Parliamentary Voting System and Constituencies Bill
Lord Wills Excerpts(13 years, 4 months ago)
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Lord Wills
“Committee of Inquiry on Parliamentary constituencies
(1) There shall be a Committee of Inquiry, chaired by a High Court judge, comprising members of both Houses of Parliament, including representatives of the principal political parties in the House of Commons, as well as individuals with no party attachment, and others.
(2) The Committee of Inquiry shall—
(a) review the current rules for conducting Parliamentary boundary reviews (contained in Schedule 2 to the Parliamentary Constituencies Act 1986) considering in particular— (i) how to address the inequality of constituency sizes;(ii) how to stabilise the size of the House of Commons;(iii) the relative importance of electoral equality against the specific character of individual constituencies, including the rules relating to geographical considerations, local ties and ‘inconveniences’, and the rules on crossing borough and county boundaries; and(iv) make recommendations;(b) examine in this context the question of the optimum size of a constituency taking into account the need to maintain the Union, the proper role of MPs in their constituencies and in Parliament, and the implications for these roles of the responsibilities of other representative bodies including local authorities and the House of Lords, and make recommendations;(c) consider the implications of an optimum size for the House of Commons for an optimum size for the House of Lords, and make recommendations;(d) review the time taken to conduct boundary reviews, particularly in England, and make recommendations;(e) review the alignment between the timing of local and parliamentary boundary reviews to ensure that stable local government electoral boundaries can form the basis for each parliamentary review, and make recommendations;(f) examine the question of a role for keeping the operation of the rules under review and ensuring consistency of approach by the four Parliamentary Boundary Commissions, including monitoring their standards of performance, and make recommendations; and (g) examine the arguments surrounding the statistical basis on which electoral areas are currently constructed, in particular whether the eligible population rather than electoral statistics should be used, and make recommendations.(3) The Committee of Inquiry established under subsection (1) shall report to Parliament annually on its progress, and deliver a final report with recommendations to the Secretary of State within three years of the passing of this Act.
(4) Within 6 months of the Committee of Inquiry’s report the Secretary of State shall lay before Parliament, for Parliament’s consideration, a scheme including draft Bills to implement the recommendations of the Committee of Inquiry.”
The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
My Lords, perhaps noble Lords would leave as quietly and as quickly as possible, so that we can all hear the noble Lord introduce his amendment.
Lord Wills
I am very grateful to the noble Lord for his courtesy.
Rather curiously for this House, I support the Bill’s objectives. I support a referendum on the alternative vote system and I support any attempt to make the process of boundary revisions fairer and more efficient. Who could possibly be against any reasonable attempt to cut the cost of politics? However, as I and many other noble Lords have already argued, there are profound flaws in how the Bill proposes to achieve those objectives. The amendment is designed to remedy some of the worst of those flaws in Part 2. It is lengthier than I would have wished, because it sets out to provide a comprehensive solution to those problems, but I would be happy to withdraw it if the Government could give an assurance today that they will find a better way to secure such a solution.
At the heart of Part 2 lie assumptions about the optimum size of the House of Commons, the optimum size of a parliamentary constituency and the process of altering constituency boundaries. Those issues are central to the machinery of our democracy, yet the Government have conceded that the assumptions that they have made are arbitrary. They are not subject to any governing principle and they have not been subject to adequate consultation and scrutiny by the people whom they are meant to serve. Those issues are all the subject of vigorous debate.
Our electoral arrangements should never become the subject of partisan dispute, as that corrodes public trust and undermines the foundations of our democracy. Therefore, for many years, all political parties have sought consensus on such issues and, for the most part, they have succeeded in finding it. The Bill is a deplorable exception to that good practice, to which the amendment attempts to return. The amendment would not substitute my judgment for that of the Government in addressing these issues. Instead, it sets up a process for an independent, fair and principled set of judgments to be made. In doing so, it is intended to restore faith in the impartiality of the process for changing our electoral arrangements by requiring the Government to set up a committee of inquiry, such as a royal commission, to investigate and make recommendations on all those key and contentious issues.
