House of Lords Reform Bill
Chris Huhne Excerpts(12 years, 5 months ago)
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Ms Eagle
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.
Ms Eagle
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.
Chris Huhne
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?
Gareth Johnson (Dartford) (Con)
Thank you, Mr Speaker. I am not sure what I am more surprised about—the fact that we are having this debate at all or the fact that I am the first Back Bencher called to speak. I am very grateful to you, Sir.
It is ironic, therefore, that I speak with some reluctance. I have never defied the party line before, and it is something I hope not to do throughout my time in Parliament, but the Bill is fundamentally wrong. I have been a loyal supporter of both the Government and my party, but I am proud to be British, proud of our constitution and proud of our Parliament. The other place forms an essential part of our constitution, our heritage, history and culture, and once it is gone, it is gone. Seven hundred years of history will be undone if we support the Bill.
I want to be able to look my children in the eye and say, “I did not forsake the British constitution. I said no.” The House of Lords is unique because Britain is unique, and we should celebrate that fact, not try to change it. If MPs are not going to protect Parliament, who is? The Lords will just be seen as looking after themselves, as and when they block this measure, so it is down to us. There is nobody else.
Chris Huhne
When my hon. Friend stood at the last election, did he draw his electors’ attention to the contents of the Conservative party manifesto that read:
“We will work to build a consensus for a mainly-elected second chamber to replace the current house of Lords, recognising that an efficient and effective second chamber should play an important role in our democracy and requires both legitimacy and public confidence”?
Gareth Johnson
There was no commitment in the manifesto I stood on effectively to abolish the House of Lords.
We need to be brave enough to say that the Lords works. It is not perfect, but it works. These proposals will ensure that the Lords operates in a party political manner. Legislation will be blocked or supported for purely party political reasons, rather than simply because the Lords believes that the legislation is wrong.
Mr Straw
I am happy to do so, Mr Speaker. I will substitute the word “unconvincing”.
I hope that the hon. Member for Rochester and Strood (Mark Reckless) will concede that I was persuaded by the arguments advanced in this place in favour of referendums. I am now urging the Deputy Prime Minister to do the same.
As I was saying, the fact that those on the Front Benches may agree on this measure does not trump the need for the British people to decide. Indeed, it strengthens the imperative for the British people to have the final say.
Mr Straw
I apologise, but I will not.
It is precisely when the political elite agree that our democracy is most at risk. In any event, is there not a prior question which should decide the issue of whether or not to hold a referendum, namely whether the measure is of such constitutional importance, and affects the balance of powers in our arrangements to such an extent, that it is owned by the British people and not by the political elite in the House of Commons?
The Deputy Prime Minister ignores two other facts as well. First, whatever the agreement between the Front Benches, this measure, as we have seen, is highly contested within, certainly, the two main parties. Secondly—and I offer this very practical point to those on the Front Bench in a spirit of support for the measure—for as long as a referendum is refused, those who take a contrary view, regardless of whether the Bill is subject to a programme motion, will use every method offered by the Standing Orders of both Houses to disrupt its progress, because this House on its own lacks the legitimacy to pass it. In contrast, the moment the Deputy Prime Minister agrees to a referendum, he will find both Houses much more constructive. That is exactly what happened in the case of the EU measures.
The Deputy Prime Minister destroyed the arguments that he was advancing against the principle of a referendum when, in responding to the hon. Member for Penrith and The Border (Rory Stewart), he conceded the possibility of referendums on phases 2 and 3 of the reform. He has conceded the principle of a referendum on a subsidiary issue; what he must do now is concede it on the main issue as well.
Simon Hart
No, I will keep pressing on, if the right hon. Gentleman does not mind.
An obvious reason for regret, which I think we all recognise, is that this Bill is not for the benefit of the nation. It is for the benefit of coalition management, and some would say that it is perfectly justified for the purposes of our Liberal Democrat colleagues. However, it is difficult to march behind generals whom we know are not particularly committed to this either—we know that because the Prime Minister has indicated it to us and because we speak to our own Ministers. This measure is not in the DNA of the Conservative party and actually the party is united on this point. The vote may say something else, but the party, with one or two exceptions, is pretty united in its opposition. We have only to look at the Hansard record of the vote—
Simon Hart
No. We have only to look at the voting records of our Members back in 2011 to realise that.
I shall finish now, although I know that is a great disappointment to our Front Benchers. This is a battle we do not need, it will cost money that we do not have and it will cause rifts that look unappealing to the outside world. This will do nothing for voters. We spent years combating the political and constitutional vandalism of the former Government. I do not want to be part of such vandalism, which is why I would vote against the programme motion, were we to have one, and why I will vote against the Bill on Second Reading this evening.
