Queen’s Speech

Debate between Lord Rooker and Lord Ashdown of Norton-sub-Hamdon

Monday 14th May 2012 Lords Chamber

[Lord Ashdown of Norton-sub-Hamdon]

My Lords, I did not say that there was no great campaign. I made it very clear that among the ordinary people of our country there was no great public cry for this, as indeed was the case with the suffragettes. I had a look at this in the Library only the day before yesterday and I assure noble Lords that that was the case. However, if noble Lords will not accept that, and it seems that they are not inclined to do so, I repeat that on the four occasions that this House has reformed itself it did so because it needed to, not because the public demanded it. So it was then and so it is now.

Finally, I turn to the question of the written constitution, because this has come up a number of times. Let me see if I may address it directly. Perhaps I may pick up on the statement, or perhaps question, of the noble Lord, Lord Rooker, during the debate last Thursday. He is a man for whom I have a great deal of respect and admiration, but he made an odd statement. He said that if we were to be a democratically elected second Chamber we would be the only one in the world with an unwritten constitution so to do. There are only three countries with an unwritten constitution—not a huge number. There is New Zealand, Israel and Great Britain. His argument was, “How could we make such a change when there is no model for us to work from?”. I looked at his statement in Hansard and could read it out to him; I have it here.

[Lord Rooker]

New Zealand and Israel are unicameral, for a start. The point I made was that we would be the only country with two elected Chambers and no written constitution.

[Lord Ashdown of Norton-sub-Hamdon]

My Lords, the point the noble Lord actually made, springing from that, was that we would not have a model to work from. Since when have democratic reformers in this country needed a model to work from? We have always had an unwritten constitution. Did it cause Cromwell to stop and say, “Hang on; I had better not go ahead with demanding that powers be transferred from the king because there isn’t a model anywhere else”? He was the model. Others followed him—not he followed others.

For the Great Reform Act 1832, we did not sit down and say, “Oh my goodness, we have no model to follow”. We had an unwritten constitution. We did not know how the powers would fall. We did not call for a constitutional convention to decide those powers before moving forward to reform. We made the democratic reforms and the world followed us. I am absolutely confident that, because we were ahead of the rest in 1832, the Great Reform Act saved us from the revolutions that swamped Europe in blood in 1848. Surely the noble Lord, Lord Rooker, is not one to argue that because we have an unwritten constitution we cannot have democratic reform. That is a ridiculous argument.

I say to those who say that we cannot have reform because we have an unwritten constitution, but at the same time talk about the magic of our unwritten constitution that reforms and resolves all matters, that I do not much believe in the unwritten constitution. To be honest, there is a case for a written constitution in this country. However, those who argue that the unwritten constitution resolves all, and that because it is a living constitution it can evolve and cope with these changes, cannot then say that some part of that constitution has to be written down. The proposition made by those who make that argument seems to be this: there has to be an unwritten constitution for everybody else but a written one for us—it has to be codified and we cannot otherwise move forward. You cannot make both arguments at the same time. Either you have an unwritten constitution, celebrate it and leave things to it, or you have a written constitution. However, noble Lords in this House seem to want the best of both worlds—an unwritten constitution for everybody else but a codified and written constitution for us and our relationships. The noble Lord, Lord Richard, was entirely right when he said that this should be left to the two Houses to work out. It would be better if it were.