The royal commission is a tried and tested mechanism for addressing such important, complex and contentious issues. It has worked well in the past and is generally accepted as a fair mechanism for dealing with such contested issues. Its composition would be for the Government to decide, but it should include Members of both Houses of Parliament, including representatives of the principal parties in the House of Commons, as those with most direct experience of such issues, as well as individuals with no party attachment, and others.
It would be for the Government to decide the process of such a committee of inquiry, but I draw Ministers’ attention to the Liberal Democrat conference resolution of 2008, which pledged to set up a constitutional assembly or citizens’ summit as a deliberative mechanism for the people of this country to pronounce on precisely such important issues as this. I am profoundly sorry that the Government have not followed the recommendation of that Liberal Democrat conference of 2008. It may be that they will now seize on this amendment as an opportunity to do so. They could even vote with us on this.
The remit for the commission would include consideration of how best to equalise constituencies, particularly taking into account all those issues of local identity and character about which such widespread concerns were expressed at Second Reading, which I think all Members of this House have had expressed to them in correspondence since Second Reading. The amendment proposes that the commission examine the optimum size for a constituency. This is a crucial consideration in creating a principled approach to the equalisation of constituencies. I am not against equalising constituencies, but I want to see it being done according to a fair, impartial and principled process.
What is the appropriate relationship between a Member of Parliament and their constituency and what size of constituency best sustains that relationship? The United States, with a population approximately six times that of the United Kingdom, has 435 Members of the House of Representatives and 100 Members of the Senate. A proportionate adjustment for the United Kingdom would result in a House of Commons of around 90 MPs.
Lord Foulkes of Cumnock
Would my noble friend not accept that the United States has a federal system so that every state has its own Senate, House of Representatives and governor and within each state there are county legislatures? Therefore, the system is very different from that in the United Kingdom.
Lord Wills
Of course I accept that. I was about to make very similar points in my remarks. What my noble friend has so accurately pointed out is that this is a subject for debate. He has made a very good point. This is precisely the sort of issue that should have been debated before the Government brought forward this legislation. What is the best size for a constituency in this country? I will come to the other constitutional changes that might affect this in a moment, but of course my noble friend is right.
If 90 is not an appropriate size for the membership of the House of Commons, why not? The Government have given us no clue. Surely, as I was saying, before embarking on such radical reform we need to seek agreement as far as possible between all political parties in this country on what principles should determine the size of the constituency and hence the size of the House of Commons.
In arriving at such principles, any review must take account of the other impending changes in our constitutional arrangements such as the increasing decentralisation of power to local authorities. All parties agree on the need for this. There are measures already coming forward from the Government. We need to look at the impact of those measures on the optimum size of a constituency, but the Government have not done so. We also need to look at the implications for the size of the constituency and the relationship between the Member of Parliament and their constituents of the impending reforms to this Chamber. Many Members will oppose such reforms, but the Government want to bring them forward and they owe it to the British people to have a proper discussion about the implications of such changes on the optimum size of a constituency. What will be the implications for the nature and role of the Member of Parliament? We have had no such discussion, and this amendment offers the opportunity to have it. I think that it would be very valuable for the health of our democracy for that to happen.
The commission would also need to take account of the principle that has been followed by all parties that believe in the value of the union of differential protections for the minority nations of the United Kingdom. This is a crucial point for all those who believe in the value of maintaining the union. The nature of the union has changed dramatically since the Labour Government brought forward measures of devolution, and that relationship is continuing to evolve. There is no evidence whatsoever in the Bill that the Government have appreciated this or recognised its significance. This amendment gives them a chance to look at the implications of the changing nature of the devolved constitutional arrangements of this country on the proposals in this Bill.
The statistical basis on which the size of constituencies is equalised is also crucial. It is bad enough that the Government are seeking to conduct a wholesale boundary review on the basis of an electoral register that is neither comprehensive nor accurate. It is deplorable that they appear to be doing this in the pursuit of partisan advantage. It is perhaps even worse that this fundamental redrawing of the electoral map should be done in such an arbitrary way, leaving key questions not even raised, let alone answered. How far, for example, should the electoral register be the basis for such equalisation? How far should population be the basis? These are clearly issues that any committee would need to consider, so they are included in the amendment.