Karl Turner (Kingston upon Hull East) (Lab)
I want to make my position clear from the outset: I will be supporting this Bill on Second Reading, because, like many others, I was elected on the manifesto promise of Lords reform. However, there was a difference in my manifesto pledge, because Labour wanted a 100% elected second Chamber and a referendum on the issue.
Anybody trying to understand this reform will be confused, because the Bill is missing a guiding principle. The legislative drafters clearly failed to ask the question: what is the purpose? What are the Government trying to achieve? The Bill casts around attempting to placate both pro-reformers and anti-reformers at the same time: it quibbles between accountable and unanswerable; and it cannot pick between elected and expert. The Bill is trying to be all things to all people—it appears that it is entirely Liberal Democrat on that basis.
A full exploration of the failings of the Bill is beyond me in the time available, but I do wish to make three points. The referendum issue is a major one for me, but such provision is completely absent from the Bill. Major constitutional change should be very definitely put to the people, as Labour demonstrated when our Government agreed the devolution in Wales, Scotland and Northern Ireland. Other examples are, of course, available, including this Government’s referendum on the alternative vote.
Chris Huhne
Does the hon. Gentleman agree that there is an exact parallel between the proposal in this Bill and what the Labour Government did in introducing the first direct elections by proportional representation for the European Parliament elections? Will he remind the House when the Labour Government held a referendum on that issue?
Karl Turner
The right hon. Gentleman makes a fair point, but this situation is very different. There are numerous examples under the previous Government where people were given the decision on constitutional reform—
Conor Burns
Let me just make some progress.
I want also to deal with some of the arguments that the Deputy Prime Minister has made. He says of the Lords: “It’s become too big.” I absolutely agree that it has become far too big—so we should stop sending so many people there, then it would not be so big. The average number of peers created under Lady Thatcher was 18 a year, under John Major 26 and under Tony Blair 37, but under the coalition we already average 58. I must say, do not make it too big and then say that is a reason to abolish it. Do not also accuse those of us—
Chris Huhne
The hon. Gentleman surely avoids a key point, which is that the previous, Labour Government faced an inbuilt Conservative majority in the Lords and tried to compensate for that. The coalition Government then wanted to deal with an equivalent imbalance against them, and the situation is unsustainable. We will go on expanding unless reform is dealt with.
Conor Burns
The right hon. Gentleman is absolutely right that the situation is unsustainable and untenable, and that is why many of us are in favour of reform: we are in favour of introducing a mechanism for peers to retire; we are in favour of a limit on their numbers; and we are in favour of strengthening the independent House of Lords Appointments Commission. In short, we are in favour of some of the excellent ideas contained in his right hon. Friend Lord Steel’s draft Bill.
Let us deal with the issue of how we legislate for our supremacy. What are the candidates going to do? Are they going to say to their electorates, “Vote for me, for I have no ideas, I am not going to publish a manifesto, I am not going to tell you what I am going to do if I go to the House of Lords”? Of course they are not. We cannot legislate for the supremacy of this House when another House is elected, and some of the people who tell us that we can are the same people who told us that we could insert clauses into the Maastricht treaty that would guarantee stability in the eurozone. We are setting off on the conveyor belt to conflict between this House and the other place, and it is an unsightly and an unseemly act for a Government to carry out.
I have always had a reverence for the institutions of our country and a profound love of history. The right hon. Member for South Shields (David Miliband), the former Foreign Secretary, who has now left the Chamber, talked about this place and about showing it to young people, and when they come here they see how our democracy has evolved and the battles that previous generations of parliamentarians waged to have this place as the supreme will of the people. When we slam the door in Black Rod’s face, that is not some pantomime theatre; that is an assertion of our historic belief in the power and rights of this Chamber.
Mr Edward Leigh (Gainsborough) (Con)
We have heard many fine speeches over the past two days, but one of the finest was made by my hon. Friend the Member for Bournemouth West (Conor Burns). Of course, I have absolutely nothing to lose personally by voting against the Government tonight, but he has. However, I assured him this morning that the French have a phrase, “Reculer pour mieux sauter”, which means, “To retreat better to leap forward”, and that is what he will do. The House always respects somebody who resigns on a point of principle, and it has always been a matter of great regret to me that I did not do it over Maastricht. I have lived to regret that, but he will not regret his decision, I assure him.
The good speeches have been those based on principle. There has been a lot of criticism of the Deputy Prime Minister, but I thought that he gave a good speech because it was based on his own principles, although I did not agree with him. He was like a young officer at the battle of the Somme, marching forward, assailed on all sides, ultimately to senseless destruction, but there was nothing wrong with what he was arguing for. I do not usually like to be party political, but the two weakest speeches came from the Opposition Front Benchers, who, like St Augustine, said that they want to stop sinning but not yet. They said that they are in favour of the Bill but have not been prepared to answer consistent questions about how much time they want for it.
