House of Lords Reform Bill

Baroness Primarolo Excerpts

Monday 9th July 2012 Commons Chamber

[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.

--- Later in debate ---

[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.