Lord Campbell-Savours
This matter has taxed many of us over a long period. I understand that when my noble friend was the Minister responsible he did some work in the department on the use of population—
Lord Campbell-Savours
I am sorry. Perhaps my noble friend would set out what work was carried out. It would help us, in moving our amendments, if we knew of his experiences.
Lord Wills
I am very grateful to my noble friend. As he said, the previous Government—I was the Minister responsible for this—did a lot of work on how we could more fairly ensure that everyone entitled to be on the electoral register was on it. We brought forward legislation putting a duty on the Electoral Commission to bring forward such measures. That is another reason why I am in such despair that the Government are rushing ahead on the basis of such a flawed electoral register. If only they had had a little patience and had waited just a few months longer. There was every chance that the Electoral Commission’s work would produce a significantly improved register, which might even have been comprehensive and accurate, as it should be.
These issues now need to be debated. They are issues not just for this House or for the other place; they are issues for the British people, who have had no say in this fundamental building block of their democracy. This amendment offers the opportunity to the Government to give the British people that say in these arrangements. I very much hope that they will take it. I have also included provision—I think that everyone will agree with this—for boundary reviews to be timely. I do not think that there should be any dispute about that.
Finally—I know that this will be of concern to the Government—there is the question of a timetable. I had some sympathy with the noble Lord, Lord McNally, when he said at Second Reading that the time had almost come for constitutional reformers just to get on with it. I hope that I am not quoting him inaccurately. Of course, anyone who wants to see constitutional reform must beware delay, which is always the enemy of truly radical reform. I recognise that cynical members of the Government—I am sure that noble Lords on the Front Bench are not so cynical—may regard this proposal for a committee as nothing more than a device to push all these issues into the long grass. That is not my intention. As I said at the beginning of my remarks, I support the objectives of this Bill.
My amendment does not leave this process open-ended, but specifies a timescale. In my judgment—I did considerable work on these issues when I was the Minister responsible in the previous Government—three years is an appropriate timescale in which to explore all these issues with appropriate rigour, to hear evidence from all concerned parties, including members of the public, and to produce recommendations that can command popular support.
More generally, this is a typical timeframe for a royal commission. The average time to report for the past 10 royal commissions has been slightly less than three years. This is a reasonable amount of time to give the committee to report. But I have added further comfort in this amendment to those who might be concerned about undue delay. The amendment includes provision for the commission to report annually to Parliament on its progress, so that Parliament may have regular opportunities to contribute to the continuing deliberations of the commission. The Government will always have the option to take steps to ensure a speedier dispatch of this work should they think that that is necessary, which I very much hope that they will not.
This amendment is detailed and complex because the issues covered are detailed and complex. They are also vital to the health of our democracy. I hope that the Government may feel able to accept the amendment, if not in this exact formulation then at least in one perhaps better drafted to achieve the same objectives. Whatever view is taken of the merits of the objectives of Part 1 of the Bill, no independent observer could consider Part 2 to be anything other than at best botched legislation and at worst a partisan attack on fundamental constitutional proprieties. Such profoundly flawed legislation is unlikely to endure and I just say to Ministers opposite that history is not likely to look fondly on its perpetrators.
The amendment offers the Government a chance to find a way out of the swamp into which they have waded with little care or consideration. It gets them to the place that they say that they want to be with a delay of only a few months to allow for independent examination and the engagement of the public in issues of great importance to our democracy, which, after all, is meant to serve the public, not the interests of the Government of the day. It would enable this legislation to proceed on the basis of constitutional principle not on that of arbitrary and partisan calculation. I beg to move.
