Angela Eagle
Main Page: Angela Eagle (Labour - Wallasey)Department Debates - View all Angela Eagle's debates with the Leader of the House
(12 years, 1 month ago)
Commons ChamberWe have listened carefully to the debate so far, confident that we will get a significant majority on Second Reading tonight. But for Lords reform to progress, it needs those who support reform to vote for reform and to vote for that reform to make progress through this House. It is clear that the Opposition are not prepared to do that, so we will not move the programme motion tonight. We remain committed to making progress on Lords reform, and with Second Reading behind us we will then consider how best to take this agenda forward and how best to secure progress through the House for reforms that have the backing of this House. The Government will move a timetable motion before we make progress in the autumn, in accordance with the rules of the House.
The Government’s decision to withdraw the programme motion today is a victory for Parliament. The Leader of the House has talked about a timetable motion, but will he now confirm, so that there is no doubt, that if this Bill passes its Second Reading tonight, it is the Government’s intention to bring forward immediately a motion to commit the Bill to debate on the Floor of this House? Will he also confirm that it is not now the Government’s intention to bring forward a guillotine on this Bill, having effectively lost the argument for a timetable today? We must have the time to debate this Bill and scrutinise it adequately.
I have nothing to add to what I have just said, apart from this: there will be business questions on Thursday, and at that point I hope to be able to tell the House more about the Government’s proposals.
Yesterday we heard a string of passionate and heartfelt speeches about this, the most persistent and difficult piece of unfinished business. On the way into the Chamber we had a flurry of Twitter traffic and nudges and winks which culminated in the statement made by the Leader of the House.
After yesterday’s Liberal Democrat day in this two-day debate, we have arrived at the Conservative day. The right hon. Gentleman promised me last week that there would not be any difference in tone and approach between the two days. I have detected a slight difference since he made his opening statement, but we have now arrived at the Conservative day, opened by the Leader of the House with his usual courtesy and good humour. At least, I thought his speech was a bit dodgy at the beginning, but he recovered his humour and courtesy. The debate will be wound up by the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper).
The Minister with responsibility for political and constitutional reform embarked on a kamikaze tactic on the radio yesterday in support of the Bill when he asserted that Winston Churchill would vote for it if he were here tonight. Let me give the hon. Gentleman a little friendly advice. Never think that it is possible to know more about the political views of a great statesman, a parliamentarian and a war leader than his grandson does. If his grandson happens to be a Member of the House and might be listening to the radio while re-reading his op-ed which torpedoed Government policy in The Daily Telegraph, it is probably better to keep such dubious insights to oneself.
The Deputy Prime Minister did not make himself any more popular among those on the Government Benches when he appeared to denigrate the work of the Lords during his opening speech yesterday. It was noticeable that it took an age before any of his Liberal Democrat colleagues decided to try to help him cope with the friendly fire from behind. His cause was not helped by the Liberal Democrat peer, Lord Oakeshott, who referred to some thankfully unnamed peers as “deadbeats” and “has-beens”. I presume he excluded himself from that colourful description of his colleagues, although I am not sure the compliment would be returned.
Surely we should be able to discuss this important constitutional reform without resorting to such abuse. Surely the issue is not so much about the personal attributes of individual Members of the second Chamber as about how they came to be there.
It is my position, as the husband of a Member of the upper House, to speak dispassionately and without disparaging that House, but surely the hon. Lady must recognise that, as in this House, a wide variety of personalities are to found there, although not a very wide variety of ages, but all its Members have one thing in common: none of them was elected to be there.
I agree with the right hon. Gentleman. I support replacing the current House of Lords with a wholly elected second Chamber. At the last election I stood on a manifesto that contained a commitment to legislate for a wholly elected second Chamber. On all the occasions when the Commons has considered Lords reform in the 20 years I have been a Member of this House, I have always voted for a democratically elected second Chamber, unlike everyone on both Front Benches. It is a matter of principle for me that those who legislate should always bring a democratic mandate to the task.
The Labour party is committed to an elected second Chamber, which is why we will vote for one tonight when we support the Bill on Second Reading. We will do so despite our reservations about the Government’s current proposals, which I will turn to in a moment. The Government’s decision to withdraw the programme motion today is a victory for Parliament. Although we will support the Bill’s Second Reading, we could not have supported the Government’s attempts to curtail debate with a programme motion. We welcome the fact that they have faced up to this reality and withdrawn the motion.
Yesterday the shadow Justice Secretary was asked four times how long the Opposition would require to consider the Bill. Will the hon. Lady enlighten the House on how long the Opposition require now?
I am trying to give the hon. Gentleman an answer that befits the scale of the issues we face, rather than answer a silly question in the way he asked it.
