The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley) (Con)
My Lords, what a fantastic debate this has been, and I congratulate the noble Lord, Lord Wills, on securing it. He is quite right, I did read history at Oxford, but sadly, I clearly was somewhere else—maybe somewhere involving alcohol and thinking about things. It is another sign of my misspent youth; for example, when they were trying to teach us about Aristotle, I missed it.
When I was told there was to be a short debate on the constitution I looked at my officials in bemusement and asked whether this was not a contradiction in terms or actually a physical impossibility. This debate has been excellent; we have covered a lot of ground. I feel as if I have just been hit by the noble Lord, Lord Hunt, with a tidal wave of questions about the constitution.
I remind your Lordships that Walter Bagehot began his seminal work on the constitution by quoting John Stuart Mill, who said that,
“on all great subjects, there still remain many things to be said”.
Of no subject is this more true than the British constitution. Much more remains to be said but I thank all noble Lords for their contributions, creating what the noble Lord, Lord Rennard, described as a constitutional cornucopia, from which I shall try to pluck some of the fruits.
Trying to sum up is a little daunting. I feel like I am facing one of those test papers in that great source of insight into the British constitution, which I am sure noble Lords know well—1066 and All That—where students face questions such as:
“Examine the state of mind of (1) Charles I, half an hour after his head was cut off (2) Charles II, half a moment after first sighting Nell Gwyn”.
As the noble Lord, Lord Norton, said, the exam question before us today, and for me to try to answer, is to note the implications of the constitutional changes proposed in the gracious Speech.
Let me start by rehearsing the intention behind those measures. As has been said, including by the noble Lord, Lord Butler, the Government intend to govern in the interests of one nation. This was a clear theme of the gracious Speech. What does that mean? In practice it means ensuring that our constitution, the institutions and the democratic processes that underpin our nation create a stable polity. Let me try to address my noble friend Lord Norton’s excellent exam question: this means that we need a constitutional settlement in which Parliament is sovereign and which is characterised by the principles of giving power to the people—a point that the noble Lord, Lord Butler, made so well. It is also a fair settlement and one that has a pragmatic recognition—two words that I emphasise—of the unique nature and characteristics of the different parts of our union. I am unsure that that answers my noble friend Lord Norton’s question, but I would be happy to debate with him further on it.
What does this mean in practice? We have rehearsed a number of these points today. It means that we will meet our commitment to deliver further powers to Scotland, Wales and Northern Ireland. It means—a critical point here on giving power to the people—a referendum on this country’s continued membership of the EU. It means, in the interests of fairness, that we will address the English question through the introduction of English votes, a point that I will return to. Further, it means that we will introduce a Bill of Rights, which will uphold fundamental human rights while protecting against the abuses of the Human Rights Act, a point that I will also return to. To answer my noble friend Lord Norton’s question about the machinery of government, clearly my right honourable friend the Prime Minister has oversight of all government policy, while my right honourable friend the Chancellor of the Duchy of Lancaster co-ordinates the constitutional reform programme.
I turn to the constitutional convention, or convocation, or however others might like it. I applaud the speech on this by the noble Lord, Lord Purvis of Tweed. He spoke eloquently, as always. I shall answer this not by being coy, as the noble Lord, Lord Steel, suggested; I shall address it head on. The Government do not plan to establish a constitutional convention. Instead, our focus must be on delivering the commitments that we made to the people of the United Kingdom. The Government were elected with a mandate to deliver the commitments that I have listed and that should not be delayed, as the noble Lord, Lord Butler, said in his powerful contribution.
There is nothing to suggest that the public want a constitutional convention. Instead, I point out that they were offered one at the last election by the Labour Party. It was one of the policies that was rejected and no doubt went the same way as the “Ed stone”. Instead, I argue that the British people want the Government to get on with the job they were elected to do. It might seem odd to quote Elvis Presley in this context, but I kept thinking of his song, “A Little Less Conversation”—a little more action. That is what I think the British people want on this point.