Lord Campbell-Savours
My Lords, I had not planned to speak this early, but I may as well intervene to support my noble friend in his amendment. I begin by commenting on my reflections over the Christmas Recess on how I see the progress on this Bill. My comments stem from conversations with Members of the other place, some of whom spoke on the Bill during its transit through that House. The conclusion that we have all come to is that the way in which this legislation is being handled is a clear breach of any reasonable process. The noble Lord, Lord Strathclyde, looks as if I am saying something that causes him some anguish, but the reality is that this is a constitutional Bill in its two principal components. AV, which is a huge change to the electoral system with massive constitutional implications, and the change to constituency boundaries are big constitutional issues that in both cases require, in my view, a proper inquiry before this legislation goes through Parliament.
The reality is that, because of our arrangements in the House of Lords, at least we are able to give the Bill some level of scrutiny, but I do not believe that the level of scrutiny that we can give it satisfies in any way the gravity, importance and significance of the legislation that the Government are seeking to introduce. I am saying all this as a strong supporter of a change to the electoral system. Indeed, I would probably go down the route of the Liberal Democrats on this matter if only they would be honest in the position that they took as against supporting this miserable little compromise. Also, the concept of a reduction in the number of seats is not altogether alien to me; indeed, it has never been a great problem for me. The question is the process by which we arrive at that.
I believe that my noble friend’s amendment is critical for securing proper consideration. As he said, it was the subject of a resolution carried at the Liberal Democrat conference. Both the noble Lords, Lord Rennard and Lord Tyler, are in their places today and I hope and expect them to have the courage to argue on the back of this amendment the case that was argued forcefully at their annual conference basically in support of the principles that my noble friend is seeking to establish.
Lord Campbell-Savours
I have not read that report although it is on my reading list. There are a number of reports I have to read next weekend in preparation for the debates that will take place next week.
The point is that this is not the peg on which to argue the basis on which people register. My noble friend’s amendment simply says, “Let us have an inquiry that does precisely that”. He is saying, “Let someone, somewhere, do some homework on this whole area before Parliament is required to carry any particular piece of legislation”. That is my case.
Lord Wills
My noble friend has made an important point about the importance of considering population. But does he agree that this emphasises yet again the folly of rushing this? In a short space of time we will have the results of the 2011 census—probably around 2013 or 2014. It is absolutely crucial in deciding the validity of going forward on a population basis, but also in ascertaining just how under-registered the British people are. What is the degree of under-registration in different constituencies and different population groups throughout the country? Does this not prove the folly of rushing ahead like this?
Lord Campbell-Savours
I could not agree more with my noble friend. If we are going to have a five-year Parliament, why cannot those data be used? It would still leave the opportunity for legislation to be introduced to deal with this whole issue. Why, in other words, on the back of a whipped vote on the coalition Benches, is this measure being driven through this House when we all know it is an abuse of process and wrong in every possible way?
Lord Wills
I, too, am perplexed by how the figure was arrived at. My noble friend may wish to know that I made a freedom of information request some time ago for any deliberations made on the electoral consequences of different figures for the size of the House of Commons. The noble Lord, Lord McNally, promised on Second Reading to let me have such deliberations, if in fact they had taken place. I am still waiting to know from him whether such calculations were made and, if they were, to see them. I am still waiting for the freedom of information request to be responded to. I think that it is already out of time; I hope that I will not have to wait too much longer. I will of course share the results with the House.
Lord Maclennan of Rogart
My Lords, I have no mandate to speak on this matter for the coalition but I have listened to the debate for two and a half hours and I have heard assertions being made which certainly ought to be rebutted, not necessarily by the Minister but by those who have taken a strong interest in constitutional reform in this House and in another place. I have served in Westminster for 44 years and I am bound to say that the view that constitutional reform should be based on consensus is so unhistorical that I cannot recognise it as having even a scintilla of truth. The noble Lord, Lord Boateng, suggested that we should react to the recommendations of the Speaker’s Conference. I served on the Speaker’s Conference when it considered the voting age of members of the public. If that is not a fundamental question, I do not know what is. The Speaker’s Conference recommended that people should have the vote at 20. The Labour Government of the time did not consider that that was right. The late Lord Gardiner, for whom I had the greatest respect, summoned me to his chambers to ask why the Labour Party’s policy on having the vote at 18 had not been reflected in the Speaker’s Conference recommendations. Did that Government respect the recommendation of the Speaker’s Conference? No, they did not. They went ahead with the vote at 18.
