Draft House of Lords Reform Bill

Lord Wallace of Saltaire Excerpts

Tuesday 1st May 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, my congratulations go to all those who have sat through most of this debate and who were here at a quarter to one this morning. I remind your Lordships that this has been a take note debate on the report of the Joint Committee. I therefore hope that the House will excuse me if I do not answer all of the points made in the more than 70 speeches. There has been remarkable passion across all the Benches. I suggest that as we continue to discuss this, we will need to be as dispassionate as possible.

The noble Lord, Lord Hunt, with whom we have debated these issues so often and will no doubt continue to do so, talked about the need to seek consensus, but made it clear that the Labour Party is unwilling to compromise on a 100 per cent elected House. I suggest that if we are to seek consensus, compromise is part of the way that may lead to a consensus. I answer just two of his specific questions. The Attorney-General has made his position clear to the Joint Committee in volume 3, page 8, and elsewhere. The Government will set out their legal reasoning on the application of the Parliament Acts if a Bill is included in the Queen’s Speech.

The Government have not produced an estimate of costs with the draft Bill because a final decision has to be made on issues such as how many Members the reformed House of Lords will have, how much they will be paid and what support they will receive.

[Lord Richard]

Did I hear the noble Lord right? Did he say that the Attorney-General has made his position clear on the Parliament Act point raised by the noble Lord, Lord Pannick, and the noble and learned Lord, Lord Goldsmith? If so, it has passed me by. The Attorney-General was very specific in a letter to me and said that he would not do that for the Select Committee. Where has he done that so specifically?

[Lord Wallace of Saltaire]

My Lords, the reference in volume 3 is indeed not to whether the Parliament Acts would be used, it is merely to the relevance of the Parliament Acts, but if the Government produce a Bill, we will of course return to the issue.

There is a wider context here, and I want to start with that. Many Peers have referred to the constitution as a whole. We need to be conscious of the mood beyond Westminster and the attitudes of the public to our democratic institutions. One newspaper last week, I forget whether it was the Times or the Guardian, talked about a crisis of confidence in public elites—that is to say, in politicians, journalists, media proprietors, bankers, hedge funders and the like. The Audit of Political Engagement, which has just been published, talks about our public as disillusioned, disgruntled and disengaged. Less than one-quarter of those polled think that our current system of government works well. Disillusion and disengagement are strongest among the young. I have just read Peter Kellner’s long piece on a large YouGov survey held in January this year in which he says:

“What emerges is a picture of massive discontent that goes far beyond a dislike of particular politicians, parties and policies ... Unless action is taken to restore the reputation of our political system, its very legitimacy may be at risk”.

The survey asked respondents what they liked or disliked among a list of political groups and institutions. Dislike of the way that Peers are selected to be Members of the House of Lords comes second equal in terms of hostility with,

“the quality of our political parties”,

and behind only,

“the quality of our politicians”.

[Lord Bilimoria]

I thank the Minister for giving way. The noble Lord, Lord Tyler, and the noble Baroness, Lady Young, said that the public, when polled, would prefer an elected House of Lords, but other polls show very clearly that the public admit that they do not understand how the House of Lords works. That is what we have to convince the public about. If we are going to rely on polls, at the moment they show that the Conservatives and Liberal Democrats together rate lower than the Labour Party, in which case the Government should be out of government.

[Lord Wallace of Saltaire]

My Lords, I am talking about a wider and longer-term sense of public disillusionment with all political parties and all politicians, of which we need to be aware. The test for our House is how we handle ourselves on the question of further change in the unfriendly light of media attention and public cynicism. I respectfully suggest that we should not be too pleased with ourselves as we are. We have not entirely escaped popular disillusionment with the metropolitan elite. A run of hostile articles in the press would easily puncture our sense of how high our public standing is.

There is almost a consensus in the House on our self-image as a repository of wisdom and experience that stands above grubby party politics. There is even a hint that people like us would not stoop to stand for election—that, as the noble Lord, Lord MacGregor, argued, an elected House would never attract candidates of comparable quality. The noble Lord, Lord Lipsey, stated sharply that an elected Chamber would bring in,

“a whole new gang of second-rate … politicians”.—[Official Report, 30/4/12; col. 1983.]

