difficult with elected local MPs and seek to replace them. That is why everybody who has looked at this matter in any depth has come to the conclusion that there should be long, single terms with no further right to stand again.
All of the current proposals are right. I should probably say that they are nearly right before I get into trouble with the Whips—there are obviously some improvements that can be made in Committee. However, to get a consensus and to take advantage of what is an unprecedented opportunity to do something about this issue, as the hon. Member for Caithness, Sutherland and Easter Ross said, I believe that a referendum of the British people is needed. I ask those on the Treasury Bench to consider that. To have legitimacy, the proposals have to be approved by the public. We can then ensure that they are implemented in full.
Mrs Eleanor Laing (Epping Forest) (Con)
It is a great pleasure to follow the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson). Although I disagree with a lot of what he says, I have respect for the way in which he says it. I certainly agree with his last point about a referendum.
There is wide agreement in this House and in the other place that we want reform of the second Chamber. Sadly, the Bill before us is standing in the way of measured, necessary reform. If only we had a small Bill that proposed to do what we all know needs to be done, we could get on with it. But we cannot, because the Bill is fundamentally flawed. It undermines democracy in three specific ways: first, it damages accountability; secondly, it has not been subject to proper consultation; and thirdly, it ignores the will of the people.
First, a person who is elected for a 15-year, non-renewable term of office is accountable to nobody.
Duncan Hames
How would the accountability of the Members of the House of Lords be achieved under the proposals that the hon. Lady would support?
Mrs Laing
I do not know what proposals I would support for the House of Lords, because we have not had proper consultation or proper consideration of what ought to be done. I believe that we ought to have a constitutional convention to consider the reform of Parliament as a whole. Once we have done that properly, I will be happy to give the hon. Gentleman my answer.
Worse still on the matter of accountability, a body of people who, having been elected, claim to have a democratic mandate, will behave as though they had one. There will be no stopping them. They will flex their democratic muscles and challenge this House of Commons. No matter what any Bill or any convention says, they will challenge the primacy of this House.
Bob Stewart (Beckenham) (Con)
When these people are elected to the House of Lords, or the House of senators, or the second Chamber, they will be elected by millions. They will therefore say, “Millions of our people have put me here, so I have a better democratic right than MPs to speak for them.” That will mean a challenge to this Chamber.
Oliver Heald (North East Hertfordshire) (Con)
Does my hon. Friend agree that the challenge will be not just here in the Chamber but in every marginal constituency? That is what happens in Australia, where they have the system in question. The equivalent of a Liberal Democrat Senator in a Conservative seat becomes that area’s parliamentary representative, and so it is in every marginal constituency.
Mrs Laing
My hon. Friend is absolutely right. The Joint Committee took evidence from the Australian Parliament, and Members ought to look at that evidence and pay heed to Australia before giving away our primacy.
The most worrying thing of all is that as the primacy of the House of Commons is challenged, the unique link of accountability between the elector and his or her representative in Parliament—their Member of this House —will be undermined, so Parliament’s very accountability will be undermined as well.
Quite apart from the fact that there is no reasonable question to which the right answer is 450 extra elected politicians, having a second House of Commons at the other end of the corridor will not increase the chances of holding the Government to account. It will do exactly the opposite. A clash between the two Houses and a squabble over when and whether the Parliament Acts could be used will lead to a challenge in the courts, and I for one do not want vital political issues to be decided not by Parliament but by the judiciary. Our electors expect us to take responsibility, and they expect the buck to stop with us, their MPs. We ought to fight to preserve that.
I turn to the matter of consultation. The subject of Lords reform may have been talked about for 100 years, but we are not considering it in a proper, wider context. Reform of one part of Parliament is reform of Parliament as a whole, but we have been able to consider only the narrow proposals that the Deputy Prime Minister has put forward. I sat on the Joint Committee for eight months, and we recommended a constitutional convention so that the subject could be properly examined in context. The Government have ignored that recommendation, and now we face the possibility that we might not even be able to examine the Bill fully here in the House of Commons because of a narrow programme motion. At the same time, the Government are afraid of a referendum. They are afraid to ask the people. No constitutional convention, no referendum, no proper scrutiny in the House of Commons—that is not democracy.
Mr MacNeil
May I do a cursory self-interest check? Will the hon. Lady rule herself out now of ever taking a seat in an unreformed second Chamber?
Mrs Laing
No, I will not rule that out—not that I ever expect to be offered a seat, and certainly not by my hon. Friends on the Front Bench. I am probably not the most popular Smartie in the tube today, but I do not care about that: I am here to do my duty for democracy.
The Bill ignores the will of the people. Only one year ago, we had an expensive nationwide referendum in which the people overwhelmingly rejected a proportional representation voting system. The Deputy Prime Minister now ignores the will of the people. PR for this House was rejected, so he says, “Let’s introduce it for the other place.” What contempt! What duplicity! Why does he do it? The answer to that non-rhetorical question is that a proportional election system will give the Liberal Democrats a permanent hold on the balance of power in the second Chamber. That is not democracy; it is blatant party political advantage. It is short term and small-minded, and I certainly cannot vote for it.
There is very much more to say on this subject, and I hope the House votes to give all the time necessary for proper scrutiny of such fundamental parliamentary reform.
Mr Deputy Speaker (Mr Nigel Evans)
Order. I remind hon. Members not to approach the Chair to find out when they will speak, as Mr Speaker has indicated. We will try to get in as many hon. Members as we can.
Mr Graham Allen (Nottingham North) (Lab)
The most fundamental principle of any democracy is that those who exercise political power over us must be elected by us, yet everywhere in the UK it is evident that the long march to extend the franchise has a long way to go. The most powerful and influential in our society are not directly elected—the media, the bankers and the civil service. Even the chief executive of our Government is not directly elected. We are still one of the few western democracies in which the people are not trusted to elect directly their Prime Minister—the top politician in the land. Our problem is not too much democracy, but not enough democracy.
Elections are almost a guarantee of powerlessness. Anyone contaminated by contact with the ballot box is edged around by regulation, oversight and rules that dull our enterprise and inhibit our leadership. For example, locally elected councillors are bound by 1,500 Acts of Parliament, which render them as little more than agents of the centre. Elected Members of Parliament have a fleeting existence as an electoral college on general election night, but thereafter are laughably alleged to hold to account the very Executive that whips them to vote for them several times a day, every day, every week.
Mr Allen
I very much hope that Government Members exercise their independence in pursuit of parliamentary sovereignty and a wider democracy rather than in pursuit of any special interest—I am sure that will happen.
In all those areas, reform is a relatively simple matter, but the most centralised state of all western democracies is blocking the way—the sclerotic relic of an empire, with England as the last country to throw off its yoke. The regime is so suffocating and so clueless about the alternatives that some of our blood relatives in the nations of our kingdom feel driven to break free of it.
There is an alternative, as there always has been, and as the best elements of the philosophies of the Labour, Conservative and Liberal parties have always known and for which they have always fought: the ballot box. No one, and above all hon. Members, needs to be afraid of the ballot box or of spreading electoral possibility. The ballot box is the weapon feared most not by those outside the House, but by Executive power, whether in the House or elsewhere. The vote can deliver devo-max not just for the nations of the UK, but for this Parliament and for locally elected councils, and above all for individuals in our country.
Today, we will see whether this elected House, this poor, whipped, dwarf of a legislator, can reconnect with its historic mission to extend the franchise, or whether we decide to pull up the drawbridge so that none can share our meagre status. Can we outgrow this fairytale of parliamentary sovereignty and our self-delusion about the primacy of the first Chamber? The cold, harsh reality is that we have Executive sovereignty and the primacy of Government. That is what dominates British politics, not some fairyland where Members of Parliament dominate the political scenario.
Mr Allen
My hon. Friend makes his point, but anyone looking objectively at this House would see two competing teams, one for the Government, the other against, and it is rare that there is rebellion or independence of mind, as he well knows.
We should not fear the liberty and the improvement of the second Chamber. It might actually be the making of the freedom of the first Chamber. It might be one step on the road to having a free and independent legislature that would challenge the power of the Executive.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
I wouldn’t hold your breath.
Mr Allen
My right hon. Friend, having been a strong member of a past Executive, knows where he is most powerful. Is he most powerful sitting on the Back Benches here, or was he most powerful when in Whitehall and commanding a Government Department? We could discuss how effective the scrutiny was that he went through.
To have an un-elected Chamber with a say in passing laws over our citizens is a democratic abomination. It is not a deficit, an anachronism or a quaint ceremonial corner; it is an insult to every elector in the land. It is hobbling and repressive. It says to our citizens, “You are not capable or worthy of deciding your own future, of deciding who should run your country.” It says that this country is about deference and patronage, about a lack of self-confidence and belief, and about insiders and those who know better. It is about our past, not our future. It is an open wound in the body of our democracy and it must be healed.
That wound can be healed only by introducing the elective principle to the second Chamber. That is what this generation of parliamentarians in both Houses can achieve over the next year, and it can be done without beheading those whose service in the second Chamber deserves our respect, not our abuse. For those of us who for 25 years or more have worked for reform, standing on the shoulders of a century of giants before us, these proposals are the most serious attempt yet to bring about a change in our democracy and bring it into the modern era. Their courage and ambition mock the flaccid indecision of recent years.
Are the proposals perfect? No, of course not. Only the 650 different plans in the minds of each hon. Member are perfect, but that is why, theoretically at least, we have a parliamentary process. There is a—
Mr Graham Brady (Altrincham and Sale West) (Con)
I am delighted to follow the Chairman of the Political and Constitutional Reform Committee. I share much of his analysis but arrive at the opposite conclusion.
The Deputy Prime Minister builds his case on three broad themes. First, there is his claim about the manifesto commitments. It is clear, however, that the Conservative manifesto contained no commitment to legislate—the Prime Minister famously described it as a third-term issue. Regardless, however, I would urge my hon. Friends to think carefully about their responsibilities as Members of this House. We are not delegates sent here to nod through whatever our parties ask, but representatives sent here to exercise our judgment in the public interest.
I would also like to reflect on the case for a referendum. If it were true, as the Deputy Prime Minister said, that all the major parties promised the Bill at the general election, then contrary to the assertions of the Ministers, the public were presented with no choice at the general election, so the case for a referendum on such major constitutional change is compelling.
Alison Seabeck
The hon. Gentleman is giving a thoughtful speech, as have other Members. If it is possible to have a referendum in a local authority—for instance, on something to do with council tax—surely it is absolutely right, on an issue as significant as this, that the British public should be offered the same choice.
Mr Brady
The hon. Lady is absolutely right. The case is compelling. Ministers really cannot have it both ways.
Much of what has been said about the Bill, however, concerns not party commitments but calculations of party advantage. We spend too much time here pursuing party advantage. To do so in changing our constitution would be not just wrong but contemptible.
Let me turn to the other parts of the Deputy Prime Minister’s case—the points of principle on which I hope the House will judge any proposal to effect a massive change in our constitutional arrangements. These are whether reform is needed and the argument that there is an absolute principle that those who legislate for the people should be chosen by the people. There has been an effort to paint opposition to the Bill as reactionary opposition to any change. Nothing could be further from the truth. Few on either side of this House or in the other House would dispute the need for reform. The Lords is too big and it needs a route to retirement. It also needs a means of removing those found guilty of serious crimes. All this, as my hon. Friend the Member for Epping Forest (Mrs Laing) said, could be enacted with little dissent here or in the other place. However, desirable as reforming the Lords may be, I would contend that reforming the Lords without reforming this House would be to miss the point.
The public are not stupid: they know where power is located in our Parliament. They know that it is in this House and not the other. People certainly dislike politicians who break promises or who seem interested more in seeking or holding on to office than in serving the public good, but this is seen as a failing in the House of Commons far more than in the House of Lords. People notice that this House is poor at holding the Government to account. They see that we make only a desultory effort at scrutinising legislation—although I trust that this Bill will be an exception. People see the damaging effects of patronage—against which Lord Ashdown railed in the weekend press—but they know that patronage is a greater impediment to the freedom of this House than it is to that of the Lords. We are agreed that the House of Lords needs reforming, but reforming the Lords while flunking the far more important task of strengthening the Commons would be profoundly mistaken.
Simon Hughes (Bermondsey and Old Southwark) (LD)
The hon. Gentleman will know that the coalition agreement is clear that we need to work to reform the effectiveness of this place, but is he clear that he appears to be proposing that we should end up with a second legislative Chamber that is slightly altered, but all of whose Members are appointed? Is that really justifiable in 2012?
Mr Brady
The right hon. Gentleman should be patient.
Let me turn to the most important pillar of the Deputy Prime Minister’s case: that those who legislate for the people should be chosen by the people. Many of the opponents of the Bill, on both sides of the House, reject that. They rightly point to the expertise of the upper House. They highlight the obvious truth that an elected or part-elected upper House would be more inclined to challenge the primacy of the House of Commons. I accept both assertions, but unlike many of my hon. Friends, I would support an elected upper House in spite of them. However, that is not what the Bill delivers. We do not have time today to analyse the strengths and weaknesses of the United States constitution. There can certainly be gridlock between the Houses in the United States, but the legislation it produces is at least as effective as ours, and Congress is certainly far better able to hold the Executive to account than we are. However, is the Bill before us today one that would excite Benjamin Franklin or Thomas Paine? Is it a great clarion call for government of the people, by the people? It is not.
Mr Brady
No, I cannot give way again.
Let us look at the reality of the Bill and some of the reasons why it should be rejected by any true advocate of reform. Even if the Bill were enacted unamended and even if all the electoral cycles it envisages were allowed to take place and the reformed House foreshadowed by the Bill were implemented in full, we would have a bizarre and opaque arrangement—a House of indeterminate size, with an unknown number of Members appointed as Ministers by prime ministerial patronage; an appointments commission for the unelected Members responsible for vetting appointees for propriety, but not if they were appointed as Ministers; and a number of bishops, as has already been said.
Instead of a simple, transparent democratic process, the Bill proposes an absurdly complex hybrid assembly: elections by not one but two different systems of proportional representation; and party lists to help to maintain the central powers of the political parties over who will sit in the newly constituted Chamber. Far from the high principle of an elected Chamber, we have a ridiculous fudge, justified by the Deputy Prime Minister as a gradual move towards a wholly elected Senate, although he, like the Prime Minister on previous occasions, has suggested with a nod and a wink that the second and third cycles may never happen, and that that will be open to this House or indeed to the public in a referendum to decide.
As an advocate both of reforming the Lords and of introducing more democracy to our institutions, I shall oppose this appalling Bill because if those are its aims, I believe it will fail utterly to achieve them. The Bill fails to address the real problem in our democracy—a Commons that is so greatly dominated by the Government that it fails to perform its core functions of holding Ministers to account and of scrutinising legislation effectively. I urge the House to vote against a Bill that is complex where it should be simple, that preserves patronage instead of providing real democracy, and that yet again allows this House to avoid confronting the truth about its own shortcomings.
Mr Peter Hain (Neath) (Lab)
Despite his eloquence, I disagree with most of what the hon. Member for Altrincham and Sale West (Mr Brady) said. There are two issues that I wish to address from the outset. The first is the charge that now is not the right time. It never is the right time to introduce constitutional reform. That is the dreary, weary excuse that anti-reformers use over and over again. It was used about devolution and almost every other constitutional reform brought in by the last Labour Government whom I was proud to serve. What if great reformers over the years had decided that it was not the right time? What if Aneurin Bevan had said, “I have this really good idea for a national health service, but the country is broke and we are probably going to lose the next election, so it is not the right time”? What if the suffragettes had said, “We’d really like the right to vote, but there is so much else going on at the moment; let’s leave it to the men for a few more years”?
Secondly, if any of us had been starting from scratch and designing a second Chamber for a new, modern democracy, it is inconceivable that any of us would have come up with the House of Lords in its present incarnation. Of course we would not have done so; the very idea is risible. The truth is the House of Lords is an anachronism, and we all know it. Yes, it performs a valuable scrutinising and revising role. Yes, it demonstrates a diligence often superior to that of the Commons. When I was a Minister appearing before a Lords Parliamentary Committee, the standard of questioning was often more stringent and, I regret to say, its members often better informed than those in the Commons. There is, however, absolutely no reason why that standard of performance could not be maintained, possibly even exceeded, by a democratic second Chamber with new blood and new expertise. This is not about a personnel change; it is about accountability and democracy.
In any case, the fact that the House of Lords performs a valuable role is no reason to maintain it in its current constitutional form. It is a democratic farce, an arbitrary mixture of a majority deriving their place from patronage and a minority deriving it from titles inherited from a liaison with a royal, centuries ago. It is a hangover from pre-democracy days, a constitutional dinosaur.
Labour has a proud record, going back to our first Labour leader, Keir Hardie, of demanding a democratic second Chamber. If we do not take this opportunity now, through this Bill, to ensure that we have a democratically constituted second Chamber, we will be throwing away that opportunity—if not for ever, certainly for this generation. It is a “now or maybe never” decision.
We will try to amend the Bill. For instance, I am a supporter of the reformed democratic second Chamber having a “secondary” not a “primary” mandate. That principle, eloquently enunciated by Billy Bragg, will help to address the crucial issue of the primacy of the Commons. I am not in favour of electors having two votes—one for MPs, one for Lords—as there should be just one vote: for MPs. This House should continue to have the primary representative mandate from our constituents. Parliament should consist of MPs with legislative primacy by virtue of their primary mandate, with peers discharging their important revising, scrutinising role by virtue of their democratic but secondary mandate. That is an issue for Committee; for now, we have a duty to give the Bill a Second Reading.
Oliver Heald
Is the right hon. Gentleman aware that the Joint Committee, which examined at the draft Bill, suggested that the Government should have another look at forms of indirect election that preserve the supremacy of this House while still giving a democratic legitimacy to the other place? Does he agree that looking again at some of those ideas would be well worth while?
Mr Hain
I do if the hon. Gentleman means by that the secondary mandate.
I remind the House that the last time the Commons voted on a very similar proposition to that put forward by the Deputy Prime Minister—the one put by my right hon. Friend the Member for Blackburn (Mr Straw) in March 2007—it voted decisively for an elected Chamber. A 100% elected Chamber was favoured by 337 votes to 224, and an 80% elected one by 305 votes to 267. Surely this House of Commons, with hundreds of younger MPs of a new generation, is not going to backtrack on that vote? With new MPs of a new generation, we should be increasing the majority for reform.
One of our greatest parliamentarians, Robin Cook, told the House on 4 Feb 2003 that there was a real possibility of House of Lords reform becoming a parliamentary equivalent of “Waiting for Godot”:
“it never arrives and some have become rather doubtful whether it even exists, but we sit around talking about it year after year.”—[Official Report, 4 February 2003; Vol. 399, c. 152.]
For the very first time, all three parties have a manifesto mandate for Lords reform. To betray that mandate would be to betray trust even more. This House has a once in a political lifetime opportunity to bring down the curtain on what must rank as the longest political gridlock in the history of parliamentary democracy. It is high time we resolved this once and for all, and brought our democracy fully into the 21st century by an historic decision for a democratic second Chamber.
Mike Gapes (Ilford South) (Lab/Co-op)
In response to an earlier intervention, my right hon. Friend referred to indirect elections. Would it not be sensible, and would it not have been sensible over the last 10 years, to have seriously considered the alternative approach, as in India, of having an indirectly elected second Chamber with a small composition to reflect the regions and nations of this country rather than bring in a party-list PR model of regional election?
Mr Hain
I am not sure that I agree with my hon. Friend. What I favour is different proportions of party votes given to MPs then going into a regional pool, as the Bill envisages in its proposal for second votes to determine the numbers of party representatives in the second Chamber, subject to the specified transitional arrangements. This closed list mechanism is not one used in European, Welsh or Scottish elections, which quite properly have open lists, but it is not appropriate, in my view, for elections in which voters elect primary legislators in Europe, Wales and Scotland. However, a new democratic second Chamber would be unique among our institutions because a direct mandate from voters would compromise the primacy of the Commons. That is my view. If I win that argument in Committee, so be it. I hope to do so, but I will still vote for the Bill because it is vital to get it out of the House of Commons in good order so that it goes to the House of Lords. That is essential.
Mr John Leech (Manchester, Withington) (LD)
I think the right hon. Gentleman has talked a lot of sense, but does he not accept that if Opposition Members vote against the programme motion, it would seriously jeopardise Lords reform and our ability to get it through?
Mr Hain
No, I do not. I am glad I took that intervention. I am a former business manager, as I used to be Leader of the House, and I say that if a Government with this majority want to get this Bill through, they will get it through—with or without a programme motion. When we were in government, and we introduced the system of programme motions, I cannot recall off hand—there might be examples, but they would have to be searched for—either Liberal Democrats or Conservatives ever voting for them. They consistently voted against our programme motions—for honourable Opposition reasons —and I when I was Leader of the House the current Leader consistently opposed my arguments for programme motions when we were introducing new Bills. It is the duty of the Opposition to seek proper scrutiny of the Bill, which the programme motion does not allow. It is not our duty to provide extra time for the right-wing Bills that occupied the rest of the Queen’s Speech.
I shall vote enthusiastically for the Bill’s Second Reading, and will follow that up by supporting the Bill in principle at the end of its parliamentary stages. It is vital for it to leave the House of Commons and go to the House of Lords—and let battle then commence.
Oliver Heald (North East Hertfordshire) (Con)
At the time when the right hon. Member for Neath (Mr Hain) was Leader of the House, I was the shadow Leader who opposed all the motions that he tabled. I do not remember agreeing with him very often, but I think that he said something important today when he talked of the secondary mandate system, the vital need to ensure that this place retains primacy, and the need for effective government.