Time and again we have had references to the 1832 Act. What sort of a royal commission was called before that 1832 Act was passed by Parliament? What kind of consensus was there in the country? There was nothing. There was political leadership from Earl Grey, who had strongly advocated these matters for some time.
Lord Wills
I have great respect for, and pay tribute to, the noble Lord’s very distinguished history as a constitutional reformer and he was right to remind the Committee of that. I know that it was a long time ago and he may have forgotten exactly what I said in my opening remarks but I do not think that he was listening quite as carefully as he should to those remarks which informed the rest of this debate. I specifically mentioned practice over the past 100 years or so. I am not talking about the 19th century but of relatively modern times. I am not talking about the broad constitutional issues about which there will always be debate. My noble friends Lord Grocott and Lord Snape talked about the broad constitutional issues of the alternative vote system and I fundamentally disagree with them on that. I am talking about achieving consensus on a process that is, as far as is possible, independent and fair minded. Does the noble Lord not recognise that?
Lord Maclennan of Rogart
What I do recognise is that in my lifetime the entitlement to vote has changed considerably. There was, for example, a multiple vote. My father cast two votes for parliamentary elections in different constituencies and that was perfectly legal. I am conscious that that change in the law did not come about as a result of a high-powered discussion led by a judge. We know the opinion of judges. We have heard from former judges in this debate. The noble Lord, Lord Elystan-Morgan, gave us his view. What is there to suggest that a judge sitting on a committee comprising partisan people drawn from both Chambers will come up with any different view from that of the elected House of Commons, backed or not backed by this Chamber? It is a chimerical view that we could have a consensus on this set of propositions. It is a method of delaying decision, and constitutional reform requires decision.
Lord Wallace of Tankerness
I have no reason to doubt the noble Lord, Lord Bach, but will he accept that, with the exception of the reduction of Scottish Members post the 1945 election, the numbers have gone up on every occasion?
Lord Wallace of Tankerness
In fairness, it is the noble Lord’s amendment, but I want to address the points that have been raised.
Lord Wills
I do not want to delay progress unduly, but the noble and learned Lord misrepresented, or misunderstood, the exchange between me and my noble friend Lord Foulkes. The point was not that one country has a better system than another. Those other countries—Germany and the United States—all had a profound, rigorous public debate on the right arrangements for their constitution. They have written constitutions. We are not having that debate now about this Bill, and we should. That was the point of the exchange and what we are asking the Minister to consider. We want a proper public debate on these crucial issues.
Lord Wallace of Tankerness
The point that I was making about the exchange between the noble Lords, Lord Wills and Lord Foulkes, was that a point was made about the Senate having 100 members and the US House of Representatives having approximately 434. The noble Lord, Lord Foulkes, pointed out that there are also state legislatures in 50 states. We are not comparing like with like. I took the point made by the noble Lord, Lord Wills, that international comparisons take you only so far. The noble Lord, Lord Snape, made the point about the word “gerrymandering” coming from the United States and seemed to suggest, although I am sure he did not mean to, that the Boundary Commission would somehow be heavied by the Government of the day. In the United States, as the commentaries following the elections in November made clear, the new boundaries will be set by the state legislatures, not by an independent boundary commission. That is the fundamental difference. I hope that noble Lords will accept that.
To elaborate further, under our proposals, the 1 December 2009 register suggests that the electoral quota for the United Kingdom would be about 76,000. More than one-third of existing constituencies are already within 5 per cent either side of that illustrative quota, so the impact of our proposals will see constituencies of a size well within existing norms. However, if the House were to have, for example, 500 Members, that would push the size of the average UK seat above 90,000, and only three existing seats would be within 5 per cent of that quota. For that size to become commonplace would perhaps be too great a departure from what Members and the public are accustomed to. We therefore thought that 600 would seem to strike the right balance without reducing by too much and having regard to the fact that one-third of existing seats would be within 5 per cent either way of the existing norm. In addition, a slightly smaller House will mean that savings can be made without, in the Government's view, losing the capacity of individual Members or the Chamber as a whole to perform their functions.
