Parliamentary Voting System and Constituencies Bill

Debate between Lord Goldsmith and Lord Martin of Springburn

Monday 17th January 2011 Lords Chamber

[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.