My concerns about the proposals in the Bill relate to the central provision allowing the election of senators, or representatives, for the regions. In future, instead of the simple constituency link that we have at present, with one parliamentary representative being elected for each area, there will be a number of senators. In marginal seats a parliamentary representative for the Conservatives may be elected to this House, and a parliamentary representative for the Liberal Democrats may be elected to the senate. I see that the hon. Member for Cambridge (Dr Huppert) is looking at me. In a three-way marginal such as the seat that he represents, there will be three surgeries every week.
Dr Julian Huppert (Cambridge) (LD)
I am grateful to the hon. Gentleman for giving way as he chose to name me. Let me say that I am not sure it is a three-way marginal, although I suspect that my constituents would be delighted to hear more.
Does the hon. Gentleman accept that what he has described is very similar to what happens now? There are extra representatives in Scotland, Wales and Northern Ireland, in the European Parliament and on councils. Giving the people a say in the composition of the other House merely means that they will be able to exercise some direct influence, which does not happen when Members are appointed through patronage.
Oliver Heald
What is happening is the creation of a culture of the multi-Member constituency. An individual constituent will be able to choose whether to go to the Liberal Democrat, the Conservative or the Labour representative in Parliament, and I do not believe that that is good for our country. I believe that it is important for a Member of Parliament to represent all his constituents, and for the constituents to know where to go when they need help or want to raise an issue. That is good for them, and it is good for us.
Anna Soubry (Broxtowe) (Con)
Although I support the Bill, as a Member representing one of the most marginal seats in the House—my majority is 389—I think that my hon. Friend is making an extremely important point which must be considered. I can imagine how, had I been elected under the proposed system in the last election, my Labour or Liberal Democrat opponent would have sought to undermine my position by claiming that he or she had a mandate equal to mine.
Oliver Heald
My hon. Friend is right to be concerned about that.
The Joint Committee took evidence from Australian senators. The Australian system is similar to that proposed in the Bill. Senator Ursula Stephens from the governing Labour party told us:
“I am allocated a number of seats that are not held by the Government in the lower House in my state. I look after those constituents who do not have a government representative. Those people might come to me about issues and legislation.”
Senator Lee Rhiannon from the Australian Greens said:
“we have nine Senators and only one Member in the House of Representatives. The issue of working with constituents is very important for us and it takes up quite a bit of time.”
Senator Michael Ronaldson of the Opposition Liberal Party said:
“I do not think that you can make the assumption that you will not be engaged in constituency-type work, particularly if the elected Lords in an area—as Senator Stephens said—come from the other party. If you are a Member of the non-ruling party, the Lords might find that they have more people knocking on their doors than they might otherwise have anticipated.”
When the Clerk of the House gave evidence, he spoke of the danger of “constituency case tourism”. We must try to avoid such constituency conflicts.
Simon Hughes
I share my hon. Friend’s concern. That is a real issue, and I think it will have to be addressed if we proceed with the Bill. There are ways in which it could be dealt with: for example, it could be agreed that Ministers would deal only with Members of the House of Commons when it came to constituency casework.
Oliver Heald
That issue is not addressed in the Bill.
I mentioned the Clerk of the House a moment ago, and he has appeared on cue!
The power of the people is in this House, not at the other end of the building. That is why, when we are arguing with the Lords about a Bill, they always give way eventually. When I was a Whip, I went down there and had discussions with them, as many other Members will have done. In the end, they say, “You are the elected House; you have your way.” I recall hardly any occasions during my time here when, in the end, they have not caved in, because we are the elected House.
I believe in efficient and effective government. I think that it is something the Conservative party has stood for over the years. We have given this country more than 250 years of good government—or, at least, we have given a lot of it during that period. [Laughter.] I remember the hon. Member for Nottingham North (Mr Allen) saying “It must be healed.” I agree: it must be Heald.
Following the proposed changes, we will struggle to have effective government. The Parliament Acts cannot be used on every occasion. It is a nuclear option. We rely on the Lords’ giving way, but the fact is that without conventions and arrangements between the Houses —some means of ensuring that we always prevail in the end—it will be more difficult to ensure that we have effective government in this country. When a party makes promises in its manifesto, it will not be able to deliver on them. When we experience a crisis, as we have recently, it will be difficult to introduce urgent measures with the necessary speed.
Let me make a suggestion. It is in the Joint Committee report, the alternative report and in my pamphlet, which can be read on the website of the Society of Conservative Lawyers. Let us see whether we can avoid regional elections which provide a geographical power base, which would mean the people at the other end of the building representing a group of constituents from an area. Let us consider indirect election. There are various different models. My right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) mentioned the German model, and the right hon. Member for Neath mentioned the secondary mandate model. There are ways of doing this.
I support reform and I think that we should do it, but I do not agree with the Bill, and I believe that it needs to be looked at again.
Hazel Blears (Salford and Eccles) (Lab)
I was in two minds about applying to speak in the debate, and I remain deeply conflicted. That is partly because I honestly believe that taking an immense amount of time to debate the Bill is a distraction from some of the very real problems that face the country. With a million young people out of work, with families struggling to make ends meet and with one of the worst recessions that we have ever known, I feel that we would use the House’s time better not just in debating those subjects, but in debating action to tackle them.
It also worries me, although I understand the reasons for it, that we have spent the last six months talking about Leveson and the public inquiry into the press—we have had six months of politicians talking about journalists —and now we are to have a further nine months of politicians talking about politicians. If anything is a bigger turn-off for the people of this country, I do not know what it is.
Hazel Blears
I can tell the hon. Gentleman that when I said that I was in two minds about the Bill, I meant that while one part of me says that it is a distraction, the other part says that it is one of the most cynical deceptions to be inflicted on the people of this country, for deeply partisan reasons.
The people who are promoting this Bill, supposedly in the name of democracy, are using the language of high moral purpose, but, as the hon. Member for Epping Forest (Mrs Laing) said, the Bill is really motivated by partisan low politics designed for party advantage. I have therefore decided to vote against the programme motion, in order to give the Bill as much scrutiny as possible. I am sick and tired of the people promoting this Bill painting those of us who have genuine objections to it as reactionary—diehards, dinosaurs, opposed to reform. I say to them that nothing could be further from the truth. I am utterly opposed to privilege. The last time we voted on these issues I voted to abolish the House of Lords. If I had that option now, I would vote for it again. I believe we could have a unicameral system with much more pre-legislative scrutiny and experts involved. The primacy of this elected House of Commons to our constituents is the top priority for me.
Dr Julian Lewis (New Forest East) (Con)
The Liberal Democrats currently hold the balance of power in this Chamber, and it has been suggested that if the programme motion is not passed tomorrow and if the Bill does not pass, Liberal Democrat Members will vote against the boundary changes. [Interruption.] I am glad to hear them saying that that is the case. Does the right hon. Lady agree that that illustrates what they would do if they were to hold the balance of power in the upper House? They would hold Parliament to ransom over every issue that suited them.
Hazel Blears
As ever, the hon. Gentleman makes a point that goes to the heart of this debate. I have included comments in my speech about squalid partisan back-room deals.
I have the utmost respect for my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), and he made an excellent speech today. If he were still present in the Chamber, however, I would ask him this question: he is a proponent of democracy, but what is democratic about a 15-year term? The Chartists have a very proud history in my constituency of Salford, with 250,000 people demonstrating for universal suffrage. They wanted annual Parliaments. They have never achieved that, but 15-year terms are the antithesis of anything that could be called democratic.
What is democratic about regional party lists, too? There has been a lot of talk today about patronage, which is how people find their way into the House of Lords at present. Patronage under regional party lists would be many times worse than that. We should consider the situation in other countries. Some 90% of the Members of Parliament in Spain live within 50 miles of Madrid because they know their position is dependent on the patronage of a central party. Our Parliament is already too London-centric, but that would be exacerbated.
Hazel Blears
I do not have time to give way.
I believe that one of the biggest problems facing this country and our democracy is the growth of a political elite—a political class—and the consequent disaffection of voters. This year’s Hansard Society annual audit of political engagement makes very sad reading. It says:
“The growing sense of indifference to politics highlighted in the last Audit report appears to have hardened into something more serious this year: the trends in indicators such as interest, knowledge, certainty to vote and satisfaction with the system of governing are downward, dramatically so in some instances”.
We have a problem in this House. In 1970, only 3% of MPs said they had come into Parliament through a political adviser or special adviser route. At the last election, that figure had risen to 25%. That constitutes a political elite.
We must not for one moment think that if we have an elected second Chamber, we will get an influx of young, vibrant, democratic people from all walks of life. Some 40% of the Members of the US Senate are former politicians. Some 76% of Members of the Australian Senate have previously worked for political parties. They are staffers—they are people on the inside. How are we going to combat the problem of having a political elite if there is no place for independents?
Hazel Blears
I am sorry, but I have given way twice and I shall now press on.
If we accept this dreadful proposal before us, may I make a couple of practical pleas? First, we must require candidates to live in the areas they represent—not to have an address of convenience there so that they can live in London and travel up every so often. We have done that with police commissioners, and we can do it with the second Chamber. Secondly, I want the second Chamber to take its work out across the country. If we simply have a replica of our Chamber, we will have no chance of combating political disaffection. The second Chamber could go out, take evidence, and have sessions out in the country. My noble Friend Lord Adonis has suggested that it be based at Salford quays. I am not necessarily making a plea for that today, but this is a serious point. If we have a second Chamber, we must change the way in which it works. We must make sure that, by analysing the functions, not the form, we end up with a Chamber that will not challenge the primacy of this House of Commons.
I want to say a word about the politics. I believe the proposals in this Bill are a deceit. They are expressed in the language of high moral purpose, but they are really about pretty low politics. I believe they are a Trojan horse for the Liberal Democrats to sustain power and influence, and permanently hold the balance of power in the second Chamber. The Liberal Democrat party cannot win enough first votes, so it relies on back-room secretive squalid deals to get its own way: the Liberal Democrats get proportional representation on closed lists, and the Conservative party gets boundary changes with the windfall of possibly 20 extra seats.
The alternative vote referendum showed what the British people really want. They want to elect a Government on a clear manifesto with clear policies, and for that Government to get on with governing the country. They do not want a party who got fewer MPs at the last election to end up having Cabinet Ministers who have no mandate to hold their post.
I believe that what we have here is people posturing as democrats and masquerading as champions of the people. They say one thing, but they do another; that sounds familiar to me. This is about self-interest, and what is being done is untrustworthy and unworthy of this country. I certainly will not vote for this Bill as it stands.
Harriett Baldwin (West Worcestershire) (Con)
It is a pleasure to follow the right hon. Member for Salford and Eccles (Hazel Blears). I found that I could agree with much of her speech—although certainly not all of it. That is also my view of this Bill: it is not a perfect Bill, but neither do I think the House of Lords is perfect. That is why I am more than happy to vote for the Bill on Second Reading, but I would not be prepared to support it in its current form on Third Reading.
I have mulled over the idea of a Committee of the whole House having 10 days to amend the Bill. Given all the other important work this Government also have to do, that may well be enough time for us to find consensus. Indeed, I am hearing a lot of agreement on some points. I think there is consensus that we must reduce the size of the second Chamber, for instance.
Geoffrey Clifton-Brown
My hon. Friend has obviously read the timetable motion as carefully as I have. Does she realise that it gives only two hours for Third Reading? As any votes will eat into that time, there may well not be a Third Reading vote on a Bill that is of such great constitutional importance.
Harriett Baldwin
We could oppose Third Reading, therefore, if we felt we had not achieved consensus in this House.
There is also consensus in this House that anyone who has been convicted of a serious crime should be kicked out. The cost of the second Chamber must be reduced, too. I am not convinced on this point; I will need quite a lot of convincing in respect of the Deputy Prime Minister’s earlier assertion that this proposal would be cost-neutral.
Jesse Norman
The cost figures have reached their current level only by the entirely illegitimate manoeuvre of including costs—such as costs of the Commons associated with the Lords—that have not yet been recognised in legislation, let alone achieved, as well as by ignoring the £85.7 million cost of five-yearly elections.
Harriett Baldwin
My hon. Friend makes some wise points, but it is unlikely that an elected Member of the second Chamber would be able to get by with only one member of staff, which is an assumption made in the costings. There are a number of questions about that issue, and I think we would all want the cost to be at least lower than it is now.
Let me deal with the contentious areas, where there might be more disagreement across the Floor of the House. I am strongly in favour of the bishops continuing their constitutional role in the second Chamber. They play a valuable and important role, and reflect the fact that we have an official Church of England role in our constitution.
Harriett Baldwin
I have given way twice, so unfortunately I do not have time to do so again.
On the question of what voting system we use, I am aware that the coalition agreement said that we would use proportional representation and that it has some attractions. Some of the things we like about the second Chamber at the moment, such as the fact that some distinguished former Members of this House have been appointed to it, could be continued were we to carry on with that voting system. I would fight for Baroness Thatcher to be top of any list that the Conservative party would field, so from that point of view there are some merits in the PR system. However, it is clear that in many countries where PR has been used it is an extremely unsatisfactory system. Israel elects its “Commons” on the basis of PR, which often ends up giving the balance of power to undesirable elements. I would have a significant concern about that.
I think we all agree that Cross Benchers play an extremely important role, and if I were to move in any direction from what is proposed, it would be to give an increased weight to them. However, I now wish to discuss something that has not been mentioned—the geographical problems of what is being proposed—and relate it to my private Member’s Bill in the last Session on the West Lothian question. In its current form, the Bill would clearly exacerbate problems with the West Lothian question. We have yet to see the report from the West Lothian commission, but I anticipate it in this Session of Parliament. A further look at how the upper House worked would clearly need to be taken because of the West Lothian question, so I throw out a proposal to colleagues: rather than have the much larger geographical constituencies proposed in the Bill, let us do away with the geographical link altogether and have national proportional weighting in the allocations in the upper House. Such an approach would completely sever the geographical link, which I know a lot of colleagues have expressed concerns about, and would solve the West Lothian question.
Harriett Baldwin
I have taken two interventions and have only a couple of minutes left. I want to allow many colleagues to contribute, so unfortunately I will not give way.
I wish to conclude by saying that I hope we can use the 10 days available to move forward constructively with the things the House agrees on. I hope that in this Session our proposals will carry the majority of the House, so that we can look back on this opportunity to reform the House of Lords and say that we did not fall into the temptation to filibuster and talk out the Bill, but were able to leave behind, for future Parliaments, a more reformed second Chamber.
Mr David Blunkett (Sheffield, Brightside and Hillsborough) (Lab)
I think that this afternoon we have established that the calumny that if someone is against this Bill they are against reform and modernisation has been laid to rest. It is absolutely clear that someone can be in favour of a very different second Chamber based on a very different franchise and be vehemently against what the Government propose in this Bill.
Secondly, I think that we have established that we genuinely need as much time as possible to debate this Bill. That has been shown by the variety of views expressed, including by those who are in favour of the Bill and will vote, at least in principle, for it tomorrow night. The views expressed this afternoon about the future of our constitution, the nature of our government, and the relationship between this Chamber and the second Chamber are so numerous that they demonstrate, if ever it needed demonstrating, that we need not only time to scrutinise the Bill properly, but the constitutional convention advocated by at least half the Joint Committee.
We need that constitutional convention for this reason: this afternoon we have had demonstrated a number of substantial constitutional changes introduced over the past 15 years, many of which have proved to be successful, but the idea of one fundamental constitutional change taken in isolation demonstrates that we do not have joined-up thinking in this country about where our constitution is going. We have, as the Deputy Prime Minister himself demonstrated this afternoon, the real danger of the break-up of the United Kingdom and the vote on the future of Scotland. We have the McKay commission on existing devolution. We have propositions on a written Bill of Rights. We have, undoubtedly, in the future a new relationship between the United Kingdom, in whatever guise, and the European Union and the eurozone. We also have a range of minor constitutional changes that have already happened. In those circumstances, taking the future of the second Chamber out of the equation and dealing with it separately does not make sense. Furthermore, and fundamentally, we have also had demonstrated this afternoon the fact that certain individuals on both sides of this House—those on my side and among Liberal Democrats—do see our constitution in different terms.
I have also learned this afternoon, although I really already knew this, that quite a lot of people do not understand the constitutions of other countries. I can only presume that those who have spoken—good Labour friends of mine—do understand what they are proposing when they suggest a system that would actually have the Executive outside Parliament rather than in it. My hon. Friend the Member for Nottingham North (Mr Allen) suggested that, and my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) came close to suggesting it. The Liberal Democrats—through the development of proportional representation; through the break with the single-Member constituency; through the advocacy, as is in this Bill, of being able to appoint Ministers who are not from or within Parliament, but who are from outside it and then do not have to be part of the Parliament; and through the criticism of the way in which the Government within Parliament do not allow for scrutiny—are demanding a debate, and it is one that we should have, about whether we should fundamentally change our constitution for the future. I am against that change; I believe that we should elect a Government. A clear mandate from the people for a Government is something people in this country have valued. We can do that only by the single-Member constituency, the electoral system we have and the Parliament to which we give primacy.
Hazel Blears
Does my right hon. Friend agree that the issue of single terms of 15 years goes right to the heart of accountability and democracy?
Mr Blunkett
That is at the heart of the criticism of this Bill. Once legitimacy is given to elected politicians without the accountability of their having to seek re-election and be re-elected, the very fundamentals of democracy are undermined. That is because, as I am on the record saying on the morning after the election, democracy is not simply about electing people; it is about being able to get rid of them. The admirable speech made at the Magna Carta lecture by the Archbishop of Canterbury on 15 June demonstrated that par excellence.
Simon Hughes
Does the right hon. Gentleman accept that nothing in this Bill suggests that Governments would not be formed on the simple principle of needing to command a majority in the House of Commons? That is as it has been and as it is, and there is no proposal that it should not continue in that way. If that is the case, the threat, and the suggestion he makes, that electing people to the other place would change that is entirely unsupported by anything in the Bill.
Mr Blunkett
I suggest that the right hon. Gentleman read the Bill, because it suggests, for the first time in our history, that Ministers can be appointed outwith the second Chamber but report to it. We have always had to appoint people to that Chamber, who have worked within it and have continued to be a part of it, if they were to be Ministers.
The fundamental rub I foresee is that we will create mistrust in the electorate. We will say that we are going to replace people who are unaccountable and not legitimate, but then we will put up regional party lists—in the case of Yorkshire, the region covers 5 million people—and simply tell electors to tick the box on the list. People will turn on us, because that is a delusion. That is why we should vote against the Bill and against the programme motion.
Mr Richard Shepherd (Aldridge-Brownhills) (Con)
It is a great pleasure to follow the former Home Secretary, the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), and to hear his views. Many interesting views have been expressed; clearly the House is well divided.
A former colleague in this House, the right hon. Tony Benn, would remind us of the story of when Mr Gandhi came to England and was asked by British reporters what he thought of democracy in England and he replied that he thought it would be a jolly good idea. That shows our conceit about ourselves and elsewhere, as we are not entirely democratic. Tony Benn also used to point out that the Crown resides not at the end of the Mall, but in Downing street. This House is an appointed House, in one way. The occupant of the Chair might not be directly chosen by Her Majesty, but is approved by her.
We have all sort of tangles in an ancient constitution and they are often difficult to reconcile, but my whole parliamentary career—although “career” is a rather grand word that might imply some sort of distinction—has been based on the quest for us to become a democratic nation in which everyone elected here speaks on behalf of someone. That is what causes me the difficulty with the Bill, and the Deputy Prime Minister did not answer my concern. I do not think that he feels democracy, and my disappointment is that, over the years, the Liberal Democrats have stood for democratic issues and have stood against guillotines—in fact, I voted many times with them—but since they went into coalition, that has all been tipped out. That is at the heart of my disillusionment about the intent of fine men who stand up and make bold promises.
I genuinely believe that people should just read the Bill. It is unconscionable to say that someone must stand for election, an idea on which the Deputy Prime Minister has based his Bill, but can never be accountable. We are reverting to the aristocracy of the 19th century, who were all Members of the House of Lords but could conduct their business from the south of France. Indeed, as I look towards my own possible retirement, I think I probably should go to the Lords. I do not know whether I have 15 years left—[Hon. Members: “Of course you have.”] No, I am not sure about that; we may be running out of time. It is an unconscionable idea, but how agreeable. Perhaps our bankers should all become Members of the House of Lords. They would not have to be here at all.
There are many flaws in the Bill. However much I might believe in the necessity of the affirmation and consent, rather than the casually given acquiescence, of the people, I cannot support it. As for the very idea that we can put everything to a referendum, I tried and struggled to get a referendum on Maastricht, which was absolutely impossible, but we can have referendums on whether I tie my laces or on whether to have an elected mayor for wherever. That is the contradiction in this whole farrago.
I say to my Liberal Democrat colleagues, those good souls sitting on the Benches in front of me who have been led to contradicting everything that they have stood for as long as I have been in this House, that they do not want elections to be held after people have been effectively shoo’d into the House of Lords. I cannot go for that. The constituencies are bigger than countries, so we will have 11 Members of Parliament, but who will they be representing? I do not know, and I do not think that it will work.
The Liberal Democrats cannot trust the Government or the people on this one and they want to introduce a voting system that is alien to the British people and that has been repudiated comprehensively. This process makes the House look ridiculous. We have crises facing us and this guillotine motion—we are back to them, despite the Leader of the House’s attestation otherwise—must be defeated. I urge Members, however they feel, to allow the proposals to be debated properly.
Graham Stringer (Blackley and Broughton) (Lab)
It is a pleasure and a privilege to follow the hon. Member for Aldridge-Brownhills (Mr Shepherd). I shall be in the Lobby with him to vote against the programme motion and against the Bill, as it is a bad Bill.
I am not one of those people who has great admiration for the House of Lords. I agree with Bagehot, who was quoted earlier, that one need only go along the corridor and look at it more often. It is not such a wonderful place, even though there are some excellent and extraordinarily capable people there.
