Local Government Bill [HL]
Debate between Earl Cathcart and Lord Howarth of Newport
Lord Howarth of Newport
On the contrary, that is exactly my argument. I have asked the noble Baroness why she is simply relying on the High Court to quash the decisions of Parliament rather than having Parliament exercise its own authority to quash the decisions that it previously took. That is precisely the point at issue. I suggest that this is part of a pattern that we are beginning to see emerge in this coalition Government of an habitual disrespect for Parliament. If I may, I shall give one other instance.
Earl Cathcart
I thought that it was for Parliament to make the laws and for the judiciary to judge on them. In this instance, the judge said that what the Secretary of State did in coming to his decision was illegal and so he quashed it.
Lord Howarth of Newport
I understand that that is what the judge said, but my question is whether it is within the competence of a judge, whether a Supreme Court or a High Court judge, to overthrow orders that have been duly made by Parliament. Parliament was fully aware of all the arguments that moved Mr Justice Ouseley to arrive at his judgment, but the fact is that if Parliament is the sovereign law-making body in this country, its authority ought to prevail. That is my opinion.
I will briefly illustrate what I take to be part of an emerging pattern of disrespect on the part of the Government to Parliament. On 29 June, this House voted to approve a Motion, tabled by the noble Lord, Lord Steel, that called on the Government to table Motions to enable the House to approve or disapprove of four specific reforms that would enable this House to be more credible and effective. However, a week ago, on 7 July, the Leader of the House informed the House in a Written Statement that the Government do not intend to respect the will of the House in this regard and,
“do not consider it appropriate to table Motions”,—[Official Report, 7/7/10; col. WS 13.]
that the House has called upon them to table. He cited as justification the irrelevant fact that the Deputy Prime Minister has set in hand work on a draft Bill for an elected second Chamber. Why are the Leader of the House and the Government treating the House with this contempt?
The Deputy Prime Minister arrogantly breezes around declaring that our parliamentary institutions are not fit for purpose. This arrogance is particularly unbecoming in a Government with no mandate from the people and in a coalition that has been cobbled together and is tempted to use its majority to bulldoze this House in ways that this House has not tolerated and not expected from Governments for many years. The vote yesterday in this House on the Academies Bill on which the Government were defeated is a very salutary indication to them that they cannot simply take it for granted that they now have a majority in the House of Lords that entitles them to treat this House of Parliament with the same contumely with which Governments habitually treat the House of Commons.
We see this attitude in the big declarations and the small actions, and here in this amendment, which casually endorses the subordination of considered decisions of both Houses to an adventurous decision by a High Court judge that happens to suit the Government’s self-indulgent political agenda. How does the noble Baroness defend it?