Other points have been raised: for example, the fact that that should be linked to reform of your Lordships' House. I have no doubt that there will be ample opportunity to work out the implications for the reform of your Lordships' House when the draft Bill is brought forward. An important point was made first by the noble Lord, Lord Beecham, and picked up by several other noble Lords, including the noble and learned Lord, Lord Falconer of Thoroton. That is the relationship between the Executive and the elected House, the other place, if the number of MPs is reduced but not the number of Ministers.
The Government indicated in the other place that we agree that that is indeed an issue to be considered, but we do not believe that it is one that needs to be resolved in the context of the Bill. Reduction in the size of the House will not take effect until 2015, and we should therefore consider that issue in the light of decisions on, among other things, the size and composition of a reformed second Chamber. Historically, there has not been a consistent relationship between the size of the House and the number of Ministers within it. The number of Ministers in the Commons will be determined by what is needed to carry out the Government’s parliamentary business, and will not be affected by the change in the size of the Chamber. It is not clear that legislation is the answer. If the issue is the size of the Government’s payroll vote, there are ways to address that without legislation—for example, a reduction in the number of PPSs.
Lord Wallace of Tankerness
The noble Lord will get an opportunity to reply.
That does not mean to say that that is not an important issue. We have debated it in the context of Part 1. As the Committee will know, the Government are committed to taking forward the proposals already set in train—by the noble Lord, Lord Wills, himself—on individual registration. My right honourable friend the Deputy Prime Minister has also indicated that there will be a pilot scheme to allow local authorities to data match with other sets of data to try to get a better understanding and a better way to identify those who are not on the electoral roll.
To think that to fight an election in 2015 on an electoral roll that has as its basis the electorate in the year 2000 is in some way better defies rational consideration. What the Bill proposes—a rolling review every five years and efforts which we are making which, I think, will be widely supported across the Committee, to encourage individual registration and to identify where there are people who ought to be on the electoral roll but who are not—is far more likely to have an effect for the general election of 2020 than setting up a committee of inquiry that might take ages to report and then to have legislation following on the back of that. We are more likely to achieve what is a perfectly laudable and proper aim of ensuring that as many people who are entitled to vote as can be are on the electoral roll by the way that we are going about it. That is more likely to lead to success.
The noble Lord’s amendment also questions whether equally weighted votes should be given priority over other factors. We are aware of and sensitive to other reasons—the noble Lord, Lord Howarth, and others mentioned the importance of local ties and communities—for proposing exceptions to the principle. An identity with or affiliation to certain areas of community is something that many people feel to be of considerable importance. Those of us in this House who have been Members of the other place feel that in particular. We acknowledge that there is a strength of feeling, and we would certainly want those with a local interest to make representations to the Boundary Commission in relation to local ties and for the Boundary Commission to be able to take them into consideration. The Bill will allow for constituencies to vary in the number of electors by as much as 10 per cent—that is, 5 per cent either way—of the UK electoral quota. That will allow the commission to take local factors into account. We will no doubt debate possible exceptions: I am sure that amendments have already been tabled to allow us that debate.
Another issue raised was workload. It is not the case that workload is a factor taken into account by the Boundary Commission at the moment. One speech suggested that somehow the Government excluding that was another manifestation of evil. It would be a judgment of Solomon for any independent inquiry to work out what is a relevant workload for a particular Member of Parliament. The noble Lord, Lord Martin of Springburn, mentioned the high asylum-seeker numbers in the constituency which he formerly represented with great distinction. I remember as a Scottish Minister once visiting his constituency on an asylum-seeker issue; I know precisely what he means. However, as a representative of a landlocked constituency, he never had to deal with an oil tanker carrying 84,000 tonnes of crude oil crashing and spilling its oil in the middle of his constituency. There are different things which different Members of Parliament have, by the very nature of their constituencies, to deal with. It would be more than a judgment of Solomon to try to weigh up what the different workload was for different Members of Parliament.