Not all elected politicians are second rate and, if I may suggest, not all appointed officeholders are first rate. The noble Lord, Lord Forsyth, declared that an elected House would consist of 450 superannuated politicians. As a superannuated politician, I am not sure that he should regard that as necessarily a bad thing. What does he think this House consists of now? Seventy per cent of us in this Chamber are political appointees—here by patronage—and half of us have held elected office within the Commons, the European Parliament, the devolved Assemblies and local authorities. Indeed, when I first entered this House, I observed that much of the detailed work of scrutiny was carried out by former chairs of city and county councils. They had the most relevant experience and expertise and the strongest commitment to holding the Government to account.

[Lord Forsyth of Drumlean]

My reference to “superannuated” related to paying salaries and pensions in a reformed House—something which we do not have now. However, on the point about the standing of Parliament as seen by the public, how does the Minister think the public will feel about constitutional change which results from a deal between two political parties, where the Conservatives get extra Members in the House of Commons and the Liberal Democrats get to control the balance of power in the House of Lords? Does he really think—and some of his noble friends have made this point—that that kind of deal will enhance the reputation of Parliament?

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[Lord Wallace of Saltaire]

My Lords, there has been no such deal.

[Noble Lords]

Oh!

[Lord Wallace of Saltaire]

Many of those who most admire the House as it is are among those who have been here for a relatively short time. In the 16 years that I have been in this House, I have been struck by how much it has changed. I remind those who were here that a deal was struck in 1999 by Lord Cranborne and the then Prime Minister against the strongly held views of the majority of Peers and against the consensus of those within the House. Then, however, it was still a courteous and polite House. It was extremely rare for any Peer to attempt to interrupt or intervene on another, and the overall tone of debate was far less partisan than it is now. Many Members have remarked on the increase in lobbying of us over the past 10 years and the increase in the volume of our mail and e-mails. I would also remark on the rougher, much more partisan and far more aggressive atmosphere. It is not at all obvious that an elected House would be more partisan than we have now become. On the other hand, we have become a more diligent House, meeting for longer hours and scrutinising more of the nooks and crannies of government.

The House as at present constituted was intended to be a temporary House. The 1999 Cranborne/Blair agreement was another way station on the long road towards—I quote from the preamble to the Parliament Act 1911—

“a Second Chamber constituted on a popular instead of hereditary basis”,

something to which the infant Labour Party within the then government coalition was committed.

[Baroness Farrington of Ribbleton]

My Lords, I think that the number of interventions on members of the Government is noticed more by those who are in government than by those who constitute other Members of your Lordships’ House. I can remember when, for example, my noble and learned friend Lady Scotland was intervened upon 10 times on one particular issue. I remember not always enjoying the interventions of the much missed Lord Onslow when I was in the noble Lord’s position. I think that if he checks back he will see that the behaviour in your Lordships’ House is not worse; it is just that he is more on the receiving end.

[Lord Wallace of Saltaire]

My Lords, we will agree to differ and I shall check back. I think that we have changed a great deal since 1999.

Our current position is not sustainable as numbers creep up and habits in the Chamber mutate. If noble Lords were to carry out some of the threats that have been uttered in this debate to wreck the rest of the Government’s legislative programme in order to sabotage proposed reform, then not just the sustainability but perhaps the reputation of this House would be weakened further. We cannot preserve the current House in aspic; it will continue to change and evolve. The noble Baroness, Lady McIntosh, said that very few of us believe we can remain as we are; the question is which direction we go in terms of reform.

The current proposals have not emerged from nowhere. Since the 1999 changes, Parliament has already devoted more than 140 hours to debating further reform. Shelves of reports—from Wakeham to Cunningham, Mackay of Clashfern and Hunt of Kings Heath—and a succession of Green Papers and White Papers have been produced. Very few arguments have been put forward in this debate which are not already familiar to most of us, and we will return to the topic again in 10 days’ time, when we will be discussing constitutional reform in one form or another in our debate on the Queen’s Speech.

Last week, in addition to reading the Richard report and the alternative report, I reread, for the first time in 40 years, the classic study of academic procrastination, Francis Cornford’s Microcosmographia Academica. This is the volume which first set out the principle of unripe time, the principles of the wedge and the dangerous precedent, and the determination of opponents to die in the last ditch. It was written of course to explain why the Cambridge University Senate so determinedly resisted all proposals for university reform. It says that the most effective means of obstruction is the alternative proposal. It continues:

“This is a form of Red Herring. As soon as three or more alternatives are in the field, there is pretty sure to be a majority against any one of them, and nothing will be done”.

