Parliamentary Voting System and Constituencies Bill

Lord Goldsmith Excerpts

Monday 17th January 2011 Lords Chamber

[Baroness Hayter of Kentish Town]

Indeed, my noble friend, the most eminent professor, has never been there.

My view is that this should be a matter for the electors; their views should have a big say. It may be that these two amendments can come together to meet the essence of what we both want. I am trying to stress that this decision should not be taken by the political class; it should be taken after hearing from voters, citizens and those who will become voters how they think they can best be represented. How will people want to relate to their elected Members? Will it be by phone and e-mail? Will it be in person, one to one, or will it be through groups? I am not on Facebook, but people increasingly want their views to be heard through groups and texting, along with others of a similar position.

That may result in all sorts of needs for the size of the House, because it may be better to go, as I think was said on the Benches opposite earlier, for big constituencies, rather like the old Euro constituencies, which were the size of nine of our current constituencies. It was clear to electors that that was not where they should take local issues and that they should go to their councillors, or that they should take just big policy issues to Members of Parliament. I am not certain whether that is the right or the wrong answer. Perhaps we should have smaller constituencies, so that people can meet their representatives more. The needs of the electors should be uppermost in our minds, or in the minds of those who take these decisions, in relation to the number of seats and, therefore, the relationship that Members can have with their electors.

The same applies to the personal issues or issues of policy that electors have. Again, it may be that people will much more want to gather together, whether they have an interest in the environment, historic buildings, health or education. They may want to be grouped much more when talking about policy. Surely these issues need serious debate, rather than a quick and easy decision.

I do not know what the right number should be but, from my work with the consumers and users of any service, I know that they want to be asked, to be consulted and to be involved in those decisions before the decision is taken. That is why I support my noble friend Lord Soley in calling for an independent commission to work on this, to do real work with voters and to think about those sorts of issues. Then we might get an answer that is accepted by the whole electorate and provides for a House of Commons that really reflects the will of the people.

[Lord Goldsmith]

My Lords, I too support the amendment in the name of my noble friend Lord Soley. It is a hugely important issue—I am troubled that there is some appearance on the other side of the House that it is not—for two reasons. First, it is hugely important for this country how our people are represented. The number of Members of Parliament, for all the reasons that have been described previously, is very important. It is also important for the reason put by my noble friend Lord Soley, and mentioned by my noble friend Lady Wall; namely, the example that we set to the rest of the world.

Other Members of this House have the experience, as the noble Lord, Lord Soley, spoke about, of the Council of Europe talking to other countries and helping them to build their democracies and their systems. I have that experience, through a slightly different route, through the work that I have done across the world involved with human rights organisations and lawyers’ organisations. I ask myself this question: if they said to me, “Why have you reduced the number of Members of Parliament? What was the reason for it? What was the rationale? How did you arrive at the number?”, at the moment I can do no better than refer to the answer given to the Select Committee on the Constitution, on which I have the honour to serve.

When we pressed the Minister for Political and Constitutional Reform, Mr Mark Harper, with the question, “Why have you chosen 600?”, he could not answer. He told us that it was not a horse trade and that he did not think that it would qualitatively affect the representation of people in this country. But he could not tell us where the number came from. He ended by saying, and here I quote from paragraph 28 of our report:

“I am not going to pretend that there is a magic science to all this”.

I have been listening to cross-examinations all my life, so when someone says that there is no “magic science” to something, what they mean is that there is no science at all. There is no basis for this figure. I cannot explain to people across the world why Britain, the cradle of democracy, has chosen this number. They will know that people have accused the Government of looking to find a way of reducing the number of seats for the party in opposition if I cannot even explain the Government’s own view.

The merit of both the amendments, although I support the amendment put forward by my noble friend Lord Soley rather than that of my noble friend Lord Lipsey, is that they do two things. They propose a rational way of deciding what the right number should be and they provide it in a way that is either independent or at least non-partisan. Both have the merit that after the event people cannot say, as has been said in this House, that this is being done just in order to favour one party rather than another. I do not want to be part of a democracy, with the tradition we have, where that is what is said about us.