I believe in democracy and in improving our constitution, but the proposals do not do that at all. They diminish democracy in this country by setting up a counter-Chamber at the other end of the corridor. The problem, which has been mentioned in many excellent speeches, is that we have an over-mighty Executive and that this House has not kept as many powers as it should have done to itself over the years. I have not heard one speech from the people in favour of the proposal that told us how they would prevent power from being taken away from this Chamber if the Bill were passed.
The Bill will not improve the accountability of the Executive but will set them free to do more of what they want to do while being less accountable. So, the first argument in favour of it, which is that it improves democracy, falls. The second supportive reason given by the Deputy Prime Minister was that all the other countries he could think of had an elected second Chamber, which, as right hon. and hon. Members have corrected him, turns out not to be 100% true. Even if it were true, virtually all the countries that have such a second Chamber have a written constitution to deal with precisely the matter covered by clause 2, which is primacy. With no written constitution and elections to the second House, we will lose the primacy of this House.
Mr Brian H. Donohoe (Central Ayrshire) (Lab)
Does my hon. Friend not also accept that right now one could argue that areas of this country, particularly Scotland, are over-governed as regards democracy?
Graham Stringer
I want to increase democracy where it is effective so that people feel that they are changing things, not being left behind and lost by politicians. As my right hon. Friend the Member for Salford and Eccles (Hazel Blears) said, the idea behind the genesis of the Bill is not the improvement of democracy but the improvement of the prospects of the Liberal Democrats, who are frightened of the prospect of democracy and the electorate at the next general election. What they are trying to secure in the Bill is proportional representation in the other place so that they can be in government for ever, but I do not see my job as coming to this House to put the Lib Dems in government for ever. To achieve that, they obviously have to introduce a system of PR, but just over 12 months ago the electorate said quite clearly that they did not want to move from first past the post, even though it was not PR that was put to them.
I must ask those who say that clause 2 will protect and provide security for the primacy of this House: how? There is only one legal basis for that primacy, and that is the Parliament Act, but we are not going to Parliament Act every Bill that comes through. All the other details such as the Salisbury convention and the convention on statutory instruments are just that—conventions. If I were elected to the other place, I would say, “The Salisbury convention no longer exists, because the basis of it was the fact that some people were elected and some were not.” If people in the other place are elected, they will have the right to say, “My electorate are as important as your electorate, and a great deal bigger, and I have been elected by millions of votes, so I will vote against what you in the House of Commons believe.”
It will be impossible to prevent freely elected people from doing that, particularly when they will never be accountable for anything because they will never go back to the electorate, and I see nothing apart from the Parliament Acts to prevent the other House from challenging the primacy of this House. That takes us back to the point made by the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) that the proposals will not affect the Government. Ministers may be appointed, but by blocking legislation they could do exactly what the Lib Dems are doing in this debate: blackmail whatever Government are in office so as to get their own way and get posts in the Government.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Before the right hon. Gentleman begins his intervention, I counsel him that those who persistently intervene may get dropped down the list. I hope that the House understands what will happen if there are continual interventions from the same Members.
Simon Hughes
I hope that the hon. Member for Blackley and Broughton (Graham Stringer) accepts that, at the moment, at the other end of the building there is clearly no party with an overall majority. Indeed, everybody is in a minority. He is worried about having one period only for election and no need for re-election, but what would his alternative be that would end patronage and heredity in the second Chamber, if it is not something like this Bill?
Graham Stringer
That is the easiest question I have ever been asked in this Chamber: I would abolish the other House, for the simple reason that, in the constitutional position that we are in, it is difficult to improve and democratise it without diminishing ourselves or having a written constitution.
Policies and manifestos have been mentioned a number of times. On the day after the general election, it was my view that all the parties had lost. The advantage of our system is that the core parts of manifestos are voted for. If a party becomes the Government, it gets the rest of its manifesto because it put that manifesto before people, but when none of the parties has won and there are three differing commitments on House of Lords reform—incidentally, none of those commitments is embodied in the Bill before us—it is difficult to understand how my Front Benchers or Front Benchers from other parties could say, “This Bill is legitimate to put before people and we have the will of the people behind us.” We simply do not have the will of the people behind us on those manifestos and the only answer—again, the Lib Dems are particularly frightened of the electorate—is to put the proposal to a referendum.
Jesse Norman (Hereford and South Herefordshire) (Con)
It is with a heavy heart that I speak to the Bill before the House. I am a reformer and I would welcome a well-crafted Lords reform Bill without election that reduced the size of the upper House, removed those who have committed serious criminal offences, improved the scrutiny of legislation, strengthened the appointments process, reduced political patronage, converted the hereditary peers to life peers, and separated the peerage as such from the legislature. Those measures would constitute a great reforming Bill and would, I suspect, pass through this House on a free vote. This Bill, however, is a hopeless mess.
Members of the House can properly differ on the merits of the underlying issues. What they cannot differ on are the flaws in the Bill itself. It is deeply confused and, indeed, dangerous legislation. It will prevent real reform. It will reduce diversity and deep expertise in our political system. It would be a catastrophe for this country if the Bill were ever enacted.
David Lloyd George famously referred to the House of Lords as Mr Balfour’s poodle, but if the Bill goes through we will have Mr Clegg’s lapdog—a Chamber full of elected party politicians.
There has also been an important failure of due process. The Government originally worked hard to establish a consensus on the Bill, but without success. The Joint Committee sat for longer than any in recent memory. Because of its internal disagreements, it was forced to put more issues to the vote than any recent Committee. It even produced an unprecedented minority report, signed by six Privy Counsellors, but the views of the Joint Committee have barely been heeded by the Government. Its key recommendations were that an issue of this constitutional magnitude required a referendum and that the crucial clause governing the relationship between Lords and Commons should be entirely rethought.
Those recommendations have been ignored or brushed aside. The result is that important matters have been introduced without any pre-legislative scrutiny. Those include a revised clause 2 on the relations between the Houses, and a party list voting system. Instead, the Government have treated the votes of a highly divided Committee as a consensus when they were nothing of the kind. The Government refused to allow the Committee to publish the costs of the draft Bill, and refused to schedule a debate on its report, as is normal practice. They have rushed to get the Bill into Parliament before the summer.
Jesse Norman
My hon. Friend makes a shrewd point very quickly and elegantly.
The Bill is being pushed through the Commons by the Government—before the summer, on a whipped vote and with a guillotined debate—but the central question concerns the likely constitutional crisis that will arise from the Bill, which will transform the Lords into a Chamber competing with the Commons. The result will be gridlock, cronyism and a rise in special-interest politics.
The US offers a useful cautionary tale. The American political system is manifestly struggling: beset by gridlock; vulnerable to powerful special interests, from the gun lobby to the American Association of Retired Persons; and its politicians elected by corporate lobbyists through political action committees, recently liberated by the Supreme Court from any spending constraints under the first amendment. The two Houses have repeatedly found it impossible to achieve consensus on important legislation. Pork-barrel has been replaced by stand-off. President Obama’s health care Bill is a classic example and it ended up in the Supreme Court.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Is not my hon. Friend adverting to the fundamental conundrum at the heart of the Government’s presentation of the Bill? On the one hand, they are arguing for a more legitimate House; on the other, they are arguing that there will be no change in the relationship between the two Houses. It does not add up.
Jesse Norman
My hon. Friend is exactly right. As my noble Friend Lord Forsyth put it, what would be the point of electing these people if not to give them more power? Exactly the same thing as has happened in the US will happen here. I refer my colleagues and Members across the House to Lord Pannick’s brilliant memorandum on the issue, which has been published this afternoon. Lord Pannick is widely regarded as one of the most excellent lawyers and advocates of his generation, and is specifically expert in the Parliament Acts. He is also precisely the kind of person who would never be willing to stand for election to a new Senate. In his words:
“The Bill does not adequately address the central issue of constitutional concern: the fact that a House of Lords most of whose members will be elected will almost certainly be much more assertive than the unelected House of Lords and reluctant to give way.”
Lord Pannick states that the Parliament Acts
“only relate to the end of the legislative process, and not the day-to-day conventions which (at present) result in the Lords giving way to the Commons. Indeed, the Parliament Acts do not apply at all to Bills introduced in the House of Lords or to subordinate legislation.
The crucial question is this: should the Bill seek to regulate all these matters, or leave them to convention? If it leaves them to convention, then the result will be disputes between the two competing chambers. If it regulates these issues, then the result will be that relations between the chambers become justiciable in law, as they did over the Hunting Act, which went all the way to the Supreme Court.”
Jesse Norman
I am grateful to the Minister for stating that he wishes to be impaled on the first horn of the dilemma: in the absence of regulation that would render the actions of the Houses justiciable, he wishes to impale himself on the horn of constant gridlock and competition between the two sides.
Lord Pannick concludes that
“the Government have, hitherto, failed to recognise the difficulty”—
failed to recognise the difficulty—
“and the importance of the constitutional issue arising from a decision to elect 80% of the House of Lords.”
Members of the House of Commons, Lord Pannick is no partisan, no party politician. His is quiet but devastating criticism. Perhaps the Minister can enlighten us about what external advice the Government took when they reformulated clause 2. We now know which of the two options he proposes to take, so I need not ask him. He proposes not to allow the judges in, but to leave future disputes between the two Houses to the conventions —and a thoroughly unsatisfactory compromise that is.
In politics, as in all else, timing is everything. That applies in particular to voting against one’s own Government for the first time, which is not something to be wasted on a small measure. Luckily, however, this Bill makes it very easy. There is a fundamental issue of constitutional principle at stake; the Bill is a hopeless mess; it is in no sense a piece of Conservative legislation; it lacks any genuine manifesto commitment; it proposes a new upper Chamber that will be less expert, less diverse and more expensive than the present one, let alone one after sensible reforms; and the issue is absolutely irrelevant to the overwhelming need to put out the fire in the economic engine room. I shall be voting against it and I would venture to suggest that the Bill is such that all MPs, Conservative or not, have a constitutional obligation to vote against it. Only thus can we rid our country of—
Ian Austin (Dudley North) (Lab)
It is a great pleasure to follow the hon. Member for Hereford and South Herefordshire (Jesse Norman), who, if the proposals are passed, would end up being represented by the same regional list of senators as myself in Dudley—although how anyone could represent effectively both a rural community such as Hereford and a former industrial centre such as the black country is something we might ponder during the course of this debate.
I have always believed that the House of Lords should be reformed. It is clearly too big; it is indefensible that hereditary peers remain; and it is completely wrong that Members can fail to turn up for years and retain their membership, when they would be booted off a local authority if they failed to attend for six months. That said, however, there are major problems with the Government’s proposals.
First, the lesson of Scottish and Welsh devolution is that constitutional reform cannot be undertaken piecemeal. Those changes, which I supported, resulted in imbalances between Scotland and Wales and England and its regions, which have still not been resolved. The lesson is that a comprehensive and coherent view is needed of the relationship between the individual and the state, and of what powers should be exercised at national, regional and community level, before constitutional reform is undertaken.
Mr MacNeil
Are not the hysterics we are hearing in the House today reminiscent of the hysterics heard in 1979 about a Scottish Assembly, and in 1997 about a Scottish Parliament? There are hysterics only within these four walls, but when these things actually happen, the sky does not fall in.
Ian Austin
As I said, I supported the proposals for devolution, but I think the previous Government made a mistake in not undertaking them as part of a far-reaching, comprehensive and coherent view about the arrangements for governing Britain as a whole. Reform of the House of Lords needs to be properly thought through as part of a wider package of constitutional reforms to deal with the regional and national imbalances that are the result of stalled devolution.
For example, a renewed approach to regional government is needed. It is ironic that the Bill proposes that Members be elected from the English regions, which the Government have been doing all they can to abolish in all other respects. They claimed that the regions did not exist when they abolished the regional development agencies, regional spatial planning and all the rest. We have regional government in this country in the NHS, the police, planning, transport policy, housing and regeneration, but they are run by faceless civil servants in England, and by politicians in London, Scotland and Wales. I would prefer to have proper regional government and proper regional accountability for those powers and then to establish a revising second Chamber drawn from the regional assemblies.
The Government are proposing far-reaching reforms, which have huge implications for the way the country is run, and are doing so without a referendum. We had to have referendums for voting systems, for Scottish and Welsh devolution, for a regional assembly in the north-east and for directly elected mayors in some quite small cities, but the people of Britain will have no say in huge changes to their Parliament.
The central question is whether the House of Lords should be elected. I do not think it is possible to defend, as a point of principle, appointments and patronage. I am a democrat and I am in favour of devolving power to the people. That is one of the reasons I became interested in politics and got involved: I wanted to ensure that ordinary people have as much power as possible over the way the decisions that affect them in their daily lives are taken. Clearly, the current system is one of appointment, not election, but what we have to decide is whether the changes that the Government propose are appropriate and will do the job.
First, whatever the Government say, having an elected House of Lords will inevitably change the relationship between the two Houses. That is bound to happen. The Bill promises that this House will retain primacy, but simply asserting that and ensuring that it happens in practice are very different. It is not credible to say that nothing will change, when it is inevitable that people who have been elected will claim a democratic mandate and assert their authority. Secondly, there is no question but that elected Members of the second House will claim democratic legitimacy in our constituencies. That is bound to happen. In this debate and during the detailed scrutiny of the Bill that follows it, I want to see how the Government and this House will deal with those huge questions.
There are other issues we have to deal with. It is pretty clear that 400 new senators will bring huge additional costs. They will immediately demand the same level of resources, staff and offices and all the rest as we have, even though they will have no real constituency. Of those 400, the west midlands will have about 35 representatives elected from a regional list. Voters will have very little idea who they are voting for. I spent the weekend asking people in Dudley if they could name their MEPs. Michael Cashman and the other six west midlands MEPs do a good job, but the current system ensures that almost no one knows who their MEPs are. I take more than a passing interest in politics and I struggle to name all seven of them off the top of my head.
What I do know is that the introduction of a regional list system for those elections has resulted, to our great shame, in Britain being represented in the European Parliament, for the first time, by people standing for a racist and fascist party. It is pretty clear to me that if we go ahead with a similar system for a second Chamber, all sorts of cranks and extremists will get elected.
The idea of people being elected for a 15-year non-renewable term is appalling. One of the reasons that politicians work hard, particularly in marginal constituencies, is that we have to answer for our views and actions at the ballot box. The proposed system, which prevents people from being held to account for their actions by seeking re-election, appears to be based on the most appalling elitist view that listening to the public and taking their views into account is a bad thing.
Although I am in favour of democracy and elections, I shall be following this debate and the subsequent scrutiny of the Bill and amendments with great interest, to see whether the concerns I have expressed today can be dealt with.
Caroline Dinenage (Gosport) (Con)
I am grateful for the opportunity to contribute to the debate, although regretfully it is to express my opposition to the Bill. It is a pleasure to follow many of my hon. Friends who, despite their considerable loyalty to the Government, feel compelled to reject this piece of political vandalism. They have eloquently outlined the numerous faults in this ill-conceived Bill and I shall add briefly to their arguments.
The Bill contains rushed, illogical and poorly constructed proposals which bring no discernible benefit to Parliament or to the nation. I am struck by the arrogance of the Bill’s proponents who, neglecting the relative brevity of their place in the long history of Parliament, seek to force through a Bill with unknown consequences for the future governance of this country. Constitutional change stands apart from other legislative Acts, and to seek to limit the time spent debating such significant and irreversible change is an insult to this Parliament, and could be seen as an attempt by the Bill’s proponents to force through what they must know to be at best unjustified, and at worst indefensible, change.
Surely the supporters of the Bill have recognised the weaknesses of the arguments that they advance. They must acknowledge, for instance, as already mentioned on many occasions today, the fallacy of suggesting that senators elected for a single 15-year term, with no chance of re-election and no chance of entry to the Commons or of deselection, will be accountable to the electorate. Even hon. Members who passionately support the creation of a fully elected House of Lords must see that for the half-baked illogical muddle that it is, creating powerful and in reality unaccountable senators cloaked by the illusion of accountability.
In the light of the Bill’s multiple flaws, one has to wonder what motivates support for this reform. It would be of little credit to hon. Members, for instance, if a Bill of such scale and magnitude were to pass simply as some grubby trade-off for boundary reform. I hope Members across the House will act not on short-term interests, but with a mind to the enduring consequences of reform, for I strongly doubt that in years to come the creation of an expensive, unaccountable and constitutionally unbalanced House of senators will be seen as much of a legacy for this Parliament, and it is certainly one with which I would not wish to have my name associated.
I want to talk about what I believe would be lost if the Bill succeeds. I remember that one of the first events that I hosted in Parliament was as the newly elected Chair of the Navy group of the all-party group for the armed forces. Coming from a Navy family and a Navy constituency, I thought I was quite safe in my knowledge of the subject, until I realised that at that dinner I would be joined by three former Secretaries of State for Defence, two past Chiefs of the Defence Staff and a former First Sea Lord. I believe that 17 Lords previously held one or more of these roles and bring an incomparable level of knowledge and experience of our armed forces to the upper House.
That pattern is replicated throughout the Lords, with experts from medicine, law, diplomacy, MI5 and MI6, charities, business, the arts and many other fields. They bring an unparalleled wealth of expertise and experience, and as the Mayor of London said, despite what might be described as their more mature exterior, they bring a depth of wisdom that allows them to see even the most minor flaws in the legislation which it is, after all, their job to scrutinise line by line.
Conor Burns
My hon. Friend is making an incredibly powerful point about the difference between this place and the other place—that in the other place, in order to win the vote, one has to win the argument. That is not always the case in this Chamber.
Caroline Dinenage
My hon. Friend makes an excellent point. After speaking to many Members of the House of Lords, I know that most would not dream of putting themselves forward for election. After, in many cases, a lifetime of experience, working their way to reach the very top of their chosen field, why would they submit themselves to what is, in effect, a popularity contest? They will not, and their experience and knowledge will be irrevocably lost.
It is a great sadness to me that there seems to be a generation of MPs who have never worked in anything other than politics, yet who now presume to sweep aside people with decades of hard-earned experience in their chosen field, to replace them with party political favourites. As a Conservative and as a reformer, I acknowledge that the House of Lords is in need of change to cut down the size, to weed out the cheats and criminals, and to introduce a more independent process of selection, but all that can be done without recourse to this ill-conceived, unwelcome and damaging reform Bill. It is therefore with a heavy heart that I urge hon. Members to vote against the Government and to reject the Bill.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
It is a great pleasure to follow the hon. Member for Gosport (Caroline Dinenage). I am in the rather curious position of supporting the coalition Bill, in contrast to the hon. Lady. I am in favour of reform of the House of Lords. The tide of time—[Interruption.] No, I am in favour of it now, which is why I will vote for its Second Reading. The tide of time is in favour of democracy and we need to accept that.
Jacob Rees-Mogg (North East Somerset) (Con)
Mr Deputy Speaker, considering the interest that all three of us have, I wonder whether the hon. Gentleman has told his father about his view?
Tristram Hunt
I should declare an interest. My father sits in the House of Lords, as do the fathers of other Labour Members of Parliament. He, too, is in favour of reform of the House of Lords, and in favour of democracy in relation to it.
The tide of time is in favour of democracy. Many in the Chamber might find that an uncomfortable reality, but we cannot go around the world preaching democracy to developing and other nations without having that in the second Chamber. I entirely accept that legislative wisdom comes in many forms, and I acknowledge the expertise in the unelected second Chamber, as the hon. Member for Gosport suggested. That is why I am in favour of an 80% elected, 20% appointed upper House. My perfect model would be 75% elected, 25% appointed because when one drills down into the absolute expertise in the upper House, one would probably get to about 25%.
Rory Stewart
Does the hon. Gentleman agree that before it goes round preaching about democracy to the rest of the world, Britain should take the example of the rest of the world by not introducing major constitutional change without either a two-thirds vote or a referendum?
Tristram Hunt
I thank the hon. Gentleman for his intervention and I wholly agree; I shall come on to that. I am in favour of the referendum, as the Labour party rightly proposes, on this major piece of constitutional change.
I served on the Joint Committee, and a number of points emerged from our investigation. This is a serious, problematic reform, as the hon. Member for Hereford and South Herefordshire (Jesse Norman) suggested, throwing up detailed problems about the interrelationship between the Houses, the fundamental change to Parliament, the role of bishops and the established Church, and the dual mandate between the other place and this place. That is why we need proper, detailed investigation of the Bill. The programme motion will not allow for that. If the change is to last down the centuries, does it matter if we have another five, seven, eight, 10 or 15 days to look at it? If the Government are serious about major constitutional reform, they should allow us the time and space to consider it.
There is also, as the hon. Member for Penrith and The Border (Rory Stewart) suggested, the need for a referendum. We are beginning to move towards different forms of democracy, and whether we like it or not in this place, referendums play an increasingly powerful part in that. So if, as has been noted, we have had referendums on city Mayors and on voting systems, and we are having the farce of elections for police commissioners in the depths of November, why do we not have a referendum on a major piece of legislative change which will affect the governance of the entire country? It is right that the people have a say on that, as my hon. Friend the Member for Dudley North (Ian Austin) suggested.
The Bill contains numerous problems. The 15-year term is very difficult to accept as a democrat. Personally, I am in favour of two 10-year terms, but that throws up equal problems in terms of electioneering.
Dan Rogerson (North Cornwall) (LD)
Could the hon. Gentleman point to the occasion on which there was a referendum on removing the hereditary peers from the House of Lords, which one might concede was a big constitutional change?
Tristram Hunt
I think that removing the hereditary peers was so obvious a change that we did not need a referendum, but this is not an obvious change. There are major complexities, as we have just teased out, with regard to justiciability between the two Houses and composition. All sorts of questions need to be answered.