As I was saying, we need to ensure that the Bill has proper scrutiny, because it would replace a wholly appointed second Chamber with an elected one. It would not have been right for the Government to limit the time that a democratically elected House can spend debating proposals to extend democracy. The Opposition believe that it is important that Parliament, not simply the Executive, is in control of the debates on the Bill. We believe that every part of the Bill needs proper scrutiny, because under the terms of the Parliament Acts it is possible that this Bill, as it leaves this House, will be the one that makes it on to the statute book. That makes it absolutely imperative, in our view, that all parts of the Bill are effectively scrutinised here.
The hon. Lady is making a powerful point, but it should not be up to the Executive or the shadow Executive to determine how much time the House takes to debate the matter; that should be for the House to decide. The Bill should not be programmed in any way whatsoever.
We look forward to seeing what proposals the Government actually bring forward. I tried earlier to get a few hints from the Leader of the House, but he seems not to know the answer yet. I hope that we will know soon what the Government intend to do, but the principle that the entire Bill must have adequate scrutiny and that when it leaves this place, it must be fit for purpose is the one that is in our minds.
Opposition Front Benchers asserted yesterday that the timetable motion on today’s Order Paper would not give adequate time for the Bill to be debated as it goes through the House, so they must have some idea of how much time is adequate if they were able to reach that conclusion. Just why was the question asked by my hon. Friend the Member for Hexham (Guy Opperman) on how many days are adequate a silly one in that context?
Programme motions are, in fact, a modern convention. Constitutional measures used to go through the House without any timetable motions, or even guillotines, at all, and with any major constitutional measure on which the Government are determined to deny any referendum, a proper discussion of the relevant Bill is the only check and balance that this House has on change in our constitution.
But one practice that has existed for hundreds of years is the one whereby, when a Bill receives its Second Reading, it is committed by virtue of a resolution of the House either to a Bill Committee—since 2006, a Public Bill Committee—or to a Committee of the whole House. It looks as though if the Bill gets its Second Reading tonight, it will be in complete limbo, which the Pope abolished several years ago. So is it not essential that we have some clarity on where the Bill is going to go, preferably before it gets its Second Reading?
My hon. Friend is exactly right, and that is why I attempted to obtain some clarity from the Leader of the House when he made his bombshell announcement at the beginning of this debate. We would appreciate some certainty from Government Front Benchers on how we can deal with the issue.
The Leader of the House and I have something important in common: we were both Members prior to the introduction of the routine programming of business, and we both know that it is possible to scrutinise effectively a Bill that does not have a programme motion attached, because we used to do so all the time. The Government, following their climbdown today, will have to come forward with new proposals, and the Opposition look forward to seeing what they are, but let me confirm for the record that, after adequate scrutiny, we want the Bill to go to the other place.
Labour has a proud record of reforming the Lords. We have been responsible for all the major changes to the other place over the past 100 years: the removal of hereditary peers, the introduction of an elected Speaker and the creation of the Supreme Court. We wanted to go further and tried in the previous Parliament to pass legislation in favour of an elected Chamber, spending extra time trying to forge a cross-party consensus.
This Government seem to spend so much time on inter-coalition diplomacy, however, that they keep forgetting to work with Her Majesty’s official Opposition, and on issues of constitutional change, that is an insult and a mistake. We will support the Bill’s Second Reading, but the Government’s proposals give us cause for concern in a number of areas that we will need to explore further, so I thought that it would be helpful to the House if I set some of them out.
I was elected on a manifesto promising a referendum on House of Lords reform. That is why the Prime Minister’s and Deputy Prime Minister’s argument—that a referendum is not needed because reform featured in all three party election manifestos—is so disingenuous. Our manifesto offered people a choice. It is the Government who are seeking to deny the electorate a say once the new arrangements have been forged and decided here.
If all three manifestos proposed House of Lords reform and the electorate had no choice, does that not strengthen the case for a referendum, rather than diminish it?
I support the point made by the hon. Member for Dudley North (Ian Austin). I was first elected to this House in 1997, when the question of replacing the pound with the single European currency was active. The Government and the Opposition said, “Wait and see—we’ll let you know after the election whether we’ll keep our own currency,” while the Liberal Democrats said that they were going to scrap it and replace it with the euro. The electorate had no choice on that matter. I think that everyone agrees today that there should have been a referendum if there had been such a proposal.
The Liberal Democrats stood on a manifesto that said:
“Liberal Democrats will do things differently, because we believe that power should be in the hands of people, not politicians. We will give people a real say in who governs the country”.
I would say that people need no bigger say than on the constitutional changes that are being proposed. I do not see what is any different about the need to have a referendum and talk to people about who is going to be governing the country.
The hon. Lady makes a point of great insight and acuity. I merely say to her that the Liberal Democrats also campaigned on the slogan, “No more broken promises”.