I know that the noble Lord, Lord Wills, has been keen on such a convention for some time. Indeed, I read his pamphlet back in 2006. He proposed that a convention might consist of 300 members who would be elected at a general election. They would look at everything: from devolution to an issue that I know matters to your Lordships—age restrictions on Peers—the whole gamut. Their contributions would be put to the public in a referendum. I should add that the noble Lord suggested that no one who ever stood for election would be able to serve on this convention, so that includes himself and a number of your Lordships.
I mention this not to put in lights the noble Lord’s contribution to the debate, but really to make the point that every person who wants an official convention has their own particular view as to who should be on it and what it should do. To get any agreement, I suspect that we would need a convention on a convention. Furthermore, international experience shows the challenges that lie in dealing with the outcomes of such conventions and then securing public and political legitimacy for their conclusions. In Ireland, of the 18 recommendations made by its constitutional conventions, just two were put to a referendum. In British Columbia and in Ontario the public rejected the outcomes.
Rather than go down this route, I argue that we must press ahead with the package of reforms that we have set out and scrutinise them vigorously, as a number of noble Lords have said. If others wish to look at these issues in a broader context, either here in Parliament or elsewhere, or even to set up their own convention, they are more than welcome to do so. Let a thousand flowers bloom, I say; knowing that your Lordships are not shrinking violets, I am sure they will. As the noble Baroness, Lady Kennedy, implored, your Lordships should do this as we are the best placed to do the job. What we cannot afford is an expensive talking shop that would delay, rather than deliver, reform. If we are really to listen to the people, kicking this issue into the long grass is not the answer. Those are not my words, but those of Margaret Hodge. For once, I entirely agree with her.
I turn to the reforms. Through the measures that we are introducing in this Parliament, the Government will deliver some of the most powerful devolved Parliaments in the world. I dispute with those noble Lords who contend that there is not a programme here. It is important that those increased decision-making powers be accompanied by enhanced accountability to ensure that the devolved Administrations are responsible to the people who elect them.
On Scotland, I dispute what some of your Lordships have said: that the approach the Government are adopting is partisan. The Scotland Bill delivers the Smith commission agreement, on which there was cross-party agreement, in full. We are providing extensive new powers and more control over tax and spending. As set out in the St David’s Day agreement, we will devolve additional powers to Wales over areas such as transport, energy and the environment, and empower the Assembly to manage its own affairs. For Northern Ireland, the Stormont House agreement offers the prospect of a more prosperous, stable and secure future. I can tell the noble Lord, Lord Hunt, that my right honourable friend the Secretary of State is meeting the parties again today, having held a series of bilaterals with all parties over the last week.
Lord Purvis of Tweed
The Minister referred to the Smith commission, which was established by the Prime Minister and chaired so well by the noble Lord, Lord Smith of Kelvin. Perhaps that indicates that commissions —which can be cross-party, consensual and result in clear conclusions that the Government then honour a commitment to deliver—need not be “long grass” and need not necessarily be in a party manifesto.
Lord Bridges of Headley
I argue instead that that commission was drawn up in response to a very specific point. It was brought about by the consequences of the referendum. What we have here is a much broader set of issues; as I argued, we do not have agreement on what a convention would do, its terms of reference or those who would sit on it. Furthermore, we have a mandate and a clear plan of action that we need to deliver. No doubt we will return to this in due course. I very much look forward to doing so.
Meanwhile, we are devolving more powers to cities and to communities. The local government Bill that is currently before your Lordships puts in place the legal framework enabling us to decentralise powers to cities and counties across the country. I thank the noble Lord, Lord Soley, for his support on that point. In response to the noble Lord, Lord Rennard, it would be for people to elect their local decision-makers and to hold them to account. I dispute the concept that they would be one-party states.