I also agree with the change from 300 to 450 Members, because I think that the initial proposal for a wholly professionalised and salaried body of 300 was incorrect. However, if Ministers think that the Independent Parliamentary Standards Authority will simply allow them to decide who is paid what, it is clear that they have not looked at the evidence its representatives gave to the Joint Committee on the draft House of Lords Reform Bill. I think that Ministers will find that IPSA will take a great deal more control of what happens to Members of the other place than they believe. I am in favour of keeping the bishops and the established Church, and the appointment of Ministers seems exactly right.
Chris Bryant
My hon. Friend is deliberately provoking me. Only this afternoon the Church of England decided that it cannot even decide when it will decide on whether to have women bishops. Surely we should at least say that the bishops are allowed to remain in the House of Lords only if there are to be women bishops.
Tristram Hunt
That might be a successful way through the current difficulties in the Synod, so my hon. Friend should put that forward.
There are of course an awful lot of reservations about the Bill. We have touched on the issue of justiciability between the Commons and the Lords, a point to which the hon. Member for Hereford and South Herefordshire also referred, and convention versus statute. It also seems to me that there is no reason why a democratically elected second Chamber will not intervene on Finance Bills. If they are elected by taxpayers, why should they not have their say on Finance Bills? We do not seem to have sorted out the conflict resolution procedures that will be needed between the Houses.
The bigger problem relates to what happens in Scotland. If there is a vote in favour of an independent Scotland, the entire premise of this Bill will be undone, because the role of the House of Lords will have to take on a far more federal nature with regard to the interrelationship between the kingdoms of the Crown under the Crown in Parliament in the House of Lords, but perhaps the timeline will allow for all that.
On a broader point, when there is major constitutional reform there is always fear of the unknown. The Second Reform Act was described as a leap in the dark, and Thomas Carlyle wrote lurid pamphlets about its consequences. Actually, it resulted in a strengthening of Parliament and of the democratic process. Britain did not fall apart, and the same was true of the Third Reform Act and votes for women. It comes down to whether we believe in the purifying effects of democracy. Do Members believe in what we on the Labour side used to call “the good old cause”, which goes right back to Lilburne, Rainsborough, Paine and all the rest? The Bill has many problems but, ultimately, if we believe in democracy we have to support it.
Steve Brine (Winchester) (Con)
It is a pleasure to follow the hon. Member for Stoke-on-Trent Central (Tristram Hunt). I listened carefully to the Deputy Prime Minister’s speech this afternoon—I listened dutifully and did not intervene. He seems to have become the Andy Murray of this House; he has gone from being a set up and at break point two years ago to being in deep trouble in the fourth set this afternoon. I suggest that part of the reason is that his arguments seem to centre on the point that we do not want to spend a huge amount of Government time on the Bill and just need to get on with it and get it through—we basically just need to agree with Nick. However, from what I have heard over the last few hours, very few of the Members who have spoken so far seem to agree with Nick, but there is still time and, of course, there is tomorrow.
Many Members have said that the Government should not be spending time on this issue right now and that no one cares about Lords reform, but I do not entirely agree. Governments multi-task all the time, so the Bill takes its place alongside many others, and that is the choice of Ministers this time. I also do not think that it is fair to say that no one cares about Lords reform. The truth is that those who care about it do so passionately. I suspect that they come predominantly from one political tradition, but that does not make their views any less valid, and I certainly do not dismiss them. I have received a huge number of e-mails from constituents over the past few weeks putting both sides of the argument, and I do not dismiss any of their points.
I agree with what so many Members have said today, but let me also state from the outset that I believe in the reform of Parliament, including the House of Lords. I stand by the manifesto commitment I stood on two years ago to work to build a consensus and deeply regret that we have been unable to do so.
Steve Brine
Although it is tempting to agree with my hon. Friend, there is quite a long way to go on Second Reading, but I certainly feel that there are straws in the wind.
I think that there is plenty we can do to reform the other place. My right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) touched on a number of things we could do without abolishing the House of Lords or jamming up Parliament for months, if not years, with a clumsy Bill that seems to get worse the more times I read it.
To be blunt, I think that we are approaching the whole business the wrong way round. Reform of Parliament should start with a simple question: what do we want this House and the other place to do? I think that we want a second Chamber that acts as a revising Chamber, largely free from the politics of the first Chamber and, ultimately, always subservient to it. In other words, purely with regard to the roles performed and the way we make the laws of this land, I think that we have it about right in the United Kingdom. We can argue until the cows come home, and no doubt until they go out again, about who should sit in this bicameral Parliament but, when it come to the system of checks and balances on the Government of the day, I think that most of the sensible people I represent would say, “If it ain’t broke, don’t fix it.”
Let me turn to who sits in the upper House. What is proposed in the Bill is a host of senators—let us call them that for now—who would sit for an unrepeatable term of 15 years. From what I have heard so far this afternoon, that seems to be at the heart of the concerns right across this House. The record will show that I asked the Deputy Prime Minister in this House on 20 March whether he thought that
“a 15-year senator who is unable to stand for re-election is more or less accountable than a current Member of the other place”.—[Official Report, 20 March 2012; Vol. 542, c. 639.]
I have to say that the answer I received was hardly convincing. The current Leader of the House of Lords, Lord Strathclyde, helped greatly when he told the BBC recently:
“They’re not accountable… there will be no power of de-selection. Once they’re there, they’re there for 15 years.”
I accept that it is absolutely the case that under current rules, without the power of recall, Members of this House could leave the election night count, jump in a cab and go to Heathrow, take a flight direct to Barbados, sit on a deckchair on a white sandy beach for five years and that decision would catch up with them only if ultimately they sought re-election to this place at the next general election. I take that seriously. The point is that I am accountable to the people of Winchester only if or when I seek re-election to this place. A guaranteed job on £300 a day, with zero accountability—why on earth are we even considering creating such a gravy train? If it were not so serious, it would be funny.
Ian Austin
Can the hon. Gentleman think of any job in Britain that is guaranteed for the next 15 years, because I cannot?
Steve Brine
No, I cannot, and I thank the hon. Gentleman for that intervention. Many of the constituents that he and I represent, in the public and private sectors, would give their eye teeth for a job with a 15-year guaranteed salary.
I wonder what the public would think if they actually saw the other place in action and were exposed to its debates in the same way they are to debates in this House, at Prime Minister’s questions for instance. I think that they would be genuinely shocked to find the level of debate that their lordships pursue and the much reduced partisan nature of their proceedings. Bagehot has been quoted a few times today, but clearly he has not been in the House of Lords lately.
The Bill, from my reading of it, would take all the worst element of this House, magnify them tenfold and place them at the other end of the building. The insane proposal to elect these senators to nine regions of the country by proportional representation would simply introduce a new breed of political animal to Parliament, one that owes everything to the party list that put them there. Of course they will act accordingly, and we would not blame them for doing so. Do right hon. and hon. Members really want to create a whole new raft of expensive, partisan and regionally roaming politicians?
I read in the weekend papers—there was a lot in them—the comments of one Liberal Democrat peer, who said that his party has had to swallow some bitter pills, such as student fees and the NHS Bill, strangely, as a result of coalition, and that it was time the Conservatives did the same.
That is one of the worst aspects of coalition, and I am a supporter of this coalition Government—and very much on the record as saying so. The horse-trading—the “you get, we get” mentality—that coalition fosters is a woeful way to carry on in any policy area, but when it comes to the constitution of our country it is just plain wrong and plain dangerous.
That is what is very wrong with this debate. The Bill is a reckless piece of proposed legislation that Baroness Boothroyd, who has far more experience of this House and the other than I do, described on the radio as “an abuse of Parliament.” I do not think that she would use that term lightly.
The Bill does not hang together intellectually. It is in part about coalition politics and, much more, about the internal politics of the Liberal Democrat party—and that is no reason to take a bulldozer to our constitution. In my bones I know that it is wrong, and the saddest thing of all is that it will probably set back sensible reform of the Lords for many years.
I urge the Government to step back, even at this late hour, and the Prime Minister and the Deputy Prime Minister to look each other in the eye over the Cabinet table this evening and simply to ask themselves whether these proposals will leave our Parliament a better place if they go through. I suspect that in their hearts both know the answer to that question, and I ask them to ask it.
I have never before voted against the coalition Government on a Government Bill, but with a very heavy heart, as others have said, I will do so tomorrow night.
Sir Gerald Kaufman (Manchester, Gorton) (Lab)
I was a member of the royal commission on the House of Lords, an all-party commission that, after many months of consideration and consulting a large number of witnesses throughout the United Kingdom, decided unanimously that
“we could not recommend: a wholly or largely directly elected second chamber”.
In the years since then I have come upon no evidence to dissuade me from that view. This Bill is a botched mess that seems to have been drafted on the back of an envelope, and it is based not on principle, but on a series of deals between the two parties that comprise the Government.
The principle, if one can grace it with such an epithet, behind the Bill is not how to secure the better governance of this great democracy, but how to gratify the whims of the Liberal Democrat party, which has been determined to distort our parliamentary system, first, through the alternative vote and, now, with this rubbish in an effort to wangle more Liberal Democrat Members of either House or both Houses.
Significantly, what concerns the Liberal Democrats, to the extent of their threatening the stability of the Government, is not what concerns our constituents, such as jobs, the health service, schools, pensions, law and order, housing, but their own party self-interest.
One issue that has always troubled me about even a part-elected second Chamber is the conflict between Members of such a Chamber and the rights of the House of Commons and its Members. This Bill is imprecise to the point of vacuity on the relationship between the House of Commons and the new Chamber that it seeks to create. What is clear, however, is the certainty of conflict and collision between Members of the House of Commons and Members of the second Chamber in the areas where their membership coincides.
If a Member of the House of Commons and a Member of the revised second Chamber both take up the same individual case, or take up a position on the same issue, chaos could result, and the rights of the elected Member of the House of Commons could be eroded or undermined, particularly given the different lengths of membership of each body and the fact that Members of the second Chamber will be unaccountable because they cannot be re-elected.
I was not thrilled with the proposals for a second Chamber in the 2010 Labour party election manifesto, but at least they started with a referendum to legitimise any subsequent action. That difference being so strong, I am bewildered by the decision of Labour Front Benchers to support the Bill’s Second Reading. In 42 years in this House I have voted only once against the Labour Whip, but I shall certainly disregard it tomorrow evening. Perhaps it will set a precedent. I shall vote against both the Second Reading and the programme motion.
On whipping, let me say this to hon. Members in the Conservative party, although from what I have heard in this debate so far I do not believe that they need to be told it. I have a considerable personal regard for the Government Chief Whip, but on this issue he is not McLoughlin but Machiavelli. His job is to manipulate to get the result that he needs to deliver.
If one picks up a newspaper or turns on the television, one encounters all kinds of lurid warnings and threats: “boundary changes may be in danger”; “the very future of the coalition may be at stake”. Boundary changes crop up every few years and will continue to do so. I have survived four sets so far, and perhaps I will survive the next as well. Governments come and Governments go, but the new Chamber proposed in this Bill will be irreversible. Once we have it, we will not be able to get rid of it.
This nation’s parliamentary system of government has evolved over nine centuries to make the United Kingdom, for which under this Bill there will be different electoral systems in different countries, the greatest and most stable democracy in the world. There has been change, but it has been evolutionary change. A Liberal Government asserted the primacy of the House of Commons under the Parliament Acts more than a century ago; a Conservative Government created life peers and introduced women peers; and a Labour Government began the end of the hereditary system in the House of Lords.
We, unlike other democracies, do not have a constitution, and that is because we do not need a constitution. The Queen in Parliament is all we need. Let us uphold British democracy tomorrow night. Let us vote no in both Divisions and be done with this pernicious threat to what has made the United Kingdom a great democracy.
Mark Field (Cities of London and Westminster) (Con)
I regret that I will not be in the same Lobby tomorrow night as my hon. Friend the Member for Altrincham and Sale West (Mr Brady), even though I agreed with much that he had to say today. I think that the primacy problem in this place has nothing whatever to do with the House of Lords or even the House of Commons. The real issue that lies at the heart of UK constitutional politics is the corrosive effect of the overweening primacy of the Executive.
Anything, but anything that provides an effective counterweight to the oft unchallenged power of the Executive is, in my view, a good thing. I remain to this day staggered by the sheer gutlessness of this place, including of many Members who will vote against this Bill’s Second Reading and programme motion tomorrow night, because we waved through the Parliamentary Voting System and Constituencies Act 2011, and it was a terrible bit of legislation.
That legislation cravenly supported a reduction in the size of this House, and it was promoted by the Deputy Prime Minister on the basis of a fatuous saving to the public purse of £10 million a year, which even in his own words has been overwhelmed by the additional amount of money that will be required for the new House of Lords. At the same time, we failed either to nail down any commensurate shrinking of the size or cost of the House of Lords, or to address the constitutional iniquity surrounding the absurdly inflated Scottish Parliament and Northern Irish and Welsh Assemblies.
But I am a democrat, and since my maiden speech in this House I have supported, and will continue to support, a fully elected House of Lords. The case for the preservation of the “ancient traditions”, as many hon. Friends have assured me, of the upper House was conclusively lost in 1999. Once the vast bulk of the hereditaries had been removed, so too should all appointed Members have followed. Instead, today we have a bloated House of Lords, of which the Lords Winstons and Puttnams are assuredly the exception rather than the rule.
Over the past 13 years the ranks of the upper House have been swelled by literally hundreds of party hacks and large-scale political donors, along with dubious-quality legislators given the nod on politically correct grounds. In the charming words of my Liberal Democrat opponent at the last election, ironically herself also the daughter of a life peer, I was too “male, pale and stale”. That may well be the case, but I was also elected, and in a democracy that matters.
While I am happy to support the principle of electing the House of Lords both on Second Reading and in the vote on the programme motion, I believe that in many of its particulars the Bill is shoddy and poorly drafted.
Mark Field
I will come to that at the end of my remarks, if I may.
The Bill misses the opportunity to propose an elegant solution that might have resolved effectively the four main domestic constitutional uncertainties that have plagued our whole political arena for the past three decades. I hope that when it is in Committee and in the other place we might be able to make some progress in that regard. With a federal UK parliament and four elected national parliaments, we could have not only maintained the monarchy, strengthened the Union, and resolved questions over the legitimacy of an unreformed House of Lords, but given independent and equal representation to citizens in England as well as in Scotland, Wales and Northern Ireland.
As many Members have said, the British constitution has been one of the success stories of modern politics. It has kept this country together, united under a common Crown and a common Parliament, for over 300 years—not for us the coups, revolutions and counter-revolutions that have plagued many of our European partners over that period. So successful has it been that we Britons had perhaps stopped thinking about some of its great successes. Until 15 years ago, nobody in this House or beyond gave much thought to constitutional issues; we knew instinctively that we had a British constitution that worked well for the whole of these islands. I am afraid that that was destroyed in 1999 when we got rid of the traditional House of Lords, removing much of the genuinely independent hereditary element and created hundreds of new life peers. Shamefully, this process has continued even under the coalition Government, with some 120 new life peers being created. That is unacceptable.
David Tredinnick
I hear what my hon. Friend is saying, but surely he must recognise that a lot of those who are made peers are experts in their own fields; it is not just a case of Lord Winston and one other.
Mark Field
They are the exception that proves the rule. Just look at the 120 who were made peers; we could mention particular names. It is an entirely misjudged view that the House of Lords is full of expertise. Clearly there is expertise—I do not dispute that for one minute—but it is very much the exception rather than the rule.
Mark Field
No. I want to make a little progress because others wish to speak.
I think we all accept that the UK constitution has traditionally been full of anomalies. However, we also like the idea of fair play. As an MP for a seat in London, which is the capital of England and of the whole United Kingdom, I call on the Government to offer all the British people—English, Scottish, Welsh and Northern Irish—a new settlement through this Bill that will be demonstrably equitable for everyone. I believe that we should move in the direction of creating an entirely new federal parliament so that we have four full national parliaments in England, Scotland, Wales and Northern Ireland, together with all the existing powers of the House of Commons. The federal UK parliament would deal with defence and foreign affairs, make treaties, and administer a cohesion fund for the poorer parts of the UK. [Interruption.] My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) says that it would be expensive. In fact, it would be anything but, because it would mean that there were fewer politicians as all English Members would be members of both the English and the UK parliaments. It would reduce the number of elected politicians, which would be a much better approach. In a sense, it would be a unicameral system. I was the only Conservative who voted for a unicameral system when we had that option. To me, what we have at the moment is the most undesirable outcome of all. I would sooner abolish that, put nothing in its place, have a unicameral system, and make the positive reforms that I hope we are going to make. Abolishing the House of Lords would mean that Parliament was unicameral, but that has not proved to be a problem in Edinburgh or in Cardiff over the past 12 years.
All this and much more needs to be addressed in Committee, but, as my hon. Friend the Member for North Wiltshire (Mr Gray) said, voting down the programme motion would be tantamount to trying to wreck the Bill as a whole. As a believer in a democratised House of Lords, that is something that I am not prepared to do.
Chris Bryant (Rhondda) (Lab)
I nearly fell off my chair earlier today because I had an e-mail from a constituent on Lords reform. I think that that is the first one that I have had in all my years, despite the fact that I have held forth about the subject on many occasions. Fortunately, I agreed with her, so 100% of my constituents are in agreement with me.
I say to hon. Members who are opposed to the Bill that the current House of Lords is unsustainable. It has more than 800 Members, and the coalition agreement says that more should be appointed. At the rate that we are going, every member of the Liberal Democrat party will end up as a Member of the House of Lords. There are enormous problems with the numbers that we have at the moment, because appointment as the defining way of getting into the House of Lords leads to a heavy over-subscription of people from London and the south-east. Two hundred and seventy-three Members of the House of Lords come from London and the south-east, but just 38 come from the midlands and 74 from the north. It cannot possibly claim to be the representative House that it claimed to be seven centuries ago, when it had all the tenants-in-chief of the land available to advise the king.
Jesse Norman
Any reduction in the size of the upper House can be achieved without election. The hon. Gentleman is arguing not for election, but for a reduction in the size of the House.
Chris Bryant
I have only just started, to be fair. I wanted to start by saying that there are too many Members and, on top of that, too many who come from London and the south-east and too few who come from everywhere else. With a system of appointment, the people who do the appointing end up choosing people they already know, and that is why there is a heavy preponderance of people from London and the south-east. We also still have crooks, perjurers and arsonists up at the other end of the corridor. The hon. Gentleman will say, “Ah yes, but we can change all this through David Steel’s Bill,” but then we end up with a House of Lords that is solely appointed, and that is a House of patronage and power given to too few people, not to the people of the land.
We have the ludicrous situation of by-elections for hereditary peers. I say to all those who are opposed to the alternative vote system that we already have that system; it is used to elect people to the House of Lords. It is ironic that the last person who was elected in July last year, in a by-election that was not much commented on in the national media, was Lord Ashton of Hyde. I have never met that gentleman, and I suspect that few of us in this House have, but he got to stand as a hereditary peer only because of his original predecessor who was made a peer. That Lord Ashton of Hyde had been a Member of this House. He tried to get elected for Hyde several times and never managed to do so; but none the less, when he went to the Lords, he called himself Lord Ashton of Hyde. He went there because he had vacated his seat in the Commons two months before the vote on the Parliament Act 1911 to try to make sure that it could get through down at the other end of the building.
The system of having elected hereditaries in the Lords is completely bizarre, but it is even more bizarre to have the bishops of the Church of England there. There was an argument for that when we also had the bishops of Wales and Ireland, and some representation from Scotland, but it makes no sense for only one denomination representing one geographical area to be appointed to the House of Lords. I would move an amendment to get rid of all the bishops.
To those who argue in favour of the House of Lords on the basis of expertise, I would say that sometimes expertise is also a vested interest. Just take the case of two members of the Joint Committee on Privacy and Injunctions, which is considering a very sensitive issue in politics. One of them is Lord Gold. Most Members have probably never heard of him, but he happens to be a Conservative peer. He also happens to be a lawyer who specialises in litigation. Some people might say, “That’s great—he has expertise,” but I would say that he has a commercial interest in the legislation that he is advising on. Similarly, Lord Black of Brentwood, as the executive director of the Telegraph Group, has a direct financial and commercial interest in the legislation that is going through. That is why I say that, all too often, the commercial interests of people down at that end of the building turn it into a corrupt House.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. We are in danger of questioning the nature and duties of Members of the other House and of going over the line in doing so, and I am sure that we would not want to do that.
Laura Sandys
Does the hon. Gentleman agree that this is not just about financial interests but could be about vested interests such as those of the British Medical Association, the National Union of Teachers or other organisations? Might people who are in the other House as a result of the status quo and have vested interests in the status quo therefore resist more radical change that might be proposed by this House?
Chris Bryant
I am grateful for the hon. Lady’s point, because it was a very good one. A large number of those who spoke in the House of Lords in the debates on the Health and Social Care Bill had a personal, commercial, financial interest in supporting it. I am not questioning any individual, Mr Deputy Speaker, but the system of having expertise in the other House that many people advocate. Often, someone arrives in the other House with a degree of expertise and ends up staying there for another 30 years, which means that their expertise becomes extremely out of date. Furthermore, someone may have phenomenal expertise in medicine, but absolutely no understanding of the armed forces, or vice versa. Appointing people to the House of Lords on the basis of expertise is, I believe, a mistake.
I say to those who say that we need evolution, not revolution, that we have had two revolutions—one of them glorious and one of them perhaps inglorious. It was on the basis of those revolutions that many of the advances that we have had came about. We have had elected peers before. The 16 Scottish representative peers from 1707 to 1963 were elected at every general election. Similarly, the Irish peers were elected for life. We have had a mixed and evolving system. We introduced life peers. In 1963, we allowed women who had a peerage in their own right, suo jure, to sit in the House of Lords. I do not believe that this is the dramatic change that people claim; it is part of the evolution, not a revolution.