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[Lord Strathclyde]

My Lords, we are dealing with that under Amendment 91 later on. I look forward very much to hearing what the noble and learned Lord has to say when we get to it.

[Lord Goldsmith]

I am afraid that the noble Lord is going to have to listen to me about it now. I have explained to him why I want to speak.

[Lord Strathclyde]

There is a fundamental regulation in this House that we speak to the amendments that have been moved. I have respectfully pointed out to the noble and learned Lord that the amendment to which he wishes to speak will, I am sure, be moved later on. That is when we should discuss it. He should stick to the rules of the House.

[Lord Goldsmith]

I am absolutely sticking to the rules of the House because what both of these amendments propose is an assessment rationally based on evidence as to what the numbers should be. It is impossible, in my view, to answer that question without knowing what the relationship between the Executive and the legislature is going to be. Let me remind the noble Lord and members of the party opposite of what was said by the Deputy Prime Minister in explaining the rationale of the constitutional reform being put forward. One of the things he said was this:

“It is an unambiguous judgment on our part that reducing the power of the executive, seeking to boost the power of the legislature, making the legislature more accountable to the people … collectively introduces the mechanisms by which people can exercise greater control over politicians”.

These are good and fine thoughts, but how do you unambiguously reduce the power of the Executive or seek to boost the power of the legislature if you reduce the number of Back-Bench MPs and do not proportionately or in some other way reduce the membership of the Executive?

It may be that it is not right, as the later amendment proposes, to do that simply on a proportionate basis, but in the Constitution Committee we asked both the Deputy Prime Minister and the Minister, Mr Mark Harper, about the relationship between the Executive and Back Benchers after these reforms. I remind noble Lords what they both said—it is in paragraph 32 of the seventh report of the Select Committee on the Constitution:

“The Deputy Prime Minister recognised that ‘There is a strong argument that says that you must look at this and adapt the number of people who are on the government payroll so that you do not get a lopsided imbalance between those on the payroll and those holding them to account’”.

He is quite right. When is that going to happen? He said: “I totally accept that”, but it is not happening in the Bill. Unless the Leader of the House is going to surprise us by accepting the amendment later—I strongly suspect that he is not going to do anything of the sort—it is not going to happen in the Bill.

The Minister was asked the same question. He also accepted that,

“there is a problem that needs to be dealt with”,

but argued that the Bill is not the right vehicle to do it. What I say, and I care about constitutional reform—sadly, lawyers do—is that this House is being asked to accept, and indeed the country is being asked to accept, a change in the balance between the Executive and Back-Benchers, purportedly in the context of a programme which argues for a reduction in the power of the Executive in circumstances where we do not know what the end result will be.

[Lord Martin of Springburn]

On the power of the Executive, I accept the noble and learned Lord’s case that we have to reduce the Executive, but will he accept that when that reduction takes place those who are left should respect the constitution of this country and that the first people to be informed of any ministerial change should be the Members on the Floor of the House of Commons? I am not putting him, as a former Minister of the Crown, in this category, but there were Cabinet Ministers and junior Ministers who could not wait to get into a television studio, but would not come to the Floor of the House. That is why Urgent Questions were accepted. Complaints would come from the then Opposition about this practice, and now I see that the roles are reversed. We are back to square one and there are Ministers who love going to the media, but are not prepared to come to the Floor of the House. The Executive should always be prepared to get on to the Floor of the House.

[Lord Goldsmith]

I entirely agree with the noble Lord and I apologise for not realising that he wanted to intervene. The point that he makes is that part of the point of the relationship between the Executive and the legislature—the Executive and Back-Benchers—is precisely that Back-Benchers and Parliament as a whole can keep Ministers to account. If you get an imbalance, where the Executive stays the same but the number of Back-Benchers reduces by 10 per cent or thereabouts, that ability for accountability disappears.