The speech of the noble Baroness, Lady Royall, was an excellent example of the principle of unripe time—that the proposal before us may be right but now is not the right time to accept it. She argued that an elected House is in principle at some point a good thing but only after the economy has recovered, the Scottish issue has been resolved, the relationship between the two Houses clarified and a constitutional convention held. The time was never ripe in the boom years of Labour’s third term in government either, although it might have been thought to be an appropriate time. As Francis Cornford remarked,

“Time, by the way, is like the medlar: it has a trick of going rotten before it is ripe”.

The principle of the wedge has also been used by many.

[Lord Grenfell]

My Lords, the noble Lord is making an assumption when he says that we have to wait until all these problems are solved before we go ahead with Lords reform. That is not what we are saying. Goodness knows, we are not expecting the Government to solve these problems or we shall wait forever to get back to Lords reform. We are saying that it is very strange that, in the coming Session, so much time will be devoted to this when, at the moment, the Government should be focusing on problems which they probably will not be able to solve but on which they should at least be making an effort.

[Lord Wallace of Saltaire]

My Lords, the amount of time in the next Session to be spent on this subject will depend partly on how dispassionately both Houses approach the issue.

On the principle of the wedge, if we accept this, it will be impossible to stop short of further and disastrous consequences: a written constitution, a judicially arbitrated constitution or, as the noble Lord, Lord Bilimoria, suggested, a republic. Others want a written constitution before we reform the Lords or argue that further reforms will fundamentally alter the nature of Britain. In considering whether this House might introduce an elected Chamber, my noble friend Lord Cormack told us that we are talking about the future of this country.

Alternative proposals have been scattered across the Chamber: an indirectly elected House, the modest reform put forward by the noble Baroness, Lady Hayman, and the noble Lord, Lord Steel, or a full constitutional convention. I was utterly surprised by the enthusiasm expressed around the Chamber for the Steel Bill, given the bitter opposition to so much of it in the Chamber over several years. I am still not sure whether the support has been expressed for the full Steel package or for the emasculated Bill that emerged from Third Reading.

We have had plenty of other arguments against change: constituency competition, the bug bear of former MPs. In one way or another, those of us who live outside the metropolitan south east already play some of those roles and we see them as part of our responsibility within an appointed House. I have been president of my party’s Yorkshire region; I spend time at weekends going to constituencies and conferences; and I run into Peers from other parties at various Yorkshire events. We already fulfil some of those constituency responsibilities.

The issue of costs has been raised. We must be very strict about costs, although if we have to have a referendum we will spend £100 million on it.

Primacy of the Commons is a wonderful obstacle against which one can kick. If necessary, we must do all that we can to defy the will of the Commons in order to preserve its primacy and its financial privilege. Conventions must be written in stone, although the noble Lord, Lord Cunningham, remarked that conventions, of their nature, are not rules and that they must be allowed to evolve and that a concordat between the two Houses would therefore be an appropriate way forward.

I hear some people say that there is not much interest in Lords reform among the public but, nevertheless, there must be a referendum. I respectfully remind Members of this House that one of the most fundamental constitutional changes that we have witnessed since I joined the House is the separation of the judicial function from the legislative function through the establishment of the Supreme Court and that was carried through without a referendum.

Hybridity has been mentioned by the noble Lord, Lord Hunt of Kings Heath, as completely unacceptable because it would make the House unworkable. This House has always been hybrid; it consists of Lords Spiritual and Lords Temporal and, when I joined the House, it was partly hereditary and partly appointed. I recall a colleague in the Association of Conservative Peers saying that in the Conservative group the hereditaries referred to the Life Peers as “the day boys”. Only those who have been to boarding school know how dismissive that is; it refers to a subordinate body to the lifers. This would merely be a shift to another form of hybridity.

The argument has been made by the noble Lord, Lord Desai, and by the noble Baroness, Lady Taylor of Bolton, that a second Chamber elected on proportional representation might even claim greater legitimacy than the Commons because it would be more fully representative of the opinion of voters as a whole, which suggests that we all prefer a less legitimate voting system than the one that might be used for this House. Above all, we have to wait for a consensus in this House or in the Commons.