Our Government held referendums on setting up the Welsh Assembly, the Scottish Parliament, the Northern Ireland Assembly and the office of London Mayor. This Government have legislated so that every tiny adjustment to European treaties now requires a referendum. Only last year, there was a referendum on extending the powers of the Welsh Assembly. Although some might like to forget it, there was a referendum on adopting the alternative vote for UK general elections. Only this May, a number of English cities held referendums on directly elected mayors. I cannot for the life of me see why the people of Birmingham and Bristol got to vote in a referendum on an elected mayor but are to be deprived of a vote on an elected second Chamber. On major constitutional questions, by convention and by right, the British people have the final say in a referendum. It follows that we believe that there should be a referendum on an elected second Chamber.
I think that my hon. Friend was in the Chamber earlier when the Deputy Prime Minister justified the lack of a referendum on the grounds of cost. She might reflect on the fact that the same Deputy Prime Minister deferred the elections for police commissioners from May, when the cost would have been minimal as they would have coincided with the local elections, to November, on the grounds of their importance. Those elections may be on important matters, but I suspect that they are not as important as total constitutional reform. Why can the Government spend money on one form of election but not on a referendum of this importance?
The hon. Lady asks why the Government do not want to go ahead with a referendum. I wonder whether the answer might be that if a question were put to the British people the affirmative answer to which was, “You will have 450 extra elected, salaried, full-time politicians,” the British people might say no.
I am not sure that the answer to the question is “823—and counting—appointed politicians who legislate” either, so I am sorry to have to disagree slightly with the hon. Lady. The important principle is that when changes of this importance are being decided, the British people should have a say.
Will the hon. Lady remind the House of whether her party had a referendum on the removal of 550 hereditary peers from the Lords?
Is not the significant difference that in our 1997 election manifesto there was a clear and discrete commitment to the removal of hereditary peers, and that in our 2010 manifesto, there was equally a clear commitment to hold a referendum? Does that not show the consistency of my hon. Friend’s position?
I have given way a lot and I want to get on to another worry that we have over the legislation, which we want the debate to focus on in the days and weeks ahead.
The Bill makes an interesting and controversial assumption on the powers of the second Chamber. We are asked to believe that, despite the shift to 80% election, there will be no change in powers. It is important to safeguard the supremacy of the Commons after any reform. Unless the powers and privileges of the two Houses in relation to each other and the conventions covering the way in which they interact are dealt with explicitly, there will be the strong possibility of more frequent conflict between the two Houses post-reform. A mere statement about the supremacy of the Commons in clause 2 is unlikely to be sufficient for the purpose.
Even as we speak, the Salisbury-Addison convention is crumbling away before our eyes. On previous experience, we can expect it to be disregarded much more when there is a Labour majority in the Commons than when there is a Conservative majority.
This is a crucial point. Is it not the case that the preamble to the Parliament Act 1911 presumed that if there was election to the upper House in the future—what would be described as a popular mandate—it would inevitably regain further powers? Clause 2 eliminates the preamble, but not the point that it was making back in 1911.
My right hon. Friend is right that the move from a wholly elected Chamber to one that is almost entirely elected inevitably raises questions about the relationship between and the powers of the two Chambers which we should debate in this place.
With issues that do not feature in the party manifestos, the situation will be even more fraught. The situation with secondary legislation will also be problematic. This is uncharted territory. That does not mean that we should run away from reform, but we must not simply cross our fingers and hope that these issues will miraculously be resolved or will not crop up.
Among all the discussion about reform, does the hon. Lady agree that the great opportunity for reform that is being presented, which those from every part of the House should support, is to ensure that, in future, any major constitutional change of any sort in this country goes through a proper procedure, including a referendum? That would bring us into line with every other democracy of the 21st century, about which we have heard so much.
I hope that the hon. Gentleman would agree that I have been making the case as strongly as I can for a referendum on this issue.
The matter of powers has to be dealt with effectively in primary legislation. We cannot behave as if the Parliament Acts never existed. Merely asserting that they are still on the statute book is not nearly adequate as a mechanism for determining the relative powers of the two Houses.
There are also questions over the length of the terms and the term limit. The core principle of a democratically accountable Parliament must surely be that the legislators are accountable at the ballot box for their decisions. Members of the current House of Lords, as was pointed out more than once in yesterday’s debate, never have to account for their decisions at the ballot box. That is the essence of the democratic deficit that we are all trying to address. However, the Government are proposing a second Chamber where Members will never be accountable for their decisions, because they will be prevented from standing for a second term. That needs to be looked at again.
Along with our concerns over the restriction on re-election, we also have concerns about the proposed length of the terms. Members of this House are elected for five-year terms. It is not immediately apparent that electing Members to a second Chamber for terms as long as those that are proposed will provide much democratic legitimacy, especially when the terms are drawing to a close. There is merit in having longer terms of office in the second Chamber, but we hope to reach agreement on Report on more sensible and practical terms.