On a great constitutional issue such as this, one has to be prepared to argue from first principles. I am afraid that I am a Conservative and therefore generally wish to conserve things. Certainly if something is working, I wish to conserve it. I know it is a bit of a cliché, but Lord Falkland’s dictum that when it is not necessary to change it is necessary not to change is true of the House of Lords. Basically, it works, and I do not want to change it. I start from that point of first principle and will not easily be budged from it.
What is so important about this Bill that the Government are prepared to wade through months of purgatory to try to secure it? We heard earlier that apparently the Catholic Church has abolished limbo, but it has not yet abolished purgatory, and if this Bill is allowed to continue our party will be in purgatory, as we were over Maastricht, for week after week and month after month. What is the great point of principle? When the whole country is assailed by such appalling difficulties and problems, when we know that the economy is not going anywhere, when we are constantly having to wade through blood and make cuts where we do not want to make them, what is so important about this Bill? Why have the Government, with, dare I say it, some parliamentary incompetence, placed themselves in a position whereby they have handed power to the Opposition? I criticise the Opposition, but they are only doing their job. Labour is a ruthless operation when it comes to opposition—it is much better at it than we ever are—and it is playing this very well in trying to gum up the whole works.
What about all the other Bills? Are they not important? Are we not here to try to achieve something?
Chris Huhne
Is the hon. Gentleman aware that on D-day, when we invaded France, this Parliament was discussing Rab Butler’s Education Bill? Does he not agree that Governments, on balance, should be able to walk and chew gum at the same time?
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I have been impressed by many of the speeches today and yesterday. I felt rather ashamed of the House last week—the debate on the banking crisis was not the greatest day for the Chamber—but these past two days have made me very proud to be a Member because the quality of the contributions has been rather fine, whether I have agreed or disagreed with them.
The hon. Member for Gainsborough (Mr Leigh)—he and I served as Chairmen of Select Committees on the Liaison Committee and know each other well—said that he was a Conservative and that people would not expect him not to be one. I came into politics as a radical, and hon. Members would expect me to continue as one. I have therefore been worried about my choices for this evening. I ran on the Labour manifesto, which contained a commitment to reform of the House of Lords. Like most hon. Members, I do not like voting against my party, but the fact is that the more I contemplated the situation today, the more I convinced myself—this happened quite early in the debate—that the House of Lords reform pledge in the Labour manifesto would not have resulted in this Bill. I am under no obligation tonight, then, to vote for a piece of legislation that no Labour Government, had we won the last election, would have brought before the House. So I shall not be voting for Second Reading.
Being a radical, I believe that the Liberal Democrats must be given a lot of recognition and admiration. Every way we look, political culture in our country is in a pretty bad way. In 1950, 85% of people were engaged in politics, but now that figure is down to 65%, and 6 million people do not even bother to register. Even in this time of crisis, with the economic challenges creating a serious situation for the people whom we represent, very few people vote in local elections. In general elections, too, there have been very low levels of participation.
Furthermore, membership of political parties is at an all-time low, as Members on both sides know. Labour and the Conservatives have the same miserable membership figures—there is not much between us—and the numbers of active members in our constituencies are not what they used to be. The Liberal Democrats are also struggling. Our political culture is in crisis, yet nothing in the Bill will radically tackle the malaise in our country and political system. In fact, the Bill takes our minds off the worrying aspects of our political system. We have to do something. Being old-fashioned, I would have liked either a constitutional commission or—dare I dig up this idea—a royal commission, the latter being much favoured by former Labour Prime Minister, Harold Wilson.
We ought to give the Liberal Democrats credit, however, for recognising the malaise and coming up with a couple of answers. The first was proportional representation, although they were defeated on that and I did not think it the quick fix, or even the difficult fix, they thought. They have also come up with Lords reform. I think they do it with the best of motives.
Chris Huhne
The alternative vote system can never be described as proportional representation. It is a majoritarian system. PR has never been put to the people of this country.
Mr Sheerman
I was trying to be kind to the Liberal Democrats, but obviously it has not worked.
By their own lights, the Liberal Democrats are trying to do something about the malaise in our political culture. The rest of us, in the other political parties, have to recognise that there is something deeply wrong with the levels of participation and democratic activity.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I am grateful to catch your eye, Mr Deputy Speaker, in what has been a superb second day of this two-day debate.