There are problems with the Bill, the most important of which was referred to by the hon. Member for Hereford and South Herefordshire (Jesse Norman), who intervened on me but has now left the Chamber. It is the question of powers. I do not believe that the original version or the present version of clause 2 on the respective powers of the two Houses will meet the day. There is a third way. I do not want the courts to be able to decide on a row between this House and the other House. The best way to proceed would be to have a concordat between the two Houses that forms part of our Standing Orders, which requires that there can be no change in our House without the agreement of the House of Lords and no change in the House of Lords without the agreement of the House of Commons. Perhaps, as one hon. Member suggested earlier, that should rely on a two-thirds majority.
I think that a 15-year term is far too long. Six or nine years might be better, but we can debate that. I will also support 100% election. I say to my Liberal Democrat—I hate to say this word—friends, that I have long campaigned on this matter and I think that there is more likelihood of getting the reform if we have a referendum and if we ensure that the Bill is debated properly, because we are going to have to use the Parliament Act.
Mr Charles Kennedy (Ross, Skye and Lochaber) (LD)
I will not follow immediately on from the tempting suggestion made by the hon. Member for Rhondda (Chris Bryant), because I want to direct the bulk of my remarks to the parliamentary Labour party.
I should begin by making my position clear because, as colleagues in my ranks and across the Floor of the House know, I have something of a reputation in this Parliament as a coalition sceptic, having not supported its formation. It is therefore with all the more enthusiasm that I am speaking strongly in favour of the coalition proposals, as outlined by my right hon. Friend the Deputy Prime Minister this afternoon.
One of the things that has driven me in politics over the decades is that when one comes into the British House of Commons in a third-party position—I have been part of the Social Democratic party, the Alliance and the Lib Dems—there is an overwhelming sense, which we are seeing in this debate, that the forces of small c conservatism within both the principal parties are ranged against one. Today, colleagues on both sides of the House have said, “Of course I am in favour of the principle of House of Lords reform.” To listen to their rhetoric or to read it in Hansard, one would think that they had been lying awake at night for years fretting about this issue. They go on to say, “But not this reform,” “Not at this time,” “Not in this way,” “Not for these reasons,” “Not because of that political context,” and so on.
This debate is reminiscent of one of the first cross-party debates that took place when I was first elected in 1983, which was about televising the House of Commons. When I look at those, particularly from the House of Lords, who have been in the public prints over the weekend warning of the pestilence, plague and Niagara falls of misfortune that will descend upon our nation if we try to reform the House of Lords as outlined in today’s proposals, I recall, funnily enough, that many of the same voices, many of the same names and an awful lot of the same arguments were raised against the pernicious effect that televising the House of Commons would have. Had they lived in a different generation, those people would have had the same instincts and the same conservative gut reactions against votes for women. It goes on and on. That is why I make my plea to the Labour party in particular.
I listened to the Labour leader on BBC Radio 4’s “World at One” at lunchtime today, speaking no doubt with sincerity. When he says that Labour will oppose the programme motion, while supporting the principle of reform, in the best-case scenario he is being breathtakingly naive in parliamentary terms and in the worst-case scenario he is displaying abject party political cynicism. I hope that it is not the latter, because I think a lot more of him than that.
I say that because of my experience, some 20 years ago, of the Maastricht treaty. That is what this occasion reminds me of more than anything else. Labour held themselves together in opposition brilliantly under John Smith’s leadership. He had the rallying cry of the absence of the social chapter, which united Eurosceptics and Euro-enthusiasts in the Labour ranks. That kept the Labour party together and kept the heat on John Major’s Government. We found ourselves having to vote on many an occasion, in circumstances that were bitter, controversial and politically damaging in the short term, to enable the Maastricht business to proceed, because Labour was seeking to thwart it. We are in a similar position here.
Mr Kennedy
I will give way in a moment, of course, because the hon. Gentleman is a fellow survivor of that era.
The votes on Maastricht were a bad experience for the Conservative party because of its rebels. I fear that its rebels on this issue will find that they are stoking up an awful lot of trouble within their own parliamentary ranks later in this Parliament. The other message of that experience was that, no matter how much one tries to feed and placate the sceptics, they come back for more. They want more and more red meat, and eventually they end up devouring you. That will be the danger if the programme motion is not passed.
Mr Jenkin
I am in danger of agreeing with one or two things that the right hon. Gentleman is saying. The Maastricht debates were a disaster for Parliament because of the way in which they were conducted. The solution then would have been to have a referendum, and the solution now is to have a referendum to avoid the kind of disaster that he is talking about.
Mr Kennedy
We will see, assuming that we have the parliamentary progress that is required, what happens on that issue. I was a European spokesman for my party at the time of Maastricht and voted in favour of a referendum. Folk of my generation voted for a referendum, while people of David Steel’s generation voted against. If we have a vote on a referendum in the course of our proceedings, which I dare say we will, it will be interesting to see what happens. It might yet become a way of breaking the logjam—who knows? I am not going to declare on the issue yet because I want to get through 10 o’clock tomorrow night first. We will take it one step at a time.
I was deeply disappointed by the opening contribution from the right hon. Member for Tooting (Sadiq Khan) on behalf of the Labour party. If that represents the Front-Bench apotheosis of Labour enthusiasm for Lords reform, then God help us, whether we are debating the matter for 10 days and nights on the Floor of this House or for a longer period if the programme motion is defeated tomorrow evening. I can only assume—I am being charitable to him—that his speech on this occasion had to be a non-committal holding operation, while Labour weighs up the advantage, sees what happens tomorrow night and decides where to go from there. He showed studied ambiguity about what the Opposition would do if they were successful in thwarting the programme motion tomorrow night, and how much time they would insist upon for debate on the Floor of the House. The repeated delphic absence of a response to those questions spoke volumes. I plead with the Labour party: do not just play the Bill for narrow party advantage, play it for the historic opportunity that it is.
Mr George Howarth (Knowsley) (Lab)
It is a pleasure to follow the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy). I am sure he will accept that I do not agree with the entirety of his speech, but he made it in his usual moderate and thoughtful way.
The right hon. Gentleman leads me to my first point. It is often said that the House of Commons is at its best when it is discussing huge constitutional issues. I tend to differ with that view. I believe that we are at our very worst, because we look inwards on ourselves and talk about the effect of a change on this or that party or on us as a political class, instead of facing outwards and considering what the wider public care about.
I should start by stating my own position. Like the hon. Member for Cities of London and Westminster (Mark Field) and several others, I am a unicameralist. There are examples both in the UK and abroad that show us how a unicameral legislative system can work effectively and efficiently.
The upper Chamber, the House of Lords, is historically anachronistic. Several Members have gone into great detail about that, but we need only to read primitive children’s history books to understand why it is the case. Even in its current state, there is an anomaly: it contains hereditary peers alongside those who are appointed. That is not a satisfactory way to structure a legislature.
I accept that, as has been said, there are Members of the House of Lords who bring to bear their knowledge and experience, which is often reflected in the quality of the debates that take place there. That in itself is not sufficient for it to continue in its present form, but it has to be said that that is the case.
I have to accept that there is not a majority in this House that agrees with me about the abolition of the House of Lords. On the basis that turkeys never vote for Christmas, there most certainly would not be such a majority in the other place. Nevertheless, reform runs logically counter to the views of anybody who, like me, believes in abolition.
It has been said repeatedly, not least by the Deputy Prime Minister, that all three parties—the two in the coalition and my own party—referred to reform of the House of Lords in their manifestos. That is true, but I doubt whether many right hon. and hon. Members put it in their election addresses. I can say with absolute certainty that it was not an issue that was discussed in Knowsley at the last general election, or any other. Nevertheless, it was in all three parties’ manifestos, and I believe that we need to make some progress on it. However, this Bill is not the way to do that.
I will not go into great detail about all that is wrong with the Bill, because time forbids. However, the 15-year term offends any sense of accountability whatever. It is beyond my wildest imagination how anybody who is elected for a 15-year term, with a rule that they cannot stand again, can in any way be considered accountable.
As we know from the European elections, the partly closed, partly open regional list system hardly sets the world on fire. The turnout that those elections manage to attract is pitiful, and in my region, the north-west, there is the unintended consequence that members of the British National party end up getting elected.
I return to where I started. On such issues, we need not to look in on ourselves but to look out at what the wider public think. The only way that we can do justice to that aspiration, which I hope others share, is to have a referendum on the subject. If we are to change the second Chamber, we should do so on the basis that we have public support, not just the support of the political classes. I hope that at some point in the proceedings, if the Bill gets that far, we will have an opportunity to vote for an amendment stating that there should be a referendum on it.
Laura Sandys (South Thanet) (Con)
It is a great pleasure to follow the right hon. Member for Knowsley (Mr Howarth).
The two Members who have excited me the most in this debate are my hon. Friends the Members for Altrincham and Sale West (Mr Brady) and for Cities of London and Westminster (Mark Field). We need true, bicameral reform. Both parts of this Parliament need to look at themselves and ensure that we have a dynamic, active and reformed Parliament—one Parliament, two Chambers, which in my view should both be elected. I appreciate that the Bill is merely one step on the way and is not the answer to the big parliamentary deficit from which we suffer, but we have an opportunity to consider a new settlement between the public, Parliament and, most importantly, the Executive.
Although many people might have heard a lot of conflict in the debate and a lot of difference between the Government’s position and that of other Members, over the past 10 months the process of public debate, the proceedings of the Joint Committee, on which I served, and other discussions have delivered, in a strange way, a significant amount of consensus. There is consensus about a reduction in numbers in the Lords, the end of patronage and the decoupling of titles. Those are all fundamental points about the anomaly at the heart of our constitution, and I think we can agree on them. The sticking point is whether we have a second Chamber that is elected or selected.
In many people’s minds, the case for selection is that people without political bias would be appointed. Does that mean that membership of any political party would preclude someone from being put forward? What criteria would be used for the selection? As we have discussed before, we must consider whether people would represent vested interests and embed the status quo rather than offer a Parliament that can provide reform and take things forward. Are those people not a group of professionals who have benefited from the status quo and are part of the elite?
Mr Gray
Does my hon. Friend agree that the most passionate and powerful opponents of what the Government are doing with regard to, for example, the reductions in the armed forces are the field marshals, generals and others in the House of Lords? They are the passionate opponents of the Government, not their supporters.
Laura Sandys
Yes, but they have no vote on this matter, because it is one of financial restructuring. They can discuss it, but to be frank they do so more in the media than in Parliament. Formers members of the military, or of any institution, have every right to discuss Government proposals, but I am not sure they need the House of Lords to do that.
We have an example of how selection can be negative. One of the previous chairmen of the House of Lords Appointments Commission said, “We don’t want hairdressers in the House of Lords.” I am very proud that we have a hairdresser in our House. Any selection process will not choose people who have not been to the right dinner party. Those who do not know the right people, or who have not networked and become well connected, or those who do not come from the south-east, will not be selected.
Andrew Griffiths (Burton) (Con)
How many hairdressers will be selected on a party list?
Laura Sandys
Hon. Members come from many different backgrounds. Party associations select people from the parts of the country they are to represent. Our parties should not be demeaned—we should not say that they should not have that responsibility. In my case, the party has made an excellent choice.
We have a fundamental problem. We have one Parliament, but two Chambers as important as each other. Our hybrid system—one elected Chamber and one appointed —makes a mockery of our democracy and hobbles Parliament’s overall legitimacy. In addition, it creates a problem for those resisting reform. If the House of Lords is only a revising, advisory, “think again” Chamber, it is very expensive. If it is a proper part of a bicameral legislature, as I believe it should be, it must be elected if we are to sustain a self-respecting democracy.
Louise Mensch
Does my hon. Friend recognise that we recently had a referendum on changing the voting system for the Westminster Parliament, which the public overwhelmingly rejected? Is not the Bill an attempt to introduce that through the back door?
Laura Sandys
I disagree. We will have two Chambers and two electoral systems, and two different outcomes. As a result, there will be strengths in both Chambers. They will complement each other and create much greater rigour when it comes to scrutiny and the legislative process.
Back Benchers of all parties constantly complain about the diminishing power of Parliament. Many claim the Executive is too strong. How can the concentration of powers in the hands of three party leaders, who appoint hundreds of legislators to the Chamber next door, be anything other than extreme patronage gone out of control? It is unprecedented anywhere in the democratic world.
Laura Sandys
I am afraid I will not—I am so sorry.
Opponents of reform seem very concerned that the poor old Government will struggle to get their legislation through Parliament if there are two elected, functioning Houses, but the House of Commons is not the Government —it is separate. I would hope that two elected Houses of Parliament would not defeat any Government any more than they do in other bicameral systems in the world. However, it is no bad thing if a stronger Parliament deters the Government from passing ill-considered legislation. I am a good Conservative, and, in that way, the objective of getting the Government to do less better would also be achieved.
We cannot blame our coalition partners for some of the philosophy behind the Bill. Localism and elected police commissioners are Conservative policies, not policies conjured up by the coalition. Trusting the public with decision making on schools and other public services is part of the Conservative DNA, so why should we deny the public the choice to vote for 50% of our Parliament? It is absolutely crucial that we Conservatives are seen to be giving power to the many and taking it away from the few.
Perhaps not every aspect of the Bill is perfect—some of us might be looking for more radical reform—but it is a crucial step forward. It is an opportunity to say that we trust the people, and that we are taking away the appointments system from the Prime Minister and giving it to the electorate.
Helen Goodman (Bishop Auckland) (Lab)
It is a great pleasure to follow the hon. Member for South Thanet (Laura Sandys). I agree that reform and an elected House of Lords are essential. It is a basic principle of democracy that those who legislate for everybody else are voted for by the other citizens of the country.
Whatever their positions on the Bill, hon. Members on both sides of the House agree that the House of Lords should complement and not duplicate the House of Commons in both its function and its make-up. Unfortunately, the Bill is weak on both counts. Clause 2 is inadequate in setting out the functions of the reformed House. I agree with the letter written by my right hon. Friend the Member for Tooting (Sadiq Khan) to the Deputy Prime Minister. We must see a new draft of clause 2 early in the passage of the Bill. We cannot be expected to agree to a measure if we do not know what the functions will be until some distant time in future, after the Bill has been to the Lords.
Furthermore, the Bill reveals one of the weaknesses of our unwritten constitution. It would be helpful if Ministers considered not only how to preserve the primacy of the Commons but what special responsibilities the other House should have. At one point, giving the other House special responsibility for human rights was considered.
On the make-up of the second House, many noble Lords are going around saying that the Lords is more reflective of the population than the Commons. That is not true. Only a fifth of Members of both Houses are women and 5% or fewer are from ethnic minorities. However, more than 96% of Members of the other House are over 50. The Government’s proposals in the Bill are extremely weak on that. The proposed 15-year terms are weak not just on accountability; they will add to that age bias.
The objective is surely to widen involvement in our political institutions—[Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Order. I am sorry to interrupt the hon. Lady. You have made your speech, Ms Sandys. Turning round and having a private conversation, along with many other Members, is not fair and does not show due respect to the hon. Member for Bishop Auckland (Helen Goodman). Given the importance that hon. Members have attached to this Bill, perhaps they can ensure they listen to the debate on it.
Helen Goodman
Thank you very much, Madam Deputy Speaker. I am obviously so boring that other hon. Members cannot be bothered to listen—[Hon. Members: “No!”]
Our politics and our democracy are not exactly in a crisis, but confidence in them is beginning to look rather tattered round the edges. If we are to restore that confidence, we need both institutional reform and higher levels of participation. Today is an opportunity to discuss the institutional reform—we can talk about participation on another occasion.
For many, the heyday of our popular democracy was the early 1950s, when voting participation under universal suffrage was at its highest, and when the two-party system seemed to provide a reasonable reflection of the choices for the country. However, in 1997, at the end of 20 years of Tory rule, the overwhelming sense one had was of anachronistic institutions that were completely unrepresentative of who we are and what we expect from our democracy. Institutional reforms redressed the balance between citizens and the state. They were significant and welcome, but they did not address some of the key failings. Why are so few Members of Parliament in either House women? Why is it right that the second Chamber should reserve places for Anglican bishops but none for other denominations and religions? Those are failings of the institutional arrangements, but they reflect a deeper failure: a failure to make sense of our new British identity.
To tackle that malaise, we need institutions that provide equal rights within their arrangements. This is an extremely unusual country, because it is both a multinational state built over more than 500 years from England, Scotland, Wales and Ireland, and a multi-ethnic country, which in the past 50 years has had a huge change in its constitution. Such significant cultural diversity can make the task of building inclusive citizenship seem huge, and we do it against a background of growing globalisation, which seems to be reducing the importance of the nation state. It is vital, however, if we are to get the levels of participation that we need.
Andrew Griffiths
The hon. Lady makes some important statements about the need to ensure that the Chambers are representative, but does she not accept that the other place has the same representation of women, and a higher representation of disabled people and ethnic minorities?
Helen Goodman
The differences between the numbers of ethnic minorities and people with disabilities are tiny compared with the great distortion of age.
This Chamber represents people according to the communities in which they live. Once upon a time, the differences between living in Sheffield, which was a steel town, and Nottingham, where there were lots of lace factories, were significant, but increasingly the idea of communities based on economic differences defines only a part of people’s lives. With House of Lords reform, we have the opportunity to consider the other aspects of identity and the issues arising from them, which are often just as important—for some people, more important—as the communities in which they live. I propose that we look at House of Lords reform in an attempt to redress that imbalance. It is obviously a deep and complex problem requiring a lot of consideration. Tomorrow evening I will vote for Second Reading, so that we have a democratic second Chamber, but against the programme motion, so that we can unpick some of these very significant matters.
Nicholas Soames (Mid Sussex) (Con)
I thought that the speech by the hon. Member for Bishop Auckland (Helen Goodman) was magnificent, so she should not give any consideration to her concerns.
I wholly support the speech of my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), who captured the whole sense of what is wrong with the Bill. When one considers the great historical events that have shaped our British constitutional and political history—Magna Carta, the Reformation, the civil war, the Glorious Revolution, the Great Reform Act—it is easy to understand why a former distinguished Speaker, the great Baroness Boothroyd, on a programme on the wireless this morning, described the Bill as a constitutional outrage.
On the same programme, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), in an impertinent assertion—I am sorry he is not here to take his medicine—assured the world that Churchill would have voted for this proposal. First, that is not for him to say, given that he has absolutely no idea whether it would have been the case and, secondly, most historians would agree that it is highly unlikely that Churchill would ever have voted for an elected second Chamber, which he would rightly have perceived as a serious challenge to the House of Commons.
Most people looking in on our proceedings would think it extraordinary that in a country where so few things work—I think of the Government’s dismal inability even to fix the immigration controls at Heathrow—we should be setting about wasting an inordinate amount of valuable Government time on proposals that are ill thought out and falsely conceived, as part of a deal to conciliate our coalition partners.
The country faces global challenges. These are not peaceful, fertile times with the space to consider and reform at leisure one of the greatest and most important institutions of the land. Like all my colleagues, however, I accept that there are useful and important reforms that should be made to their lordships’ House without upsetting the constitutional applecart. I say to my own Front-Bench team that by pushing ahead with this foolish enterprise, they are diminishing the Government’s sense of urgency and purpose to put our country back in a better place. They are throwing away the chance to build on the British public’s clear and—in my lifetime—unique understanding that we live in an era of great austerity, that there are difficult and important decisions to take and that the Government should get on and take them, rather than worrying about undermining our constitution.
The essential argument is that the creation of an elected second Chamber would inevitably transform relations between the two Chambers and would produce a House that would increasingly be in competition with the House of Commons. The evidence of the Clerk of the House in this regard should be studied most carefully by all those who intend to vote on these profoundly disappointing proposals. The House is going to vote potentially to enshrine in our national political life the recipe for a permanent constitutional crisis.
Of course, the House of Lords needs reforming—it is too big and there are sensible measures that we could take—but I profoundly believe that an appointed House has very real merit. It can deliberately reflect the diversity of our country in a way that the House of Commons simply cannot. The present House of Lords has the same gender balance as us, an honourable and long-standing tradition of ethnic diversity and, incidentally, a considerable number of disabled Members. Most importantly, however, it contains a vast reservoir of talent and experience that complements a more youthful and aggressive House of Commons without ever being able to threaten it.
The Bill will inevitably lead to the greater politicisation of the House of Lords, blur the harmonious and distinctive differences between the two Houses and remove the correctly unambiguous democratic mandate that the House of Commons rightly enjoys. The Bill will pile a constitutional crisis on top of an economic crisis that we all know will last for a long time. The Conservative party has honoured the obligation in our manifesto; that commitment has been discharged. It is now the duty of every Member to consider their position carefully before knowingly doing something to unpick that which we know works, however imperfectly. We should wait for better hours and better days, when we have the space and the time really to think this through.
Mr Frank Field (Birkenhead) (Lab)
It is a pleasure to follow the right hon. Member for Mid Sussex (Nicholas Soames).
I want to speak against both Second Reading and the timetable motion for the following reasons. We who are elected to this legislature have developed the habit of thinking that politics is about passing legislation—I am as guilty a party to that sin as anyone else—and although we all approach legislation with a good spirit and wishing to improve the public good, we often do not make a very good job of it. Prime Ministers and parties in government change, however, so we have a chance to undo the silliness of a previous House of Commons. We are talking about a different form of legislation, however, when we talk about changing the constitution.