All this reflects the fact that the Government recognise that a one-size-fits-all approach to constitutional change will not work. The individual devolution settlements reflect the distinct histories and circumstances of the different parts of the United Kingdom. To make sure that those settlements function effectively, we must ensure that the Governments of the different nations of the United Kingdom work together. As such, all four of our Governments are working together to review the formal and informal processes that govern our relationships, and we will collectively agree the best way forward. As part of this, we will explore the recommendations of the House of Lords Constitution Committee’s report on intergovernmental relations.
I turn to English votes, another issue that a number of noble Lords have spoken about. Just as devolution has strengthened the voices of Scotland, Wales and Northern Ireland within our union, the Government’s proposals for English votes will create fairer procedures to ensure that decisions affecting England, or England and Wales, can be taken only with the consent of the majority of Members of Parliament representing constituencies in those parts of United Kingdom.
Once again, I refute the argument made by a number of noble Lords that this approach is partisan. As the noble Lord, Lord Butler, said, this issue and proposal is addressing something that was created by devolution. The West Lothian question is almost as old as I am. It sits there in the triptych of those other constitutional questions: the Schleswig-Holstein question and the Irish question. It deserves to be answered, as the noble Lord, Lord Soley, said.
What we need is a balanced and fair settlement which gives MPs from across the House a role in making legislation but ensures that English matters are approved by English MPs, just as Members of the Scottish Parliament have the final say on devolved matters. Importantly, every MP from every part of the UK will still be able to debate and vote on every piece of legislation in the Commons. English votes for English laws will therefore help safeguard the union by embedding fairness into Parliament’s law-making processes.
Several noble Lords referred to the Bill of Rights. As the noble Lord, Lord Wills, mentioned, this is obviously something a number of your Lordships have scrutinised in depth. This Government were elected with a clear mandate to reform and modernise the UK human rights framework. As such, we will bring forward proposals, as was set out, for a Bill of Rights to replace the Human Rights Act.
The Government are currently developing proposals on which we will consult fully in due course. The noble Lord, Lord Wills, and others argued that the Bill of Rights could undermine human rights. Once again, I disagree. Our Bill of Rights will protect fundamental human rights but also prevent their abuse and restore common sense to the system. We want to remain part of the European Convention on Human Rights but the system must be reformed to ensure that British judges decide how to interpret the law. Our Bill of Rights will therefore be based on convention rights but will take into account our common law tradition and make clear where the balance should lie between Strasbourg and the British courts—a point I think the noble and learned Lord, Lord Brown, referred to. We believe that we can make progress as part of the ECHR. However, to repeat what has been said before, we do not rule out leaving it if that proves impossible.
We will of course reflect on the devolution implications of a Bill of Rights as we develop our proposals, and we will engage the devolved Administrations in that process and make the case for reform. I know that this matter, like all the topics we are covering today, is of keen interest to your Lordships. Therefore, I reassure noble Lords, especially the noble and learned Lord, Lord Brown, that there will be significantly more consultation on and scrutiny of the Bill of Rights than there was for the Human Rights Act, which was introduced without formal consultation and within just six months.
The boundary review is, once again, an issue of fairness in order to give votes more equal value. Individual electoral registration policy has cross-party support and has been consulted upon widely and debated extensively in Parliament. The new online application service has made registration easier and more accessible than ever before, and it now takes as little as three minutes to submit an application. Indeed, there were more voters on the register at the general election than when the new IER was introduced a year before. As the noble Lord, Lord Hunt, said, last week the Electoral Commission published its analysis of the registers used to administer the general election in May 2015. I can confirm that the Government will indeed respond to that report in due course.
Our constitutional history is one of change, some sudden, some gradual. Once again, Sir Walter Bagehot put this very well when he referred to,
“an ancient and ever-altering constitution”,
full of “hidden inner change”.
Our programme for this Session, as set out in the humble Address, aims to create a fair and balanced settlement which empowers people across the United Kingdom. As we proceed, obviously the proposals must be debated and scrutinised. I am sure that those points that have been raised today which I have failed to address will be debated further in full, but here the role of this House will be invaluable. John Stuart Mill was quite right, though: much remains to be said. I look forward to hearing more in the weeks and months ahead.