We also have concerns about the Government’s proposed electoral system, which we could probably spend many hours talking about. Their preference is a semi-open list, whereas we favour an open-list, proportional representation approach. We will explore the chances of a change in that system during the passage of the Bill.
Is not the logic of what the hon. Lady says about accountability that anybody who is not going to stand in a subsequent election should no longer have a vote? Would that apply to Members of this House who had declared that they intended to stand down?
On the hon. Lady’s point about safe seats and unaccountability, the average time in office for a Member of Parliament is two terms, which was previously eight years. The Bill would enshrine safe seats for 15 years, which is double the expected length of time spent here by a Member of Parliament who has to face the public.
The hon. Lady makes some important points, but does she not agree that it is important that we stop playing politics and start actually doing politics? If we do not put through a proper reform of the House of Lords, we will lose a once-in-a-generation golden opportunity. To achieve proper reform, will she now work with the Leader of the House, whom she clearly respects, so that we can get a proper timetable for seizing that golden opportunity?
I respect the hon. Lady, but it is important that she recognises that it is not playing politics to disagree with a programme motion on such an important matter on which the Government decided without consulting the Opposition. I hope she has realised from listening to my speech that the Opposition are serious about achieving reform of the second Chamber. I hope that we can work together to make progress on scrutinising the Bill appropriately.
The Government propose an 80% elected second Chamber, and 80% is better than zero, but a wholly elected second Chamber would be better still. A House in which one in five Members are not elected could still be one in which the unelected hold the balance of power. Indeed, they could decide every vote. Would that Chamber be truly accountable to the British people? That needs to be reconsidered.
May I take my hon. Friend back to the issue of programme motions? She came here before we introduced them, and by the way, I regret that we ever did. [Interruption.] Yes, and I have been consistent on that. Does she accept that before programme motions were introduced, a number of major and constitutional Bills went before the House and were dealt with satisfactorily? New Members perhaps do not properly appreciate that a programme motion not only closes debate according to a timetable but restricts the rights of Back Benchers much more than an ordinary and open motion of committal to the Floor of the House.
My right hon. Friend makes an extremely good point. As I said earlier, both the Leader of the House and I have experience of getting Bills on to the statute book perfectly sensibly before the era of programme motions. The House is capable of doing that, and it can do it again.
The Opposition have other concerns about the Government’s proposals which we hope to explore further in Committee and on Report, but we will support Second Reading, because we believe the House should ensure that the Bill is properly scrutinised.
It ought to be recognised that the hon. Lady has made very constructive points this afternoon, but she is not really arguing for a motion that ensures that issues that she and other hon. Members regard as important are debated with some protected time. At the end of the day, it should not be possible to block the Bill merely because some hon. Members will continue talking with that deliberate intent.
The difference between filibuster and debate is usually easy to see. The Opposition have said that we want the Bill to go to the Lords.
This is a historic opportunity to reform the House of Lords and I hope we achieve it, but Lords reform alone will not solve the big democratic challenge we face in the UK, which is the disengagement, apathy and cynicism that is such a notable feature of our society. Ours is not the only advanced democracy with that problem, but we must tackle the anti-politics mood. I believe passionately that politics can transform lives and help us to rebuild our society, but the corrosive cynicism of the anti-politics age in which we live is hard to overcome.
I fear that an elected second Chamber will not solve that. Lords reform is long overdue, but we face even greater challenges to our democratic system and values that we can meet only by believing more deeply in democracy and by having more and not less accountability. I do not underplay the profound impact that big constitutional change has on how we do government—it shows that we are putting our democratic values into action where it counts. We should seek to spread the light of accountability and democracy into all corners of our society and challenge the move to plutocracy that has been so evident in the developed democracies in the past 30 years. The Labour Government’s decision to devolve power to Wales, Scotland and Northern Ireland has had a beneficial impact on how we do government in the UK. Although Lords reform is unfinished business and business we must get right and get on with, it is only a small part of the answer to the more profound problems we face.
Every argument I have heard for the status quo runs up against the fact that the British people are shut out of the House of Lords. Each large new influx of coalition peers makes the ever more bloated House even more unsustainable—it now has 823 Members and rising. That is especially true as the size of the Commons is being reduced for narrow party political interest to its lowest number since the Great Reform Act of 1832.
The hon. Lady mentions the influx of life peers. Will she support a ballot of life peers, as was held for the hereditary peers, to bring their numbers down to something more manageable?
There are all sorts of issues with exits from and entry to the House of Lords, which we should debate in the time we now have available for the Bill.
It is plain that the Lords as constituted is absurd and unsustainable. We should propose to the British people replacing it with a wholly elected second Chamber. Except during the interregnum, the House of Lords has existed for hundreds of years, but never once have the British people had a say on whether it should continue to exist. Let us therefore reshape the Bill and reshape the Lords, and ask the British people for their endorsement.