Government and Parliament

Baroness Smith of Newnham Excerpts

Thursday 9th June 2016 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, I thank the noble Baroness, Lady Smith of Basildon, for bringing forward this Motion for debate and I welcome many of the comments she made. I intend to focus my remarks on the balance of power between the Executive and the legislature and between your Lordships’ House and the other place, leaving the more detailed discussion of statutory instruments to those with rather more experience in your Lordships’ House than I yet have.

As the noble Baroness, Lady Smith, has already noted, one issue is uncontested—the primacy of the elected Chamber. We all agree on that. It is the basis on which the Salisbury convention rests and the reason why your Lordships normally hold back on matters that were clear manifesto commitments of the governing party, even if we on these Benches have not formally subscribed to the Salisbury convention. This inevitably leads to a degree of executive dominance in a way that does not occur in the US, where the separation of powers is strictly observed, or in many European countries, where coalition Governments, consensus Governments and minority Governments often render legislatures relatively more powerful than in the United Kingdom. Coupled with the large payroll vote in the United Kingdom, there is a tendency to executive dominance, for the Government to lead the process of legislation. Parliament sometimes appears to be silent.

In its excellent briefing on the Salisbury doctrine, however, the House of Lords Library reminds us that the doctrine argued that,

“the will of the people and the views expressed by the House of Commons did not necessarily coincide, and that in consequence, the House of Lords had an obligation to reject, and hence refer back to the electorate, particularly contentious Bills, usually involving a revision of the constitutional settlement, which had been passed by the Commons”.

But what of those rare occasions, which seem to be becoming increasingly familiar, of national referendums? The Conservative Party’s manifesto pledge was clear in its intent that there should be reform, renegotiation and then a referendum on whether or not the United Kingdom should remain a member of the European Union. Hence, Members of your Lordships’ House worked in the spirit of the convention, with due care and attention, to pass the European Union Referendum Act 2015 expeditiously, even if some aspects have not worked out as we intended. I will not refer further at this stage to the Electoral Commission.

The decision to hold a referendum was intended to allow the people of the United Kingdom to decide a contentious issue that divides political parties. It goes to the core of democracy and offers one person, one vote. Can the Leader of the House confirm that in cases where the Government and Parliament have, in their wisdom, offered a referendum, the results of that referendum must stand whether or not Members of Parliament—elected or otherwise; of the other place or your Lordships’ House—like them? As the noble Baroness, Lady Smith of Basildon, noted earlier, certainty in politics is a luxury. We on these Benches want a vote to remain, but we are also clear that the views of the citizens must be respected whatever the outcome in two weeks’ time. Neither the Government nor Parliament should seek to circumvent the will of the people on this matter. Does the Leader of the House agree?

I turn to cases where manifestos are perhaps silent. Proposals came forward in the last Parliament that were not in any party’s manifesto. A case in point was the legislation introduced by my noble friend Lady Featherstone, which was given considerable support in your Lordships’ House by the noble Baroness, Lady Stowell, in a previous capacity. What arrangements could or should be in place for such initiatives coming forward from the Executive in the absence of any manifesto pledges? Are the current arrangements fit for purpose? Perhaps they are.

Conversely, and more significantly, what provisions do we have and envisage for cases where there is a strong voice from Parliament—usually in both Chambers —that legislation is needed or may need to change but the Government do not agree with that position? In particular, I am thinking of the case in the last Session relating to genocide, particularly the genocide in Syria of the Yazidis and Christian Syrians. The other place voted unanimously for a resolution on genocide but, so far, there has not been a clear response from the Government to that resolution. This issue is the subject of a Private Member’s Bill which is to be brought forward by the noble Lord, Lord Alton of Liverpool, next Monday. The Bill reflects, in part, a concern that the United Kingdom is failing in its duties under the 1948 Convention on the Prevention of Genocide. This is not a manifesto commitment of any political party but it reflects the views of Members across all parties in both Chambers.

Will the Leader of the House comment not on the merits of that specific Bill but on the general principle of how the Government might respond in a timely and measured fashion to initiatives—not necessarily brought forward in Private Members’ Bills but in cases such as the resolution in the last Session—where there is clearly a strong will particularly in the elected Chamber and also in your Lordships’ House? Is there a way that the Government can listen and respond to widely held positions in order to re-empower Parliament and rebalance Executive/parliamentary relations?