[Lord Cormack]

My Lords, I had hoped that the Minister would indicate that he has listened to what has been said and that the Government would reflect on what has been said in the debate on such issues as hybridity, referendum and primacy. My noble friend is coming suspiciously close to saying that he has a closed mind on these issues. I hope that he will draw back and indicate that what has been said in the official report, the alternative report and on the Floor of this House over the past 24 hours will be taken into account before the Government decide whether to proceed with a Bill and what sort of a Bill it will be.

[Lord Wallace of Saltaire]

My Lords, I have listened carefully to almost the entire debate and particularly to my noble friend’s contribution. Many within the Government will be reading the debate in Hansard. As I said at the beginning, I did not hear much with which I was not already familiar. I suspect that that may be true of many noble Lords. Of course we shall be reflecting on matters and, if proposals are brought forward in the Queen’s Speech, a great deal of what has been said will be reflected in those proposals.

[Lord Hunt of Kings Heath]

My Lords, the Minister says that he has not heard anything new, but would he not accept that in both reports the argument particularly about powers and legitimacy have been developed in a way that we have not seen before? Can he assure the House that we will not simply get another version of the Bill showing marginal changes? He owes it to the House to say that the Government will consider the reports carefully.

[Lord Wallace of Saltaire]

My Lords, of course, this is a debate to take note of the Richard report. It has been read extensively within the Government as well as outside. I trust that all noble Lords have read all three volumes, including the splendid compliment made by my noble friend Lord Cormack to the noble Baroness, Lady Young of Hornsey, in which he commented on her extreme youth. The conclusions will be considered within the Government, but the proposals on the table are those on which the Richard report commented.

I recognise that many noble Lords would like some entirely different proposals. Undoubtedly, if the proposals are brought forward, they will be modified by comments made in this House and elsewhere. That is the nature of the to and fro of democratic debate and those are the efforts that we all make in attempting to reach a consensus.

The question is, as the noble Lord, Lord Lea of Crondall, remarked: what is our central problem? Part of the central problem, which the Government aimed to address, was how to increase the legitimacy—

[Lord Elton]

My Lords, the noble Lord does not seem to be addressing, in the appropriate slot, what many of us, including me, regard as the principal issue at stake, which was sharply focused on by the noble Lord, Lord Forsyth, and by the noble Lord, Lord Ryder, in their recent interventions and which I rather cloudily tried to draw to the attention of noble Lords last night. How will they use this opportunity not to expand but to curb the power of government over Parliament? In reflecting on that, may I remind the noble Lord that he has been sufficiently long enough in government to be infected with the virus which makes people think that they will always see things from the Government’s point of view. However, the day—distant or near—when he will be sitting on the other side of this reconstituted House is of course drawing nearer.

[Lord Wallace of Saltaire]

I thank the noble Lord for his reminder that an issue that we need to take into account as we consider this is the balance not just between this House and the Commons but between government and Parliament, and that reform of this House should contribute to redressing the balance of power between the Executive and the legislature as a whole.

When we debate the Queen’s Speech, we will again discuss constitutional reform. If the Government produce a Bill on this, I hope that noble Lords will place this piece of the jigsaw of constitutional reform in the wider pattern of popular disengagement from politics and distrust of politicians. We need to look very carefully at the evidence. We need to consider the appropriate balance between representative democracy and direct, popular democracy before we slip perhaps a little too far down the road towards direct democracy. We need to have a concern to rebuild popular trust in our political institutions. Quiet, calm deliberation should be the way in which we seek to disentangle the knot of this highly tangled issue.

We heard some remarkably apocalyptic speeches in this debate, and even threats to wreck the rest of the Government’s legislative programme in order to prevent reform progressing. However, we serve in this House by appointment and by the privilege that that gives us—not by right. The way in which we discuss the future of the House will reflect, for good or ill, on our reputation. We will return to the subject—I hope a little more dispassionately—again and probably again.

[Lord Phillips of Sudbury]

The Minister quite rightly made trust a major theme of his speech. Does he not consider that part of the decline in public trust in Parliament has a great deal to do with the excessive regimentation in the other place, where in the past 15 years Members voted against a government resolution only six times, while here we did it nearly 600 times? Is that not a crucial difference that will be lost if this place is wholly elected?

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[Lord Wallace of Saltaire]

My Lords, that point is for the Queen’s Speech debate on constitutional reform.