My time in the House has often been spent undoing the silliness of other politicians, but we cannot point to any example of a constitutional measure, passed by this House and—under threats—by the House of Lords, that has actually been changed. We will be changing the constitution for ever—there will be no going back—so it is beholden on us to be satisfied with the Bill on Second Reading and not to be beguiled by the Whips. The hon. Member for West Worcestershire (Harriett Baldwin), whom I respect, said, “If I don’t like it on Third Reading, I’ll strike it down.” It never works like that. Let me tell her that simple fact.
We also need to lay charge against the Government because of what this Bill is about. The Deputy Prime Minister has an extraordinary view of democracy. He views democracy as being about voting. There are many nations in this world that vote, but which we would not regard as democracies. In this country we have crafted two great constitutional ideas through which we channel our ideas about political freedom. We value the idea that our institutions should be representative and that they should be responsible. The charge I make against the Government this evening when they reply to this debate—or when they care to reply—is this. To what extent does this reform strengthen representative government, and to what extent does it strengthen responsible government? Let me take the responsible side first.
The idea that we will get more responsible government by electing people for 15 years without them ever having to stand to account again is a most extraordinary view. We are responsible in the sense that we stand on a mandate of our party—sometimes rather loosely, but we stand on it—and if we wish to continue our careers, we know that we have to face our electorate. The idea that electing people for 15 years will somehow strengthen the responsible side of our constitution is idiotic.
Now let us face the other issue: whether our system will be more representative. The idea that a list system—prefaced by the word “open”—will give us a different composition from that of the House of Commons, as well as a better one, is equally naive. Those concerned will be people who the Whips have decided are safe. Constituency parties will elect huge lists of people without knowing who the hell they are and they will have little chance of imposing their views, as they try to when they select for single-Member seats.
The reason I am going to vote against the timetable motion is that there are many other ideas that we could put forward to make the House of Lords both responsible and more representative. Since Nolan, we have swallowed the extraordinary view that we should not represent interests. It is totally novel and totally foreign to our constitution. The one place where we should have a view of representation coming forward is the Lords. I want days, if necessary, to discuss how we could make that Chamber—after it has, necessarily, the elements of Government and Opposition—a representative Chamber of the great interests: the great regions of this country; the different interests of men and women; the different interests of both sides of industry; different cultural and industrial interests; and even, perhaps, the interests of political parties.
The idea is that, under a timetabled motion, we will be able to open up the debate where the Joint Committee left it and seriously consider, first, whether the Bill makes our constitution more responsible and, secondly, whether it makes it more representative. Anybody who thinks that the Bill will deliver either of those two simply because we will have an election system—one that will have even lower turnouts than for the European Parliament—needs their head tested.
John Stevenson (Carlisle) (Con)
Britain has had a long tradition of gradually changing its constitutional arrangements, rather than going for an overnight revolution. It is a tradition that reflects the strength of our political establishment, but it is also a tradition that means that change generally happens slowly. It has taken us 101 years to reach this point in the House of Lords debate, but we now have a Bill before Parliament that is supported by the Government, along with commitments in the manifestos of the three main parties, to conclude the work that our predecessors began, with the Parliament Act 1911, in reforming the House of Lords.
I appreciate that I am probably in a very small minority on the Government Benches; nevertheless, I welcome the Bill. I acknowledge and accept that it is a compromise, but in many respects that is inevitable. There are probably 650 views of what a reformed House of Lords should look like, but at some point we just have to allow for compromise. The Bill therefore reflects the many attempts over the last 20 years to reform the House of Lords—both from this place and the other place—and it addresses what are, for me, the two key issues of reform: the principle of democratic legitimacy and the issue of practicality. As a simple matter of principle, I believe it right and proper to reform the House of Lords. The present arrangements are, in my view, indefensible. Lords membership at present is based on piety, patronage and privilege. A country that calls itself a democracy in the 21st century should not have a key part of its political system based on such criteria.
Jake Berry
I agree with my hon. Friend: his point about democracy is absolutely key to this debate. Does he agree that if we say that we are a democratic country, democracy cannot be partial? We have to reflect it through all our parliamentary institutions, including the House of Lords.
John Stevenson
I agree with my hon. Friend. We elect parish councillors, local councillors, county councillors, mayors, MPs, MEPs, MSPs and Welsh Assembly Members, and in November we will elect our first police commissioners, but somehow we do not think it necessary to elect Members of the House of Lords.
Angie Bray
But do we elect our judges or our generals? There are plenty of people in public life who are not elected, because the principle cannot be applied unilaterally across everything.
John Stevenson
We are talking about our institutions where there is representation and where laws are made.
To any rational person, the current arrangement is absurd. We live in a democracy and we, the British people, should be allowed to elect those who make our laws and govern us. Equally importantly, we should also be allowed the opportunity to put ourselves forward for such a role. As things stand, I have to be able to explain to my constituents that, when it comes to the House of Lords, although they live in a democracy and we can vote for and be councillors, MPs, mayors and so on, they cannot vote for some of the people who pass laws over them, nor do they have the opportunity to hold such offices themselves. That cannot be right.
John Stevenson
I do not believe that the monarchy is part of our constitution where effective—[Hon. Members: “What?”] No, it is not involved in our effective day-to-day constitution, in terms of the laws that are passed, so when my hon. Friend talks about the monarchy as such, he is talking about a different concept.
Mr Richard Bacon (South Norfolk) (Con)
Will my hon. Friend explain to the House the difference between the day-to-day constitution and the bigger constitution that he is talking about?
John Stevenson
It is an accepted part of our constitution that the monarch does not actually veto any of the laws passed by Parliament.
As a Conservative, I believe that all those who make the law should be elected and that those who have the right to vote should also have the right to seek election, with the opportunity to make laws or govern.
Louise Mensch
My hon. Friend is being very generous in giving way again. If he believes that people should be elected and should be accountable to the electorate, will he not reject a system whereby people are elected for a 15-year term, but never have to face the electorate ever again?
John Stevenson
The most important part is that there is democratic legitimacy, whereby the people who make laws in this country are elected.
I am aware of the arguments for the present arrangement that the other place is more varied in background and that it is a place of greater expertise. I do not accept this. The average age in the other place is 70. There are more in their 90s than there are under-40s, and around 44% have a political or local authority background. Undoubtedly, there is expertise in the other place, but it is not reactive to, or representative of, the electorate.
As for the make-up of the other place, it is overwhelmingly geared towards the south of England. Where is the representation of Scotland, Wales or the north of England? Representative it is not. We need to ensure proper regional representation so that the views of all parts of the country are heard in the second Chamber. As to the principles of a functioning Parliament, let us not delude ourselves that the present arrangements are satisfactory for us in this place. Arguably, because of the current arrangements for the House of Lords, we have weakened our own Chamber as an instrument of legislature.
Jim Dowd (Lewisham West and Penge) (Lab)
The hon. Gentleman is being astonishingly generous with his time. I am following his arguments closely, but would he say that because we do not elect our second Chamber, this country is not a fully functioning democracy?
John Stevenson
I would accept that argument, as I believe all parts of our constitution should be elected.
I ask how many amendments the Government accept from Opposition Front-Bench or Back-Bench Members, or even from Government Back-Bench Members. In the other place, amendments are often considered and accepted even when they are similar to those proposed and rejected in this place. It is time that this Chamber asserted itself more, and I believe that House of Lords reform will help to achieve that. There are concerns that this Chamber would be diminished as a result of reform and that a more assertive House of Lords with an electoral mandate would threaten this place. My view is that Parliament as a whole would be more assertive as a result of these reforms, and it is the Executive who should be concerned about an empowered legislature. In a country that is overly centralised and dominated by a powerful Executive, that would be no bad thing.
On the issue of practicality, as I alluded to earlier, the Bill is one of compromise. Specific aspects of it will undoubtedly be debated in great detail and there will be further opportunities in Committee to do that and to amend the Bill. This Second Reading is very much about the general thrust of the Bill, however, so I would like to touch on a few points.
The powers of the House of Lords will largely remain unchanged. The Lords will still have the power to introduce and amend legislation; what will undoubtedly change will be the conventions of Parliament. The conventions have been changing continually for decades, however, and will continue to do so. As I said at the outset, constitutional change develops slowly in this country. Even if this Bill becomes an Act, it will be another 12 to 15 years before it is implemented fully.
There is no doubt that, over time, the other place will become more assertive towards the Executive and, indeed, this Chamber, but that is not necessarily a bad thing for our democracy. I believe we will end up with less but better legislation. The terms of the Lords would be limited to 15 years, elected in thirds at the same time as the general election. This means a peerage will no longer be a lifetime gift, but the terms will be lengthy enough to ensure that a long-term view is taken. I believe that that is correct—and certainly better than the average 26-year tenure of a present peer. The fact remains that the House of Lords is over-filled, under-representative and under-mandated. This Bill will provide a 100-year overview solution to these problems.
Let us strengthen Parliament, not the Executive. Let us improve, not weaken our democracy. Let us pass this Bill, ending 100 years of debate and, in 2025, on the conclusion of these reforms, we will be able to reflect on a more vibrant, assertive Parliament of which our country can be proud.
Jim Dowd (Lewisham West and Penge) (Lab)
I shall break with the traditions of this Chamber by being brief and by trying not to repeat what others have already said. One of the earliest speakers supporting the Bill today said something like, “If you are a democrat, you have to vote for this Bill”. That embodies the attitude and the arrogance of some of those who are seeking to advance this Bill. I believe that it is possible to be a democrat and disagree with people. That is entirely the nature and essence of this Chamber and everything it stands for. It says on the cover that this is the House of Lords Reform Bill, but I prefer to call it “a horse designed by a Committee that failed to produce a camel Bill”. It has been cobbled together for a variety of different and often conflicting reasons and then presented before us as a fait accompli.
I take the oldest of old Labour positions on the House of Lords. My party believed for the overwhelming majority of the 20th century that the place should be abolished. However, I understand that we cannot do that on our own. A similar Bill was tested in the previous Parliament and there was no majority then; I suggest that the majority has subsequently decreased still further in this Parliament. This reform has to be coupled with the whole question of Parliament and its purposes. We cannot take one part of our democratic institutions and take it in isolation. That is why so many attempts to reform the House of Lords have run into the sand—because we have taken just one element of Parliament and tried to pursue reforming it on its own.
Let us consider some of the changes introduced over the last 15 years or so that have had significant effects. Devolution to what we call the nations—Scotland, Wales and Northern Ireland—is one example. That has happened, but I still think the English question has not been resolved and will need to be addressed in some detail in the not-too-distant future. To be perfectly frank—I do not wish to be parochial—I think that doing that would be a far better use of this House’s time now than would pursuing this pipedream that has been put before us.
We have seen the advent of draft Bills and we have seen the development of programme motions, about which I shall say more in a moment. Of course, at the time of their introduction by a Labour Government, the Conservatives and Liberals fought it tooth and nail, telling us how awful and what a denial of democracy it was, but we knew—I was in the Government Whips Office then—that as soon as they had the chance to use them, they would use them, and use them mercilessly. [Interruption.] The hon. Member for Colchester (Sir Bob Russell) seems shocked by such a proposition. I realise that he is one of the few members of the Liberal Democratic party who occasionally tell the truth, although normally by accident rather than design, but I assure him that that was what happened.
I hear from the Leader of the House that public reading stages of Bills are likely to be introduced, whatever they may be. A wide range of change is taking place, and we need to deal with the elements of it together. Trying to isolate one part, whether it be the House of Lords or anything else, will virtually ensure that progress cannot be made.
The other bit of arrogance on the part of the proponents of the Bill is their saying, “We have been arguing about this for 100 years, and therefore you must accept this answer. You cannot question it. If you are genuine about reform, you must agree with me.” That is not the way in which a democracy works. I say, “If you are genuine about reform, you must convince me, and convince me without the use of a programme motion.”
That attitude demonstrates the hubris with which the Bill is being pushed by its advocates, and the disdain that they have both for this place and for the people. Having had their fingers burnt to a crisp over the AV referendum, they have adopted another strategy: “As we cannot trust the people to give us the right answer, we are not going to bloody ask them. We are going to tell them what is good for them. That is how we will rebuild trust in Parliament.” I do not think it is.
Jim Dowd
So I should hope. It woke you up, anyway.
To say what the proponents of the Bill are saying is rather like saying, “We are all in favour of improving public health, so when some charlatan comes up with a quack remedy involving blood-letting and leeches, we should all go along with it.” Well, I am not going to go along with it, and I am not going to go along with my Front-Bench team on this occasion. Under the Labour Government, I voted against them just once. I do not offer that as any particular threat—certainly not the silly threat that some so-called Liberal adviser came up with, equating the issue of boundaries with the Bill—but I will tell Opposition Front Benchers this. I voted against the last Labour Government once, on the Bill that became the Constitutional Reform and Governance Act 2010, and on the one occasion when I voted against them, they lost.
This is a serious matter. We should not just tolerate the lowest common denominator; we should reform Parliament—reform all of it. That is how we will regain the trust of the British people.
David Tredinnick (Bosworth) (Con)
Thank you for calling me, Mr Deputy Speaker.
I much enjoyed the contribution of the hon. Member for Lewisham West and Penge (Jim Dowd). I too am a party loyalist, but there is one small difference between us: in my 25 years in the House, I have never voted against my party’s main business. I am proud of that record, and to illustrate the importance of loyalty, I should like to share with the House an exchange of letters between the person whom I used to call “my right hon. Friend the Member for Finchley”—in other words, Mrs Thatcher, as she then was—and my party association chairman, who had the temerity to write to her, on 5 April 1990, complaining about the community charge. On 18 April she wrote back, very commendably, saying:
“I entirely agree with you that splits within the Party only damage ourselves. It is essential that all”—
the word “all” is underlined—
“members of the Party should direct their fire at the real enemy: the Socialists. To do otherwise is… to assist our opponents.”
This is not just a Government Bill; it is a fundamental constitutional Bill. I have underlined the first three words in the next sentence of my speech three times: “I am against an elected Lords.” We have not heard much in this debate about the great history of building up the House of Commons through the 1832 and 1869 Great Reform Bills, although the hon. Member for Stoke-on-Trent Central (Tristram Hunt) and my right hon. Friend the Member for Mid Sussex (Nicholas Soames) did talk about that. We cannot have it both ways. We either have an appointed other place over which the Commons has influence, or we have an elected other place, which will, in the end, compete with us. My hon. Friend the Member for North Wiltshire (Mr Gray), who served in the Army as I did, knows about mission creep. We are going to have Lords creep. The new versions of the Lords will come a-leaping. They will want more power. That is very worrying.
The list system is the worst possible system. How can any of us stand up and talk with a straight face about getting rid of patronage and bringing in a list system? Opposition Members have spoken eloquently about the evils of that, but when we couple it with the absurd proposition of an elected House with 15-year terms, we see that this entire proposal presents an opportunity to get elected and then go and live in the south of France. Those elected would never need to come back, because they will never stand for election again. This is a recipe for lazy peers. Why should anybody want to turn up for that length of time? There is no accountability either.
Martin Horwood (Cheltenham) (LD)
The average term of office in the current House of Lords is 26 years.
David Tredinnick
Well, I am grateful for that intervention.
There is another Bill that solves about half of these problems. I mentioned it in an earlier intervention. It is Lord Steel’s Bill. He is a Liberal Lord, and his Bill give peers the opportunity to retire if they want, which will reduce the numbers. If they do not turn up, they get disqualified. On the criminals issue, the bad guys would be disqualified, too. That Bill therefore deals with at least a third of the problems with this Bill.
I say to those who are dissatisfied with the way in which we get our peers that I personally do not object to former senior politicians going to the Lords, as I think they make an important contribution. If the regional balance is wrong, we do not have to turn the Lords upside down; we could have regional commissions, perhaps, or a debate about allocating peers.
As for the insulting notion that the experts in the Lords are not important, anyone who has attended a debate on health issues in which peers such as Lord Winston or Lord Walton participated will have listened in awe—and the same applies to those with military experience, as has been said. Listening to a Lords debate can be an awesome experience.
We are being told that because Lords reform was in the parties’ manifestos, this Bill has to go through, but we barely touched on the issue in our manifesto. It merely said that we must find some form of consensus. The Steel Bill presents the ideal way to achieve consensus, and therefore to get us out of this corner.
Many years ago, I served on the Anglo-Irish parliamentary forum. I remember talking, in County Tipperary or somewhere else, to Irish Members who suffered two-Member constituencies. Did they like it? They hated it, because they were always campaigning against each other through the whole term. Nothing got done and constituency interests were not paramount.
Let me say a few words about the veiled threat from my new-found Liberal hon. Friends, who occupy what used to be our other Front Bench before it was taken over by them. I forget after which election that happened, but perhaps we will get that Bench back at some point in the future. I say to them, “Please don’t threaten us over the boundary changes that we need. We gave you the AV referendum and it was a straight fight.”
Finally, we must think about the new constituencies—with seven Members and larger than a country, as a colleague put it. Do we really want to superimpose that in our areas? I do not think so. We already have MEPs covering similarly vast areas.
As a party loyalist, I hate doing this—I really do—but I cannot support this Bill. I do not think it is in our national interest or Parliament’s interests, and it is certainly not in my party’s interests.
Mrs Anne McGuire (Stirling) (Lab)
I have listened with great interest to the number of speeches in which we have been told about the expertise in the other place, how wonderful their lordships are and so on. I wonder why, then, when the results of their deliberations in the other place come down here, we rarely accept anything that they say. I think of the most recent example of the Welfare Reform Bill. There was a great deal of expertise over there and nobody in this House, or very few—certainly among those on the Government Benches—listened to them.
I would have thought that the Liberal Democrats would have been able to come up with a better Bill than this; after all, they have been thinking about it for 101 years. I feel as though I am at a seminar about the Parliament Act. We are talking about an increase in accountability, but in order, apparently, to assuage criticism from those who would argue that the House of Lords should be a forum for the expertise that I have mentioned, which we rarely actually accept in this House, we have before us a proposal to appoint 20% of the new Chamber. This morning, I received the document I am holding, “Lords reform: a guide for MPs”, to which some distinguished colleagues have contributed. As well as a hybrid Chamber and a new electoral system—many other colleagues have mentioned this—we have before us, in this supporting document, the statement that
“members elected in large, multi-member regional constituencies would be able to take a more strategic view of the needs of a whole part of the country. They would not be expected or resourced to take up a litany of individual cases on behalf of constituents”.
I come from Scotland, where we have regional MSPs. I can see my colleagues from Wales nodding in agreement with what they anticipate I am about to say. The reality is that if a politician is shown an electorate, they will react like a politician. They will not say, “Sorry, I cannot deal with that, because I have been elected for 15 years and I am not going to be re-elected.” Of course they will be politicians, and that is what they will do.
I have been in this place for 15 years, which is a long, long time in politics. Many of the people who came in with me are no longer here. I say to those Government Members who think they will still be here in 15 years: in your dreams. I am not talking about your dreams, Madam Deputy Speaker, because I know that you do not dream about the Government Benches.
The Deputy Prime Minister made great play of the new House of Lords, new Senate, or whatever on earth we are going to call it, having greater regional and national representation. He obviously has not looked at or seen the implications of what Lord Strathclyde has said about the way in which it is expected these that new Senators or Members of the House of Lords will operate; as the Joint Committee also said, the new situation should allow individuals to “maintain relevant professional expertise”. The Government have also said that the
“appointed members and elected members should be able to vary their level of participation…so that they can maintain outside occupations”.
So I say to the House: how on earth is an elected Member of the House of Lords from Newcastle, from Scotland or from north of the inner circle of London going to be able to maintain another job and still attend the House of Lords? It is utter nonsense.
Jim Shannon (Strangford) (DUP)
Does the right hon. Lady share my concern, and that of many in this House, that the number of representatives from Northern Ireland is to total three in each period of the legislative change? Does she agree that the history and culture of Northern Ireland, and the sense of self that its people have, is not represented totally in the reform put forward by the coalition?
Mrs McGuire
The hon. Gentleman makes a very good point. I do not think that the current House of Lords accurately reflects the diversity of the United Kingdom. Although we think that there are Scots everywhere, there are probably fewer Scots in the House of Lords than there ought to be given the percentage of the population—[Interruption.] That is probably so in the House of Lords.
Let me make one or two points which I do not think have been adequately covered. My right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) makes a very valid point about bishops in the House of Lords. The issue is controversial but, frankly, I do not agree that removing bishops from the House of Lords means that we are automatically talking about the disestablishment of the Church of England. If the establishment of the Church of England depends on 12 bishops sitting in the House of Lords, it is in a worse state than the Archbishop of Canterbury thinks that it is.
There has been a bit of a myth put around for most of the day that the Labour party has always been interested in changing the House of Lords. It has been highlighted that many of our policies related more to abolition than to reform, but the reality is that we have always been more interested in the powers of the House of Lords than in its composition. We have not had any discussion about the powers today. If we change the form of election to the other Chamber, we will change unalterably the balance of the relationship between this House and a second Chamber. We cannot move away from that and no matter how often the Government mention the Parliament Act, it just will not wash. We cannot have a modern constitution for the 21st century based on the relationships in the 1911 Act and we must be far more realistic about the implications of the proposals.
I will vote in favour of Second Reading tomorrow, because I believe in the reform of the House of Lords and this is the only game in town at the moment, but I will also vote against the programme motion on the grounds that perhaps, as the discussion and conversation goes on this House, the Government will have the time to reflect and will knock some sense into the head of the Deputy Prime Minister.
Angie Bray (Ealing Central and Acton) (Con)
I congratulate the right hon. Member for Stirling (Mrs McGuire) on a terrific speech. It is an honour to follow her.
I had rather hoped this day would not come, as this is the first time that a Government Bill has presented me with a dilemma. House of Lords reform is not a dilemma for my constituents and, in fact, it simply is not of any interest to them whatsoever, judging by the number of communications I have received. There are far more pressing issues facing my constituents during these difficult times and I very much get the impression that they think we should be focusing on those rather than what they see as a distant and rather arcane constitutional matter. House of Lords reform has not been raised with me on the doorsteps in Ealing and Acton either before or since the election two years ago, but the Government have chosen to make it a priority and we must therefore spend time on it. It needs thorough consideration, however, because its impact would have major consequences.