Lord Wallace of Tankerness
I sincerely hope that when the Boundary Commission produces its review, if this Bill goes on to the statute book and the Boundary Commission review takes place, whoever is the Minister responsible for bringing forward the order will do so with the same determination and integrity as the noble Baroness. An acknowledgement that it had been done by an independent Boundary Commission would command support right across both Houses of Parliament.
A number of noble Lords made the point about how we bring this together. I conclude by indicating that the Government have an ambitious programme for political and constitutional reform. We are keen that Parliament has adequate time to debate all the proposals, and I have not complained that this debate has taken so long. Important issues have been aired. The committee is interested in how the Bill makes the political system more transparent and accountable, but our proposals will give the people a say in determining the method of electing Members of Parliament under Part 1, which they have never had the chance to express a view on before. It is with the people in mind that we want to equalise the size of constituencies to give their votes more equal weight. With these thoughts and reflections, I ask the noble Lord to withdraw his amendment.
Lord Wills
My Lords, this has been a significant debate. Everyone who has sat through the past three and a half hours would agree that everyone who has spoken has made an important contribution to public discourse on these important constitutional issues. However, in many ways the most significant speeches are those that were not made. As has already been pointed out, apart from a handful of brief interventions and one speech which seemed not to have been premeditated but to have been motivated by the rather noble intention to fill the great silence echoing across the Chamber from the other Benches, there was nothing from the Liberal Democrat or Conservative Back Benches. I wonder just how it is that all those distinguished Peers sitting on the government Benches have nothing to say about these crucial constitutional issues. As many noble friends have pointed out, that is revealing.
Then there was the speech that the Minister did not make. I would have hoped that he would have shown some recognition of the potential risks of rushing through this legislation in the way that the Government are doing. There are risks. These are very technical issues. They are complex and relate together, and the consequences are potentially profound. They have not been considered. Over and over again we have heard it admitted by Ministers. These issues have not been thoroughly considered. My noble and learned friend Lord Falconer asked for evidence of the deliberations and discussions. It could not have been deliberated upon or researched with any seriousness in the timescale available to the Government. That is what is needed. These signal a profound change in our constitutional arrangements, yet the Minister has avoided any recognition that there are risks involved in proceeding in the way that he has.
Nor did he produce any serious argument against this amendment. The only argument that he produced is that there is a need for speed, but what is this need for speed? This amendment does not kick it in to the long grass. I respectfully disagree with the noble Lord, Lord Maclennan. It is not inevitable that a commission of inquiry will mean that it is going to get bogged down and will never happen. It is simply a question of political will. If the Government have the political will to drive this forward now, surely in just three years, within the lifetime of this Parliament, they can muster the same political will again. It is entirely a matter for them. There is nothing inevitable or inexorable about this getting bogged down if this amendment were accepted. The Minister produced no good arguments.
I would have hoped that at the very least he might have done what my noble friend Lord Grocott urged him to do, which is what Ministers since time immemorial have done, which is to nod wisely and sagely and say that they will at least consider the issues raised by this amendment and perhaps return to it on Report. But he did not even do that, and I am surprised. I had not expected to push this to a vote because I had thought that I would have a more encouraging response from the Minister. But I did not get it, so I am now in two minds. On the one hand, I think that the frailty of the Government’s position has been so exposed in this debate that it should perhaps be tested in the Lobby. But I am not without hope, so the other part of me still hopes that even now the Government may reconsider their position. I hope that they will recognise that their current position is so bereft of principle and so damaging to their credibility, not just in this Chamber or the other place, but among the people of this country who deserve and demand a say in the arrangements by which they will choose the people to represent them in Parliament. I hope that that will give them pause and that between now and Report they will reconsider and see whether there is a way that they can engage seriously with these issues.
Finally, I remind the Minister that I am not seeking to substitute my judgment for that of the Government on all these important issues. I am simply asking for an impartial, fair and independent process to resolve these issues within a timescale that most people would recognise as reasonable. In the end, I have decided that I will withdraw the amendment in the hope that the Government will reconsider. If they do not, I am afraid that we will have to return to all these issues on Report. In the mean time, I beg leave to withdraw the amendment.