House of Lords Reform Bill

Debate between Dan Byles and Jesse Norman

Monday 9th July 2012 Commons Chamber

[Dan Byles]

Thank you, Madam Deputy Speaker.

Discuss this issue we must. Most Conservative Members are of the view that we would rather not, but if we have to it must be discussed fully and properly. This is a fundamental and irreversible constitutional change. It is not normal Government business. The idea that such a change should be rammed through with the routine whipping and programming is unthinkable.

The Bill is not about democracy. Too many people who support it seem to think that simply using the word “democracy” shuts down the debate. That is not the case. I was a soldier for nine years. I took the Queen’s commission and served Her Majesty. I was taught at the Royal Military Academy Sandhurst and the Royal Military College at Shrivenham to uphold and preserve democracy and the rule of law, which I do. I challenge anybody in this Chamber to tell me that I do not support democracy. That I support it does not mean that I must support the Bill.

My hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) described eloquently our complex and ancient constitution. The right hon. Member for Birkenhead (Mr Field) made a passionate speech on the nature of the upper House and its specific and unique role in our constitution, which does not automatically require that its Members be elected. I was rather hoping that I would be called to speak immediately after him, because I would have been tempted to say, “What he said,” and sit down.

My hon. Friend the Member for Carlisle (John Stevenson) ran through a list of other parts of our system that are elected. Interestingly, I have the same list in my speech in order to make the opposite point. My constituents already have the opportunity to elect every level of government. They elect parish councillors, borough councillors, county councillors, Members of Parliament and MEPs. They elect their Government when they elect their MP. That is our system. If we move, in an ill-thought-out way, to a system in which they also elect, in a manner of speaking—I am not a fan of this system of proportional representation—Members of the other place, which House will form the Government? That system will result in confusion and chaos.

This change is being imposed. There is no suggestion that it will go to the people in a referendum, unlike the question of whether the people of Coventry want an elected mayor, as numerous colleagues have pointed out. Apparently, this fundamental change to the constitution of our country is not suitable for a referendum. The people who want to impose this fundamental change should at least come to the House to explain what the upper Chamber is supposed to do, what it is about the current system that is failing to achieve that end and how the proposals will achieve that end better.

It seems to me that the Bill fails in what it sets out to achieve. It will not make the upper House more accountable. I will not repeat the arguments involving the party list system and the 15-year terms, but the new Members will not be accountable. The Bill will not end the Prime Minister’s right of patronage. Ministerial Members will be appointed by the Prime Minister, not by an independent appointments commission, and he will be able to appoint as many of them as he wants. As long as fewer than eight of them are serving as Ministers at the time, he can appoint more. He can appoint eight on day one. If they all resign on day two, he can appoint eight more. He can do that every day. The power of parliamentary patronage is therefore still there. That means that it will not be an 80% elected Chamber. If each Prime Minister appoints only eight ministerial Members in each Parliament and they stay for three Parliaments, it will be a 74% elected Chamber. Let us call it what it is. And that is ignoring the Lords Spiritual.

[Jesse Norman]

Has my hon. Friend raised that topic with the Ministers who are responsible for constitutional affairs? I would be very interested to hear what the answer was.

[Dan Byles]

My hon. Friend is being naughty, because he knows that I have. He knows that there was some confusion in the Ministers’ office about how many times the Prime Minister could appoint eight ministerial Members. At one point, it was suggested that they could appoint only eight per Parliament. However, a constitutional expert in the upper House, whom I shall not name because I have not asked his permission, assures me that as the Bill is written, there is no limit on the number of ministerial Members who can be appointed.

The scope for constitutional deadlock that the Bill will bring about has been described at great length and with eloquence. Those who want us to give the other place what they see as more democratic legitimacy cannot run away from the fact that it will want to use and exert that legitimacy.

I am pleased that the Deputy Prime Minister is back in his place, because I would like to pick up on one of his points, if he is listening. He is not. He was naughty in his opening speech when he discussed the potential costs of the reform, because he included the costs of reducing the size of this place. The House will know that that was in entirely separate legislation that will be on the statute book regardless of whether this Bill is accepted. That reduction should form the baseline from which the costs of the Bill are judged.

I stood on a manifesto commitment to seek consensus on House of Lords reform. It is quite clear that that consensus has not been reached. When the Joint Committee, in an unprecedented move, issued a minority report signed by almost half its members urging that a constitutional convention be set up, because this matter was too important to be left to grubby political horse-trading, people should have sat up and taken notice. That is why I cannot support the Bill and certainly cannot support the programme motion.