The first of those consequences is cost. The proposal for an elected House of Lords would not only impose yet another tier of elected politicians, creating a sixth elected tier in London, but be an added cost for which taxpayers will have to pay. As night follows day and as with all elected politicians, the costs will soon start to escalate. I should know. As one of the first Greater London authority members, I remember how Londoners were promised that the new GLA would cost them just a few pence a week, but by the time we had employed personal assistants and researchers for every member, as well as a chief of staff and a press officer for each group, with an expanding secretariat to serve them, up, up, up went the cost. We all know that the costs for the proposed elected House of Lords are already expected to be considerably more than the current costs over each five-year period.
The second consequence would be on accountability. Does the Bill provide for a more accountable and less remote second Chamber? Does it indeed provide for an elected second Chamber that ticks all the boxes for those who want an elected second Chamber? My answer to both questions is no. It proposes a party list system for candidate selection attached to large regional areas. That, to me at least, is appointment by another name. Those who are favourites with the party bosses will go higher on the list—we all know that—and representing a huge nominal region will hardly bring them closer to us either.
Then there is the bizarre idea that Members of the House of Lords should serve a 15-year term, and no returns. That means that they could not be rejected at the ballot box for doing a lousy 15-year job, which is surely a measure for mediocrity. Meanwhile, we will be losing a huge range of expertise covering so many different fields—law, medicine, military matters, health, charities, education. I could easily go on. Many of those experts are not natural politicians and they would not wish to seek election.
Mr Frank Field
If we had the time, we could discuss alternatives such as the big interests being represented. Let us consider those interests. All the organisations that the hon. Lady has mentioned had the franchise and elected their leadership long before we had universal franchise for parliamentary elections.
Angie Bray
That is an extremely interesting point, but all those things need much more consultation than they are getting at the moment.
I want to comment finally on the future governance of this country. That may not seem to be a big issue right now, but one day it will be—when a newly elected House of Lords decides that primacy should no longer be hogged by this House. After all, Members of the Lords would be elected too and should be given their due recognition. At that point lies gridlock, when the two Houses come to different views on legislation, just as happens on occasion in the United States.
At that point, too, lies a terrible car crash. The House of Lords would no longer be a revising Chamber with a clear view of its role in the parliamentary process; it would be a House ready to assert its newly acquired status as an alternative elected House and would demand an equal role. As things are, people know that they vote for their Government via electing their MPs. Instead of clarity, the proposed changes would simply create confusion.
I am not against any reform. Every institution needs to be refreshed and reformed from time to time, as does the House of Lords. Even now, there are entirely sensible, reasonable and practical reforms on the table, thanks to the Liberal Democrat Lord Steel, which would reduce numbers, enforce proper attendance and ensure that those who fell foul of the law were excluded. They would answer many of the problems that we all agree exist in the House of Lords, so why are we intent on taking the place completely apart, even as the constitutional arrangements continue to work?
This is very difficult for me. I have always supported the Government, on every vote, and I continue to be proud of their many achievements. I also want to put on record my admiration for the work of my right hon. Friend the Minister for the Cabinet Office and Paymaster General, who is doing brilliant work in the Cabinet Office on behalf of the taxpayer. I have very much enjoyed being part of his team. It is very disappointing that the other half of the Cabinet Office is in charge of this legislation.
The Bill has the feel of back-of-the-fag-packet legislation, got up in a hurry to meet a timetable. I cannot stop myself thinking that we are being asked to support the dismantling of a crucial part of our constitution for a short-term political fix. I simply cannot do that.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
It is a pleasure to have the opportunity to speak briefly in the debate. I note the number of Members who are still seeking to catch your eye, Madam Deputy Speaker, and who will no doubt be seeking to do so tomorrow. A six-minute limit underlines the importance that many of us attach to the Bill and the fact that there is genuine concern about the time that we will be able to spend discussing some of these important issues.
As it happens, my views are probably not as strong as some of those expressed today by eminent and experienced Members on both sides of the House, and on both sides of the debate on the other side of the House. I perhaps find myself slightly in sympathy with my right hon. Friend the Member for Salford and Eccles (Hazel Blears) and the hon. Member for Ealing Central and Acton (Angie Bray), wondering how much the Bill is a distraction from more important issues. It is certainly not something that has been raised particularly by my constituents at surgeries or on the doorstep in recent times.
Anna Soubry
Does the hon. Gentleman not agree with me, though, from his experience on the doorstep, that a lot of people are disaffected and cynical about politics, and does he not think that one of the reasons for that is that we have an unelected House of Lords?
Tom Greatrex
I think there are many more fundamental reasons why people are disappointed in politics.
Before coming to the Chamber this afternoon—I have been here since the debate started—I checked and found that two constituents have contacted me about House of Lords reform and implored me to support it. At the end of the letter—they are identical—it says:
“All I ask is for you to do one simple thing; keep to your manifesto commitment and vote in favour of reforming the House of Lords.”
I do not know whether other hon. Members have received that letter. One was sent to me by a Liberal Democrat councillor—well, he was a Liberal Democrat councillor; he lost his seat in my ward earlier this year and was replaced by the excellent Labour candidate—and I presume that the other was from the other Liberal Democrat in Cambuslang. So we know that there are some people for whom this is a big issue.
In view of the lack of time, I shall not draw the House’s attention too much to the idea of being urged to keep one’s manifesto commitments by Liberal Democrats, given their recent past. However, the lack of demonstrable public interest does not mean that House of Lords reform is not important. It is important, and the consequences of the Bill and their impact on the governance of the country as a whole are such that it is important that we ensure that two things happen: first, that the Bill is properly scrutinised and, secondly, that public support is tested in a referendum, just as many significant constitutional changes have been in recent years. Given that Bill will have an impact on the relationship between the two Houses of Parliament, that referendum is fundamentally important.
A range of concerns about the Bill need to be properly discussed in Committee. Many hon. Members have expressed real concern about the 15-year term, the list system and, in particular, the inadequacy of clause 2, which deals with the relationship between the two Houses. The hon. Member for Caithness, Sutherland and Easter Ross (John Thurso) was admirably naive to suggest that there would not be some sort of mission creep from the Lords. As others who have experience of regional list MSPs will know, it does not matter what is set out in the code; behaviour is something quite different.
I wish to air two issues that have not been touched on much so far. The first is regional representation. The proponents of the Bill have made much of the idea that it will enable real and effective regional representation within the second Chamber. Those who spend a lot more time considering these matters than I do know that that is a widely accepted role for second Chambers in other countries. Schedule 2 to the Bill sets out the formula for the allocation of the elected peers: in each of the three elections, Scotland gets 10, Wales gets six, Northern Ireland three, and England 101. Thus, after the first set of elections, the combined strength of Scotland and Northern Ireland plus four of the Welsh representatives would be needed to outweigh the south-east of England.
That formula is based on population share and, in that sense, it is perfectly understandable, but it does not mean that the reformed House will represent the regional balance, as some have suggested. In the United States, California gets no more senators than Wyoming, even though its population is 66 times larger—that is pure regionalism. Germany has a different structure, with a minimum number of sets and then an additional number, according to population share, up to a maximum. As the constitution unit notes, Germany is one of the few countries without pressure to change its second chamber. If the proposals in the Bill are to be held up as a model of regional representation, those issues need to be looked at.
Secondly, part 4 of the Bill contains the clauses dealing with the number of bishops in the second Chamber. Over time, their number will be reduced. I think the bishops in the House of Lords bring a different perspective. I am a great admirer of the Archbishop of York, whose experience in Uganda brings something different to debates. It seems that the remaining bishops are to be among the 20% of Members of the new House who are appointed. Why, though, do we not get rid of all the bishops, as some have advocated, or if they are to be appointed Members, why do we not ensure representation from other faiths? There are Anglicans, Roman Catholics, Methodists, Presbyterians, Quakers, Baptists, members of the Free Church and many others, and those are just Christians. Should we not ensure that Jews, Muslims, Sikhs, Hindus, Buddhists and others are properly reflected among the Members appointed to the new Chamber? Could we not make space for a Catholic Cardinal or the Chief Rabbi?
I raise those two issues because they are issues that many people will not see as being of primary importance as the debate goes forward, but they are two important aspects of the composition of the second Chamber that could be the casualty of the programme motion.
Tom Greatrex
I thank my hon. Friend for his intervention. The point that I am making is that these are issues that people will seek to discuss during the Committee stage that are not of primary importance. They may be secondary to other issues that have been raised during the debate today and it is imperative that there is proper time to consider all those issues. One of my frustrations since entering the House is that on a much smaller constitutional Bill that was taken on the Floor of the House, the Scotland Bill, there were a number of issues that we never discussed because we ran out of time. We cannot allow that to happen with this Bill so it is imperative that we have enough time. People will ask how many days that means. It means that it takes as long as it takes to deal with all the issues to get the Bill in the best possible form before it proceeds to the Lords.
Following on from my hon. Friend the Member for Lewisham West and Penge (Jim Dowd), the Government would do well to stop using the line that we have been talking about the subject for 100 years. We have not been talking about this Bill for 100 years. There are big issues in the Bill that we need to get right. We need enough time to get them right if the Bill is to have any chance of taking us forward.
Nadhim Zahawi (Stratford-on-Avon) (Con)
Thank you, Madam Deputy Speaker, for your patience and generosity. I had to sprint across to St Thomas’s, where my wife is having a scan. We are expecting our third child.
The supporters of the Bill would have the country believe that those who are opposed to it are opponents of democracy itself. Today I stand to refute that ugly caricature. No one in the House is more committed to British democracy than I. My family emigrated to Britain from an Iraq where democracy was spoken of only behind closed doors, late at night, among trusted friends. Compared to the brutal realities of Saddam’s rule, democracy was an abstract dream. Yet here in Britain there was a constitutional order which made democracy real, concrete, embedded in the very fabric of our national life.
Here was a judiciary—unelected, I grant you—which interpreted the law in the interests of the public, not of the ruling party. Here was a Queen—again, unelected—whose impregnable position as Head of State made sure that no politician could ever wield supreme power. And here also was the oldest and greatest of Parliaments, an elected House of Commons to embody the will of the people, and an appointed House of Lords to stand as a check against the tyranny of the majority.
Jesse Norman
Does my hon. Friend share my view that it is in the balance of these extraordinary institutions and in their distinctive history that so much of the genius of our history has been located?
Nadhim Zahawi
That is exactly right. I thank my hon. Friend for that intervention. This is exactly the constitution that I believe in and this is the constitution that I will defend. This is not, as my hon. Friend the Minister with responsibility for political and constitutional reform has said, some “silly game”.
If recent events in the Arab world have shown us anything, it is that democracy is not just about holding elections. It is also about building institutions which ensure that the whole of society is represented, regardless of who is in power. The question that we should ask ourselves today is whether British society will be better represented by 360 more career politicians accountable to no one but their party.
I am not complacent about the state of our democracy. I know that Parliament currently faces a crisis of legitimacy in the eyes of the country, but the cause of that crisis is not the other place. No. It is that deeply damaging sense that politicians here, in this House, are out of touch.
Mr Graham Stuart (Beverley and Holderness) (Con)
Does my hon. Friend agree that reforming the other place will not solve the problems of reforming this place? This House needs to be more effective in holding the Executive to account. Making changes down the road, with who knows what outcome, is not the answer. We must reform this House and ensure that the other House serves by revising our legislation, rather than undermining the democratic supremacy of this House.
Nadhim Zahawi
My hon. Friend is absolutely right. One of the reasons why we in this place are perceived to be out of touch is that people feel that we put the interests of party before those of our country, that we care more about securing a party political legacy than about growth capital for our businesses or good local schools for our children. The public want a Parliament that legislates well and in the national interest, and they want MPs who are on their side and up to the job. They do not want to see, and certainly do not want to pay for, more politicians and more party patronage.
I have conducted new scientific polling that shows that 60% of the public are opposed to spending more money on politicians and elections, yet that is what the Bill offers them. If we are really to fix Parliament, we must give it the tools to legislate better. Let us strengthen the role of Select Committees and give more time for Back-Bench business. Let us not solve the problem of a broken legislature by making it harder to legislate. Let us not inflame the deep mistrust of party politics by bringing in a system that hands more power over to the party machine.
I am a loyal critic of the other place. The White Paper states that it performs its role of scrutiny and revision with “distinction”, yet I know that there is much that we could do to improve it. We could reduce the number of peers, abolish prime ministerial patronage, remove the final hereditary peers and increase the professional expertise that already makes such a great contribution to the quality of parliamentary debate. I have argued, and will continue to argue, for all this and more, but subverting the primacy of the Commons is not the answer to reform.
The Government know that it would be impossible to write into law the conventions governing the relationship between the Lords and Commons. As a result, the only protection against legislative gridlock between the two Houses would be the good faith of the new senators. We would have to require 360 career politicians to promise not to use their new democratic mandate to oppose the will of the Commons. If one day in the future this House is legislating on military action or an emergency Budget, for example—situations in which time is of the essence—we would run the risk of a costly delay as our new senators discover the power and publicity that this mandate conferred. Of course, we could always use the Parliament Acts to ram a Bill through this new House of senators, but that hardly seems to signify a new era of democratic accountability to me. Indeed, how ironic that the supporters of a Bill for reforming our democracy are refusing to take their argument to the country.
The claim that the choice was put to the public at the general election does not hold up either. Where was the choice when all the main parties offered it in their manifestos? The polling overwhelmingly shows that an elected House of Lords is not a priority. Does it stretch belief that voting intentions may have been dictated largely by what our parties were promising to do on the economy and public services, rather than on constitutional reform? A referendum would ensure that the public have all the facts before making their choice known. In the same polling I quoted earlier, even Liberal Democrat support for these proposals fell to just 29% once the costs of elections were factored in.
I know that many colleagues will have been urged to express their concerns on Third Reading, but those suggesting that approach are being disingenuous at best. Unless a referendum clause is added now, there is no guarantee that it will be added later and, with a combination of the Parliament Acts being used and Opposition Members saying that they will support the Bill on Second and Third Reading, there is little chance that a Back-Bench amendment would be successful. The only way that the views of hon. Members would be heard and debated properly is if we vote against the programme motion and, in the absence of a referendum clause, vote against the Bill’s Second Reading. Anything else is merely a protest vote, not one that will make a difference.
Ian Lucas (Wrexham) (Lab)
The House of Lords has more than 800 Members, and that is far too many; it has Members who are there simply because of who their fathers were; and in this Parliament it has had so many Liberal Democrats from Wales appointed to it that it sometimes seems there is none left to populate the Assembly. The House of Lords therefore needs reform, and for that reason I will vote to support the Bill’s Second Reading tomorrow. If there is no reform with this Bill, there will be no reform in this Parliament.
I will vote against the Government’s programme motion, however, because the time that it allocates is wholly inadequate. This Bill is so important to all aspects of our parliamentary system that it must be considered in its entirety, and all Members who have views that they want to express should be permitted to do so.
I specifically asked the Whips to maintain strong opposition to any programme motion for this Bill primarily because of the Government’s appalling behaviour in respect of the Parliamentary Voting System and Constituencies Act 2011. By their deeds shall ye know them. I spent a great deal of time in this Chamber waiting to speak on the aspects of that legislation which affected our constitution, and on the relationship between Wales and the United Kingdom, but, in the words of the great Diana Ross, “I’m still waiting”, and I have no doubt that if this programme motion is passed I will have no opportunity to make my views known on the profound inadequacies of this Bill.
My fundamental view is that it makes no sense to undertake such a profound review of the second Chamber without taking into account the massive constitutional change of devolution. It is high time that we approached constitutional reform in a holistic way. Every change to a part of our constitution affects the whole, and we currently have more inquiries and commissions on different aspects of our constitution than I can ever recall. We should scrap the lot and undertake a single constitutional review, looking at the procedures of the House of Commons, the House of Lords and the devolved authorities, with the aim of arriving at a single, settled constitution.
If there is one lesson to be learned from devolution, it is that it opens a Pandora’s box of proposals to change the powers of the body it has created: the Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly and the London Assembly all pressed to change their powers immediately upon being provided with them. I have no doubt that any change to the second Chamber will lead to exactly the same process, unless it is accompanied by a constitution defining its powers. That is a massive flaw in the Bill.
Mr MacNeil
The hon. Gentleman says that the Scottish Parliament looked for a change of powers immediately upon its creation, but that is not true. In its first eight years it was run by an unambitious Labour-Liberal Democrat Government and did not look for any change to its powers. It is only now, with an ambitious Scottish National party Government looking for further powers, that that is happening.
Ian Lucas
That statement is simply untrue. There was further devolution to the Scottish Parliament and to the National Assembly for Wales, and it happened throughout the course of devolution’s development in the United Kingdom.
There are further flaws in the Bill which we need to discuss. Creating separate types of Member of the second Chamber is wrong: having elected Members, appointed Members and bishops will create confusion and undermine the democratic principle. Having bishops as Members is wrong, too. Giving precedence to Church of England clerics is an extraordinary thing to do, and it is even more inexplicable on this very day, when the Church of England has decided not to appoint women bishops. Is not having such a clause in the Bill a breach of the European convention on human rights? Will the Minister give a specific response on that point?
As my hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex) said, little consideration has been given to the proportion of elected Members allocated to each part of the United Kingdom. It appears to have been done on a purely mathematical basis that takes no account of the different nations within the UK. That point was well made by Dr Paul Behrens of the university of Leicester, who refers to the very different approaches taken in the United States and German constitutions.
The use of the 15-year term that many Members have mentioned is appalling, and I am amazed that it has survived from the draft Bill. I have not spoken to anyone who supports it, and I was astonished to hear one or two Members do so even though they are in a tiny minority. It is a recipe for the creation of isolated, narcissistic Members of a second Chamber who will have no connection whatever to the real world.
Those are just a few of my concerns on the specifics of the Bill; I have many more and I am sure that more will occur to me as we discuss the matter. I have no doubt that further issues will arise when the Bill is considered in detail, because it is a bad, bad Bill—badly drafted, badly drawn and based on a compromise that is not working. My concern is that proper consideration will not take place because of the inadequacy of the time that is allocated. The result will be a very bad Bill going to the Lords, where it will no doubt be scrutinised at greater length, and the reputation of the House of Commons will be diminished still further.
Sir Alan Beith
I was here for the earlier part of the debate as well.
The hon. Gentleman has declared that he is in favour of reform. He cannot be so naive as not to realise that if there is no timetable, those whose objective is not to have any reform along these lines will talk and talk to try to drive the Bill out. Is he going to suggest a better timetable to those on his Front Bench?
Ian Lucas
It is quite something to be patronised by the right hon. Gentleman. I understand the position on parliamentary procedure. I also understand that the Liberal Democrats suppressed my right to have my say about my constituency on behalf of my constituents when the Minister stood at the Dispatch Box and denied the people of Wales the opportunity to discuss a fundamental constitutional reform. I therefore know that I cannot rely on him or his colleagues to allow me to speak on behalf of my constituents. The only way I will secure enough time so to do is to vote against the programme motion, as I certainly will on the basis of the appalling behaviour of Members on the Liberal Democrat Benches.
Dan Byles (North Warwickshire) (Con)
It is an honour and a privilege to speak in a debate of such fundamental importance. We have heard some truly fascinating speeches from Members on both sides of the House. I personally take the view that the weight of argument is firmly on the side of those who do not support the Bill, but we have heard some interesting speeches across the board. It is a particular honour to sit next to my hon. Friend the Member for Ealing Central and Acton (Angie Bray), who made what must have been a particularly difficult speech.
The economy is struggling, the eurozone is tanking, the banks are in crisis, and Syria is burning. Our constituents must be blinking in bewilderment at the time, effort and political energy being expended—
Mr MacNeil
Has the hon. Gentleman made many speeches in this House on those subjects, or is he just here to talk about House of Lords reform?
Dan Byles
If the hon. Gentleman will forgive me, I am here today to speak about this extremely important issue, but I speak regularly in this Chamber about key events and intervene in others. I am not one of those Members who chalks up short speeches on TheyWorkForYou and then judges themselves by the number of speeches they have made rather than their quality.
As I said, our constituents are blinking in bewilderment at the amount of time we are spending discussing this issue, but discuss it we must—[Interruption.]
Madam Deputy Speaker (Dawn Primarolo)
Mr MacNeil, I have had enough. You keep interrupting everybody. This debate has been going on all day. I ask you to sit there quietly and stop trying to disrupt other people’s speeches.
Dan Byles
Thank you, Madam Deputy Speaker.
Discuss this issue we must. Most Conservative Members are of the view that we would rather not, but if we have to it must be discussed fully and properly. This is a fundamental and irreversible constitutional change. It is not normal Government business. The idea that such a change should be rammed through with the routine whipping and programming is unthinkable.
The Bill is not about democracy. Too many people who support it seem to think that simply using the word “democracy” shuts down the debate. That is not the case. I was a soldier for nine years. I took the Queen’s commission and served Her Majesty. I was taught at the Royal Military Academy Sandhurst and the Royal Military College at Shrivenham to uphold and preserve democracy and the rule of law, which I do. I challenge anybody in this Chamber to tell me that I do not support democracy. That I support it does not mean that I must support the Bill.
My hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) described eloquently our complex and ancient constitution. The right hon. Member for Birkenhead (Mr Field) made a passionate speech on the nature of the upper House and its specific and unique role in our constitution, which does not automatically require that its Members be elected. I was rather hoping that I would be called to speak immediately after him, because I would have been tempted to say, “What he said,” and sit down.