I come back to the question raised by the Leader of the House—why is this relevant to this amendment? It is relevant to this amendment—to both amendments—because both talk about the need for assessing on a rational basis what the right position should be. I do not see, given how important is the relationship between the Executive and the rest of the legislature, how we can address the issue without dealing with the number of Back-Benchers compared to the size of the Executive. An independent commission could look at the question and make recommendation; so, indeed, no doubt, could a Speaker’s Conference. Either of the amendments has the benefit of that assessment.

[Lord Anderson of Swansea]

Does my noble and learned friend accept that, when he talks about the members of the Executive as a whole, he should include not only the Government, but also Parliamentary Private Secretaries, the numbers of whom have proliferated and who feel themselves equally to be within the big tent of government?

--- Later in debate ---

[Lord Goldsmith]

My noble friend Lord Anderson is right about that, which is one of the issues that needs to be dealt with.

On the essential principle, these two amendments raise the critical question: do we have to rush to judgment about the number of MPs, and how should that number be reached? I am going to listen with great interest to what the Minister says—perhaps he will come up with a better answer than the one that the Select Committee on the Constitution of your Lordships’ House was given—but at the moment there is no answer as to why, in those circumstances, the number should not be determined independently, or at least on a non-partisan basis, by rational judgment and by evidence. The case for that, in my view, is overwhelming.

[Lord Elystan-Morgan]

My Lords, I will speak briefly in support of the spirit of Amendments 59 and 60.

First, though, the suggestion has been made more than once in the past few hours that it is wrong in some way for this House to be concerned with matters that affect the membership of the House of Commons and how those Members should be elected. That, in my respectful submission, is an utterly absurd view. Parliament is one and indivisible. Whether we like it or not, we are wholly responsible as one of the Houses of Parliament—technically, the senior House, although that is not so in practice vis-à-vis the elected House—and we have a duty. That trusteeship means that we cannot avoid scrutinising in the greatest detail anything that affects the future of Parliament as a whole.

Having said that, I believe that, as has been spelt out clearly by the noble and learned Lord, Lord Goldsmith, both amendments have this in common: they are a cri de coeur for a grave and weighty constitutional problem to be decided on the basis not of a stab in the dark nor of instinctive feelings—no matter how genuine those feelings are—but of evidence.

The noble Lord, Lord Morgan, with whose speech I completely concurred, in a very scholarly dissemination of the problem—as one would expect from a distinguished historian—put the matter clearly in the context of history, whereas the noble and learned Lord, Lord Goldsmith, put the matter in the context of law. As one who has spent most of his time in the courts, in one way or another, I ask myself this question: if a grave and weighty decision is to be arrived at by any tribunal, how can that tribunal decide other than on the basis of cogent evidence and on the basis of questions such as what construction and weight should be placed upon that evidence and what conclusions and inferences should be drawn therefrom?

The argument that was put forward—with great respect, I think that I do no disservice to the noble Lord the Leader of the House nor, indeed, to the noble Lords, Lord Baker and Lord Tyler—was this: “We know exactly what the parties think about this and what they have said in their various manifestos, so there is no need to look any further”. That misses the point completely. There is every need to look further because we all have deep instinctive feelings, probably genuine and sincerely held, but they are nevertheless no more than feelings and instincts and are not based on evidence. Whether that evidence is gathered in the way that Amendments 59 or 60 suggest or in some other way, provided that it is gathered by an authoritative, independent and well qualified body, our duty in the situation will have been met.

There are two duties in ensuring that Parliament can decide. As the noble Lord, Lord Morgan, has said, the matter should be determined not by the Speaker’s Conference or by any other conference but by Parliament. First, Parliament must be able to arrive at an informed decision on the basis of the facts—indeed, the facts may well be in dispute, and Parliament will have to select which facts it accepts and which it does not. Secondly—this is equally important—the people of this country should understand why it was that their legislators came to that decision.