Fixed-term Parliaments Bill

Debate between Lord Tyler and Lord Goldsmith

Monday 18th July 2011 Lords Chamber

[Lord Goldsmith]

This House has put forward sunset clauses which have been agreed a number of times; the precise mechanism does not matter. The point is that this House has said from time to time—for example, in relation to control orders—“All right, Government, you can have them for the time being, but you are not going to keep them without some further legislative process”. That seems to me to be a very good idea.

[Lord Tyler]

Can I ask the noble and learned Lord whether in his consideration within the committee—to which I made reference earlier—he thought it appropriate for a constitutional Bill of this sort, over which a great deal of concern has been expressed on his side of the House, to be subject to this fast-track, quick process, which is an entire novelty? It is not given to any other legislation whatever. Will he address in particular what would happen if one resolution were “Yes” and the other resolution in the other House were “No”? Would that not then raise questions about the adequacy of the process?

[Lord Goldsmith]

The noble Lord is tempting me to tell him what I think about the legislative process that has taken place so far in relation to the Bill. It is deplorable—not the consideration in this House, but the whole way in which this has come forward. This House is making the best it can of that job by taking poor, inadequately consulted-on legislation and putting forward a compromise that I believe will work. In answer to the noble Lord’s second question, the amendment is very clear. Both Houses need to give their approval. However, if they do not, it is still open to the other place to bring forward legislation and to use the Parliament Act if it wants to do so.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Tyler and Lord Goldsmith

Wednesday 26th January 2011 Lords Chamber

[Lord Goldsmith]

My Lords, it is an enormous privilege to speak immediately after the noble Lord, Lord Norton of Louth, who, with scholarship, erudition and experience has made an extraordinarily powerful case for a reduction in the number of Ministers. But there are two matters before your Lordships’ House on these two amendments. The first is whether to maintain, as the amendment in the name of my noble and learned friend Lord Falconer of Thoroton would do, the number of Ministers at least proportionate to the number of MPs. The noble Lord, Lord Norton of Louth, would go further.

I support the amendment in the name of my noble and learned friend to the extent that that amendment at least ought to be accepted. The Government have come with great and, in many ways, worthy protestations of a desire to reform politics, in particular to reduce the power of the Executive—I look particularly at those on the Liberal Democrat part of the Government Benches. I do not understand how they can be content when that is not what will happen under this Bill. Indeed, it will be quite the opposite, as my noble and learned friend has said.

Lest there be any misunderstanding outside this Chamber as to the significance of the payroll vote, let me try to spell it out. First, if you are on the payroll vote, which means those who are paid or unpaid for these purposes, including Parliamentary Private Secretaries as well as full Ministers, you cannot vote against the Government without resigning. It is as simple as that. If a piece of legislation is put forward that a number of Ministers do not like, they cannot stay as Ministers and vote against it. That automatically means that the Government have a greater number of Members of Parliament able and willing to support what they want.

Secondly, as noble Lords have said, the Government cannot be held to account. When I was a Minister I could not ask questions of the Government through the mechanisms which exist in this House, let alone those in the other place. One can do what one can behind the scenes, but one cannot in an open way hold the Government to account.

On 17 January, I drew attention to the statement made by the Deputy Prime Minister, Mr Clegg, that the unambiguous judgment on the part of the Government was,

“that reducing the power of the executive, seeking to boost the power of the legislature, making the legislatures more accountable to people ... collectively introduces the mechanisms by which people can exercise greater control over politicians”.

I will listen intently to what the Minister—if it be the Leader of the House—says as to how that statement can be reconciled with a position which does not accept that at the very least the number of Ministers must be reduced proportionately to the number of Back-Benchers. Otherwise, the power of the Executive will not be reduced. The power of the legislature will not be boosted. Quite the opposite will take place.

[Lord Tyler]

I wonder whether the noble and learned Lord will take his argument a step further. There is a powerful case here for looking at this issue. With his great experience as a very senior member of the previous Administration, but as a Member of this House, he will immediately acknowledge that this is also related to the issue of how many Ministers should sit in this House.

In the past, I have heard a powerful argument that, if and when this House is reformed, it may well be that there should be a proper separation of powers and that there should not be any Members of the Executive who are voting Members of this House. Will he acknowledge therefore that there is a good case for this issue to be addressed in the context of the future role of this House, which, as we know, this House and the other place will consider in a matter of weeks? Therefore, it may be premature for this issue to be addressed in this Bill when the relationship of the two Houses and, in particular, the relationship of this House to the Executive will be in front of this House in weeks.

[Lord Goldsmith]

I am grateful to the noble Lord for his intervention and for his kind remarks, because he makes my point. The problem is that the Government have chosen to introduce in this Bill not only the referendum, which they need as a matter of urgency because of their political deal, and with which I have no difficulty, as I have said before, but also the reduction in the number of MPs.

A part of this change is in this Bill. My concern is that this Bill does not deal with the whole of it. I do not find it acceptable for the Government, with respect to the noble Lord who will answer this point, to say, “Well, don’t worry, something will be looked at later”. I am going to ask the Minister three questions now and he can think about them. What are the Government going to do about this? I have already drawn attention to the fact that on the Constitution Committee, when we asked Mr Clegg and Mr Mark Harper, the Minister, about the risk of increasing the power of the Executive, Mr Clegg said:

“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”.

If there is a strong argument—and I agree with him that there is—what is going to be done to deal with it?

Secondly, when is it going to be done? Vague statements about the boundary changes not coming into effect for some time and having been able to look at this by then are all very well—but when is this going to happen? Thirdly, will the Minister tonight in his reply commit to some method by which the reduction in the number of Members, if this House or Parliament adopts the proposals in the end, does not come into effect until there has been a satisfactory reduction in the number of Ministers, either as suggested in the amendment of the noble and learned Lord, Lord Falconer of Thoroton, or by that of the noble Lord, Lord Norton of Louth? I would prefer to see that being dealt with in this Bill. I do not think it should be put off, which is why I support the amendment. At the very least, the Government should ask themselves what they are going to do, if the new politics are to have any credibility, in their proposals for increasing the power of the legislature, reducing the power of the Executive and giving more power to the people. So long as they do not give a clear, unconditional commitment on this question, that statement will appear just a mirage and a charade. Having got into power, they are happy, as many Governments have been in the past, simply to retain the reins of power and the patronage and ability to get their legislation through by having as many of their people as possible on the government Benches. For those reasons, I support the amendment of the noble and learned Lord, Lord Falconer.