My hon. Friend the Member for Carlisle (John Stevenson) ran through a list of other parts of our system that are elected. Interestingly, I have the same list in my speech in order to make the opposite point. My constituents already have the opportunity to elect every level of government. They elect parish councillors, borough councillors, county councillors, Members of Parliament and MEPs. They elect their Government when they elect their MP. That is our system. If we move, in an ill-thought-out way, to a system in which they also elect, in a manner of speaking—I am not a fan of this system of proportional representation—Members of the other place, which House will form the Government? That system will result in confusion and chaos.
This change is being imposed. There is no suggestion that it will go to the people in a referendum, unlike the question of whether the people of Coventry want an elected mayor, as numerous colleagues have pointed out. Apparently, this fundamental change to the constitution of our country is not suitable for a referendum. The people who want to impose this fundamental change should at least come to the House to explain what the upper Chamber is supposed to do, what it is about the current system that is failing to achieve that end and how the proposals will achieve that end better.
It seems to me that the Bill fails in what it sets out to achieve. It will not make the upper House more accountable. I will not repeat the arguments involving the party list system and the 15-year terms, but the new Members will not be accountable. The Bill will not end the Prime Minister’s right of patronage. Ministerial Members will be appointed by the Prime Minister, not by an independent appointments commission, and he will be able to appoint as many of them as he wants. As long as fewer than eight of them are serving as Ministers at the time, he can appoint more. He can appoint eight on day one. If they all resign on day two, he can appoint eight more. He can do that every day. The power of parliamentary patronage is therefore still there. That means that it will not be an 80% elected Chamber. If each Prime Minister appoints only eight ministerial Members in each Parliament and they stay for three Parliaments, it will be a 74% elected Chamber. Let us call it what it is. And that is ignoring the Lords Spiritual.
Jesse Norman
Has my hon. Friend raised that topic with the Ministers who are responsible for constitutional affairs? I would be very interested to hear what the answer was.
Dan Byles
My hon. Friend is being naughty, because he knows that I have. He knows that there was some confusion in the Ministers’ office about how many times the Prime Minister could appoint eight ministerial Members. At one point, it was suggested that they could appoint only eight per Parliament. However, a constitutional expert in the upper House, whom I shall not name because I have not asked his permission, assures me that as the Bill is written, there is no limit on the number of ministerial Members who can be appointed.
The scope for constitutional deadlock that the Bill will bring about has been described at great length and with eloquence. Those who want us to give the other place what they see as more democratic legitimacy cannot run away from the fact that it will want to use and exert that legitimacy.
I am pleased that the Deputy Prime Minister is back in his place, because I would like to pick up on one of his points, if he is listening. He is not. He was naughty in his opening speech when he discussed the potential costs of the reform, because he included the costs of reducing the size of this place. The House will know that that was in entirely separate legislation that will be on the statute book regardless of whether this Bill is accepted. That reduction should form the baseline from which the costs of the Bill are judged.
I stood on a manifesto commitment to seek consensus on House of Lords reform. It is quite clear that that consensus has not been reached. When the Joint Committee, in an unprecedented move, issued a minority report signed by almost half its members urging that a constitutional convention be set up, because this matter was too important to be left to grubby political horse-trading, people should have sat up and taken notice. That is why I cannot support the Bill and certainly cannot support the programme motion.
Angela Smith (Penistone and Stocksbridge) (Lab)
Today’s debate has been passionate and knowledgeable, and it will stand as a fine example of the House at its best. We have heard numerous excellent contributions from right hon. and hon. Members, and we have heard a range of differing views from all parts of the House—some were in favour of the Bill and some against, but most speakers acknowledged that in the name of parliamentary democracy the proposals in it needed to feel the heat of Members’ thorough scrutiny.
Labour Members can be proud of an unmatched record on reform, as my right hon. Friend the Member for Tooting (Sadiq Khan) made clear at the beginning of the debate. We have introduced many of the changes in the relationship between this House and the House of Lords, and we are proud to be the party of reform. The House of Lords Act 1999 finally removed the hereditary principle from membership of the second Chamber. Interestingly, the decision elicited this response from the then Leader of the Opposition, the current Foreign Secretary,
“let me make it clear…that we believe it is wrong to embark on fundamental change to the Parliament of this country without any idea where that will lead.”—[Official Report, 2 December 1998; Vol. 321, c. 876.]
It would be interesting to know whether the Foreign Secretary feels the same about the Deputy Prime Minister’s desire to curb parliamentary scrutiny of the Bill. My feeling is that he just might.
The result of the 1999 Act was that, overnight, the size of the other place was reduced from more than 1,300 to just 669. In 2006 we created the post of elected Lord Speaker, separated the judiciary from the Lords by establishing the Supreme Court and created people’s peers—all steps that strengthened our democracy.
It is also important to remember that in 2003 and 2007 Labour initiated votes on whether there should be a fully or partly elected second Chamber. Although the 2003 votes were inconclusive, the 2007 votes favoured a 100% elected second Chamber. The Opposition recognise that vote and believe that the job of Lords reform will not be complete until we have a 100% elected second Chamber. We committed to that in our last manifesto, and we stand by that commitment.
The Deputy Prime Minister agreed with that policy just over a year ago, as my right hon. Friend the Member for Tooting said earlier. I wonder what made him abandon yet another apparently strong belief. Page 88 of the Liberal Democrats’ 2010 manifesto stated that they would:
“Replace the House of Lords with a fully-elected second chamber with considerably fewer members than the current House.”
Despite all that, the Deputy Prime Minister has made proposals for only an 80% elected House—then again, we all know how much the Deputy Prime Minister’s manifesto promises are worth. Leaving that to one side, it should be clear to all Members that the Bill deserves the fullest possible scrutiny, precisely because of issues such as I have mentioned. The Joint Committee was split, and it is clear that a rigorous debate is required before the issue is settled in statute. The House’s task, therefore, is to ensure that the Bill is fit for the long term, fit to endure in our democracy and fit to last a great deal longer than the legacy of its main architect.
Many hon. Members have referred to the primacy of the Commons, including, to mention just a few, my right hon. Friend the Member for Derby South (Margaret Beckett), the hon. Member for Epping Forest (Mrs Laing) and my hon. Friend the Member for Blackley and Broughton (Graham Stringer). It is now 101 years since the Parliament Act 1911, a measure that the House laid before Parliament to curb the powers of the other place. We should consider how emboldened an elected second Chamber might be if it disagrees with the Commons. As my right hon. Friend the Member for Tooting said, clause 2 reasserts the powers of the Parliament Acts, but it is silent on the future power and roles of a reformed Chamber, and relies on the evolution of conventions for the maintenance of Commons primacy. An elected second Chamber could evolve to challenge the conventions. Rigorous debate informed by constitutional expertise is required on Commons primacy. As the Foreign Secretary has said in the past, it is important to know and to try to establish where such measures lead.
The Opposition believe that such a major constitutional change should be put before the British people in a referendum—another hot topic in the debate. The idea was supported by numerous Members, including my hon. Friends the Members for Rutherglen and Hamilton West (Tom Greatrex) and for Dudley North (Ian Austin), and my right hon. Friends the Members for Knowsley (Mr Howarth) and for Kingston upon Hull West and Hessle (Alan Johnson). The last of those made it clear to the House, in his usual straightforward and blunt style, that he is a strong supporter of the reforms, but he also made it very clear that he supports a referendum. If cities can have referendums to decide whether they want a mayor, surely it is right to trust the British people on such a major change to our democracy.
One must be careful that referendums do not undermine the representative nature of our democracy, but there is a strong case for the mechanism when major constitutional change is proposed.
Duncan Hames
The hon. Lady is keen to tell us that the Labour party supports Lords reform and wants a referendum. Will it therefore campaign for a yes vote to deliver House of Lords reform in such a referendum?
Angela Smith
That depends entirely on what the Bill looks like when it is presented to the British people. Hon. Members who have sat through the past seven hours of the debate will realise that the vast majority of Members of the House want the Bill debated thoroughly and amended to make it fit to put before the British people. The Joint Committee agreed unanimously on that point. It remains a mystery to Opposition Members that the party that was so keen to hold a referendum on the alternative vote system is so shy of supporting a referendum to determine the essence of our democracy and our parliamentary institutions. What on earth are they afraid of?
Angela Smith
The hon. Gentleman makes a good point.
The Bill clearly needs improvement if it is to work effectively to strengthen our democracy and our law-making processes. It needs to be informed by rigorous debate and further consideration of constitutional expertise. It needs scrutinising not only in relation to the issues I have already referred to, but in relation to the size of the proposed Chamber, which was mentioned by a large proportion of the Members who contributed to the debate; the proposed length of terms of representation; the transition period; and the voting system for the election of its Members. The Bill currently recommends a semi-open list system, as opposed to the single transferable vote proposed in the draft Bill. Today, however, we have witnessed a lack of clarity about what the numerous variations of proportional representation mean, so once again the need for thorough debate has been firmly underlined.
The Bill proposes the biggest constitutional change our country has seen since the Parliament Act 1911, which is why we need to take care over its progress—we need to get it right. It would damage our democracy if the House were to force through the Bill without adequate debate and scrutiny—an argument that has asserted itself at every twist and turn of this debate. It was mentioned by my hon. Friend the Member for Wrexham (Ian Lucas), my right hon. Friend the Member for Stirling (Mrs McGuire), my hon. Friends the Members for Rhondda (Chris Bryant) and for Stoke-on-Trent Central (Tristram Hunt), my right hon. Friend the Member for Birkenhead (Mr Field), my hon. Friend the Member for Lewisham West and Penge (Jim Dowd) and my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett)—to mention just a few.
My right hon. Friend the Member for Sheffield, Brightside and Hillsborough pointed out that a range of views are present in this debate. The fact of those views absolutely makes the case for a period of thorough scrutiny. I would particularly mention the right hon. Member for Mid Sussex (Nicholas Soames), who pointed out rightly that Members need to read carefully the comments of the Clerk of the House about the reforms, particularly in relation to Commons primacy. That is a really important point. Members need to acquaint themselves with those comments and concerns before making up their minds about the Bill on Third Reading. Moreover, it would help the Bill if the Commons arrived at a consensus on the way forward by hammering out agreed positions via a process of debate and amendment.
The Opposition welcome reform of the House of Lords, and want to secure its progress and conduct the process constructively. My concluding words are therefore directed at the Deputy Prime Minister, who was asked in a letter sent to him last week by a Member of the other place to show a little more respect for our ermine-clad colleagues:
“If the future of one of the key parts of our British Constitution is to be debated in a responsible way, it is surely important that deliberate factual errors and insulting insinuations should not be part of the debate.”
The House is familiar with the cavalier manner that the Deputy Prime Minister deploys when making his arguments, and we are well accustomed to his tendency to exaggerate to make an argument, but today’s debate has underlined the point made by the other place. For the most part, this debate has been good humoured and civilised. He should respond by curbing his excesses and working with colleagues, not against them.
Christopher Pincher (Tamworth) (Con)
The right hon. Member for Tooting (Sadiq Khan) was brilliantly opaque in his view of Labour’s plans for timetabling. Will the hon. Lady be a littler clearer about Labour’s plans for Third Reading? Does she propose to support Third Reading, oppose it or abstain?
Angela Smith
The House needs to decide what are the important principles in the Bill. It needs proper discussion, and we have made it clear that we will work with the Government to ensure that progress is made, but we do not believe it appropriate to pre-programme the timetable. We have been absolutely clear on that.
Many colleagues today have had to curtail their comments because of the time pressures, and it is clear that the appetite for further debate is strong. We support the Second Reading of this far-from-perfect Bill but believe that today’s debate has put it firmly on the record that the House does not wish to give the Bill a swift passage into law, as the Deputy Prime Minister suggested earlier. Rather, it wants thoroughly to scrutinise and improve the Bill and make it fit for presentation to the electorate in a referendum. I, with the rest of the House, look forward to tomorrow’s debate.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
I do not think that any self-imposed injunction on personal and disparaging comments could have been breached quite so promptly as it was by the hon. Member for Penistone and Stocksbridge (Angela Smith) just then, with her reference to my right hon. Friend the Deputy Prime Minister. Nevertheless, this has been a good debate, in which 36 Back Benchers have had the opportunity to speak so far—and of course, it is only half-time.
There has been good support for the Bill—some qualified and some wholehearted—and it has been expressed by many. We have heard good speeches from my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso), my right hon. Friend the Member for Ross, Skye and Lochaber (Mr Kennedy), the right hon. Member for Neath (Mr Hain), and the hon. Members for Nottingham North (Mr Allen), for Stoke-on-Trent Central (Tristram Hunt), for Cities of London and Westminster (Mark Field), for Rhondda (Chris Bryant), for South Thanet (Laura Sandys), for Bishop Auckland (Helen Goodman) and for Carlisle (John Stevenson). Let me single out for special comment the exceptional speech by the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson), who made the important point that what we have before us builds on what the right hon. Member for Blackburn (Mr Straw) started and what Robin Cook produced in conversation with other parties, which is the bedrock of the consensus—which I hope we can still reach—on reform of the House of Lords.
There have also been speeches against the Bill. I am afraid that some have erected straw men so as to knock them down, mentioning things that have simply never been suggested by the Government, but which hon. Members nevertheless felt the need to speak against. However, some speeches were well argued. I would like to single out the hon. Members for Altrincham and Sale West (Mr Brady), for Mid Sussex (Nicholas Soames) and for Ealing Central and Acton (Angie Bray), who I know will have had difficulty making the comments she did today. We can disagree with people but still respect the arguments they put forward. Of course I do not agree with them in opposing the legislation, but I respect the way they put their arguments.
Some Members are simply against an elected House. I respect that, although of course I do not agree with them. It is not what their respective parties put before the electorate—it is not what they said in their manifestos—but it is frankly a pointless endeavour trying to bash round the head someone who is committed to unicameralism, such as the right hon. Members for Derby South (Margaret Beckett) or for Salford and Eccles (Hazel Blears), or the hon. Members for Blackley and Broughton (Graham Stringer) or for Lewisham West and Penge (Jim Dowd). Someone who believes that there should be no second House will not support proposals for reform. I understand that: it is a perfectly proper argument.
Many others appear to think—this is a view shared by many appointed peers—that any system that appointed such exemplars of legislative acuity and perfection as themselves must be an exceedingly good system indeed. I do not necessarily share that view. I have great respect for the quality of much of the work of the present House of Lords—and, indeed, for the quality of many individual peers. However, that is not a sufficient argument for a system that, I believe, is simply not sustainable.
Many Members—particularly, I have to say, those sitting on the Government Benches—are those who I remember railing against the prospect of a House of cronies when we last debated this subject, but they seem content with the idea of a fully appointed House. It is not a view I share.
Mr Jenkin
I remember the hon. Gentleman railing against Governments who impose timetables and guillotines when he was in opposition, so how can he now come to this House and guillotine a constitutional measure—which would have been unthinkable under Winston Churchill, incidentally—which is not going to be subject to a referendum and may be Parliament Acted, so that when it is being scrutinised by the other place, he will have no option but to propose that the same damaged and inadequate Bill go back to the other House, as he tries to force it through?
Mr Heath
I will return to the issue of the programme motion in just a moment, but let me deal first with the rather familiar arguments that have been marshalled.
There are those who say that they are for reform, but not yet. They say it is too precipitate and that there has been insufficient scrutiny. This process has been about as precipitate as the reckless progress of a particularly arthritic slug. We have had what I would describe as pre-legislative scrutiny on this for 101 years. This is not a quick process.
Mr Graham Stuart
Following up the question asked by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), will the hon. Gentleman please answer on the issue of the guillotine? Why, when he was always against it in principle before, is he now in favour of it?
Mr Heath
The right hon. Gentleman says “Do it now.” I asked him dozens of times how long he had waited for this Bill, and he never replied. Not once, so he can pipe down!
Others argue that they want reform, but not now, as there are and always will be other priorities. They are absolutely right that economic issues must be pre-eminent. That is the reason for this coalition Government, but it does not stop the House doing other things, and it never has. It did not prevent this House from passing one of the most important pieces of legislation on social policy we have ever had—the Education Act 1944—in the middle of a world war. I simply do not believe that this House cannot address more than one issue at a time.
A variety of Members said that they want reform, but not this reform. Some have argued that it is a mixture of proposals and not the unadulterated product of a single party’s programme. That is true, but these are the same people who also argue that we have failed to listen to others and that we have failed to reach consensus. We have tried to find common ground between the parties, and that is what is before us today.
Mr George Howarth
Will the Deputy Leader of the House tell us when, during the course of that 101 years that he mentioned, the notion of a 15-year term first came about?
Mr Heath
I will give way to the hon. Lady in a few moments.
We also heard the proposals, from the hon. Member for Epping Forest (Mrs Laing) and others, that we should be going for Lord Steel’s Bill. Lord Steel has put forward some small and valuable proposals, but if anyone honestly believes that those small incremental changes that would put right the legislative incapacity of the previous Government actually address the fundamental constitutional issues about the House of Lords, I have to say that they are fundamentally wrong.
Mr Heath
It might be because we were anticipating 14 days of debate on this measure. The fact that the Government acceded to the majority of the recommendations of the Joint Committee shows that the Government have been prepared to listen.
Some have criticised the voting system, particularly this semi-open list. I made the point in an earlier intervention that that was something that the Labour party asked for. Of course, it asks for something and then it votes against it later, but that is par for the course; we expect that. To those who believe that a list with a voting constituency of millions is not better than a closed list with a voting capacity of one—the Prime Minister of the day, putting forward his or her nominations to the upper House—I have to say that I simply do not accept that argument.
Hazel Blears
Can the Deputy Leader of the House honestly say from the Dispatch Box today that this Bill is genuinely about increasing democracy rather than simply a device to sustain his party as the one holding the balance of power in a second Chamber?
Mr Heath
The right hon. Lady will have to make up her mind. Either the right hon. Lady believes that we are not going to win any seats in the next election, in which case we will not have any seats in the House of Lords under this system—although we would under an appointment system—or the reverse. She cannot have it both ways. I am afraid that there is a slight logical inconsistency in her argument.
The issue of ministerial appointments was raised, and I am happy for us to examine that in Committee. The right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) inveighed against the practice of bringing people in from outside, giving them ministerial posts and putting them in the upper House. I wonder whether he ever had that conversation with Lord Mandelson of Foy and Hartlepool, or with any of the other GOATs who were brought in by the last Government.
Mr Blunkett
The point that I was attempting to make—obviously not successfully—was that those Ministers were brought in as, and remained, Members of Parliament. The Government’s proposals do not allow that. They impose a system which will mean that, for the first time in our constitutional history, Ministers will not be part of and embedded in our Parliament.
Mr Heath
The right hon. Gentleman may not have studied the Bill assiduously enough. It is true that those Ministers will not be there for life: the right hon. Gentleman is right about that. Under the present system they are there for life even when they have clearly outlived their ministerial usefulness.
We heard arguments in favour of secondary election, and I think that that is a perfectly valid debate for us to have in Committee. We also heard arguments about primacy. The hon. Member for Rhondda (Chris Bryant) made what I considered to be a very sensible suggestion about the possibility of a concordat. I thank him for that: it is something that we need to debate.
The hon. Member for Hereford and South Herefordshire (Jesse Norman) asked which legal expert the Government had consulted on clause 2. It was Lord Pannick, who I believe the hon. Gentleman thinks is a very good lawyer indeed.
Jesse Norman
In that case, can the hon. Gentleman explain why the same Lord Pannick has been so devastating in his criticisms that were published this afternoon?
Mr Heath
I do not believe that he has, but that is an argument to which we can return in Committee.
The hon. Member for Winchester (Steve Brine) compared the Deputy Prime Minister with Andy Murray. I think that, if anything, he is more like Jonny Marray, in that he is a champion doubles partner, and on that basis the coalition has been succeeding.
Let me now deal with what I think is one of the most important issues on which we shall have to reach a conclusion tomorrow. There are those, predominantly in the official Opposition, who will vote for the end but not for the means, namely the programme motion. I have long argued, as has my right hon. Friend the Leader of the House, that programme motions should, wherever possible, be arranged by agreement. They should be for the convenience of the House: they should enable debate, not restrict it. That is the way in which we have managed things in this Parliament so far.
I repeatedly asked the right hon. Member for Tooting (Sadiq Khan) how much more time he wanted. He has 10 days for the Committee stage in addition to the two days for Second Reading and the two days for Report, 14 days in all. I asked him repeatedly how many more days he wanted, but answer came there none. The Opposition cannot say how many days they want, because they decided to vote against the programme motion before it had been published or even suggested. I believe that 14 days out of a total of 88—only 88 days are available to the Government for legislative business during a whole year—are sufficient. If the right hon. Gentleman has a proposal, let him come up with it; but if, as I suspect, he has no proposal whatsoever other than a determination to oppose, he is doing his own argument a great disservice.
Chris Bryant
The hon. Gentleman just said that his fundamental principle was that a programme motion should be allowed only when it was for the convenience of the House. If he has not learned from today’s debate that this programme motion is not for the convenience of the House, should he not withdraw it?
Mr Heath
I think that that remains to be seen, but if we are still on clause 1 after 12 days, the House will not have done the Bill justice in its scrutiny.
I have no doubt that the tomorrow’s debate will be argued just as keenly as today’s. I think, and the Government think, that this measure is long overdue, and the polls show that the British public want it. It puts into effect the modest proposition that those who make our laws should be elected by our people, and I commend it to the House.
Mr Speaker
I am sure that we are very grateful to the Deputy Leader of the House. I was sorry that he ended his remarks. We were enjoying them and thinking that they would continue until 10 pm, but they did not.
Ordered, That the debate be now adjourned.—(James Duddridge.)
Debate to be resumed tomorrow.