I noticed that when the Deputy Leader of the House closed the debate yesterday evening, he referred to the fact that it was “half-time” in the football game. I can only assume that Mike Bassett has been coaching those on the Government Benches on their tactics, given the absurd situation in which we find ourselves. As my hon. Friend the Member for Wallasey (Ms Eagle), the shadow Leader of the House, pointed out last Thursday, we would have Liberal Democrat Ministers arguing for one case on the first day and Conservative Ministers arguing a different case on the second day. We saw that yesterday, when the Deputy Prime Minister said that we had to have a programme motion and that the Bill would collapse without one because it would be filibustered out. Today we heard the Leader of the House say that, actually, that was not the case at all, and that the Bill would still proceed without one. Perhaps when the Minister sums up he can clarify which of the two parties in the coalition he will be supporting in the months ahead.
It is a great fallacy that this debate is about reformers versus traditionalists. Every Member who has spoken has argued the case for reform. The argument is about what reform should be—or, indeed, the argument of those Members who wish to abolish the House of Lords as it stands. Members on both sides of the House have genuinely wrestled with some deeply held views. I pay tribute to my hon. Friends who, although having reservations, were going to support us on the programme motion. I equally pay tribute to hon. Members on the other side of the House who have wrestled with their consciences and their party loyalties long and hard, and have come to the principled decision that the constitution of our country is more important than the narrow party politics of the coalition. Both sides should be equally commended for the principles that they have defended in the last few days.
There are some other fallacies that need to be tackled. This is a Liberal Democrat Bill. We know that from the sheer number of Lib Dems who have sat through the debate.
Chris Huhne
It is very clear that this is a coalition Bill. If the hon. Gentleman had been in the Chamber when the former Justice Secretary and former Foreign Secretary, the right hon. Member for Blackburn (Mr Straw) was speaking, he would know how substantial the resemblance between this Bill and the proposals brought forward by the previous Labour Government is.
Thomas Docherty
I was here throughout the afternoon, but the fact is that a plethora of Liberal Democrat Ministers have been clearing their diaries. Indeed, I cannot recall the last time when so many Liberal Democrat Members were in the Chamber.
Nick de Bois (Enfield North) (Con)
I am grateful for this opportunity to share a few words with the House. I made a simple promise to my electorate in May 2010. I said: “I will always put first my country; second my constituency and third my party and serve you in that way.” There are few other causes than voting against the Bill that serve both my constituents and my country so well. I cannot support the Bill.
When I stood in 2010, I did not realise that it could be the last election when voters would elect a House of Commons in the knowledge that they were, in effect, electing the Government. In 2015, they could very well simply be electing one of two Chambers that will ultimately lead them to gridlock.
I am certainly not prepared to rush legislation on a major constitutional issue. I am pleased the Government have seen sense today and withdrawn their attempt to time limit the debate, but they must heed the House and not attempt to do that at a later stage. This is a constitutional issue, make no mistake about it. I hope the House sends a signal tonight that the Government do not have the authority to proceed on their timetable as opposed to the timetable of this House. That is another reason why I will vote against the Bill tonight.
Chris Huhne
When the hon. Gentleman faced the electorate in his constituency at the general election, did he draw attention to the fact that he disagreed with his party’s manifesto on urging a mainly elected second Chamber? That is what the Conservative manifesto said.
Nick de Bois
Let me nail the myth that the Liberal Democrats continually present: there was no consistency among the three major parties in the House. We agreed to work for a consensus. If nothing else has been shown in the House today, it has been shown that there is no consensus for electoral reform—I suggest the right hon. Gentleman has not been listening.
I shall not detain the House much longer. My regret is that the debate has been about the composition of a second Chamber and not about its function, outcomes and what we want it to do. I was shocked to find myself agreeing with the right hon. Member for Holborn and St Pancras (Frank Dobson), who used the analogy of selecting a team before knowing what game is to be played. We have spent time debating whether we should have an elected Chamber, but we have given no thought to its role and the relationship between both Houses and the Executive. Until we answer that question, it is impossible for us to determine the form of any proposals.
I support the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper) and draw attention to what he said in 2007. In saying that he could not accept the content of the Bill being debated at that time, he said:
“A democratic upper House would challenge…conventions, and because we would not have had a debate about the proper role of the two Houses and the relationship between Parliament and the Executive, we would not be in a good position to make decisions”.—[Official Report, 7 March 2007; Vol. 457, c. 1587.]
I accept that, as result of the Bill, we have discussed some elements of what we expect from a second Chamber, but we are starting at the wrong end.
Sadly, to the many Opposition Members who declare how concerned they are about the Bill but who are not prepared to vote against it and then work to form a consensus on a Bill that we can all accept, I say, “Shame on you.” This is a lost opportunity for our Parliament, our democracy, our constituents and, above all, our country.