House of Lords Reform Bill

Duncan Hames Excerpts

Monday 9th July 2012 Commons Chamber

[Sadiq Khan]

My hon. Friend is absolutely right: 15 years non-renewable hardly leads to accountability.

A key absence from the Bill is that there will be no referendum. The Government have opted to impose their proposals on the public, rather than trust the people with a vote on House of Lords reform. We think that is an error, and it runs contrary to the growing tradition that major constitutional change should be put to the people in a referendum.

It is not only Labour that calls for a referendum. The Joint Committee also unanimously called for a referendum:

“The Committee recommends that, in view of the significance of the constitutional change brought forward for an elected House of Lords, the Government should submit the decision to a referendum.”

This Bill is much weaker as a result of the Government refusing to include a referendum.

We heard a number of defences of that position from the Deputy Prime Minister. He said a referendum was not needed because proposals to reform the House of Lords were in all three main parties’ manifestos. The manifestos said very different things, however. While Labour and the Lib Dems called for a wholly elected second Chamber—albeit Labour wanted a referendum as well—the Conservatives sought only to find consensus. It is not simply semantics to argue that the Conservatives never actually gave a commitment to reform the House of Lords; they gave a process commitment to seek dialogue to find common ground.

[Duncan Hames (Chippenham) (LD)]

Will the right hon. Gentleman give way?

[Sadiq Khan]

I need to make some progress; I have been speaking for quite a while.

What is the best way to build consensus and to get a second Chamber that has legitimacy and public confidence? One way would be through holding a referendum. That would give consensus, public confidence and greater legitimacy.

Even if all three manifesto commitments had been identical, we would still push for a referendum. First, we would do so because it is in our manifesto. Secondly, as has been highlighted by a number of eminent commentators and colleagues from both sides of the Chamber, we would do so because someone who was opposed to reform of the House of Lords had no way of expressing that opinion at the last election. A referendum would allow a full and frank airing of views and allow voters the option to support, or oppose, the position.

[Duncan Hames]

Will the right hon. Gentleman give way?

[Sadiq Khan]

I want to make some progress.

The fact is that, under these proposals, by 2015, let alone 2025, the way in which the Members of the other Chamber are elected and appointed will be totally different from how it is now. That is a radical change; it is not simply tinkering. If it were just tinkering, I am sure that the Deputy Prime Minister would not be quite so keen to champion the proposals as he is now.

Moreover, Parliament has got into the habit—some would call it a convention, and a good one at that—of holding referendums on major constitutional change. When in government, Labour did so in Wales, Scotland and Northern Ireland on devolution proposals, and in London on the creation of the mayoralty and the assembly. We also did so on giving further powers to the Welsh Assembly. We gave the people of the north-east of England a referendum to vote on regional government —a proposal they rejected. Even this Government have held a referendum on changing the voting system. People will not unreasonably think that the Deputy Prime Minister fears that his latest set of proposals will suffer the same fate as his electoral reform ideas. Referendums were also held in towns and cities up and down the country on proposals for elected mayors less than eight weeks ago. So if a referendum is good enough for Wales, Scotland, Northern Ireland, London, the north-east, Bristol, Leeds, Sheffield, Manchester, Birmingham, Wakefield, and for the alternative vote system, it is certainly good enough for Lords reform—an issue of national significance.

Time prevents me from dealing with the other areas where this Bill needs improvement, which include the length of the terms; whether those terms should be renewable; the cost of the second Chamber; the transitional arrangements; and the system of elections. There are more such issues, but time is running away.

We have made it clear that we will be voting to give the Bill a Second Reading; we support the principle of reform of the House of Lords. As the Government have decided to introduce this Bill, our job is to respond. We will oppose where we think things are not right and we will support them when we think they are the right thing to do. As I have said, on this occasion we will be supporting the progress of this Bill, but the Committee stage will offer the opportunity for the House to shape the Bill into something much better.

It is absolutely crucial—[Interruption.] I will answer the question that Ministers on the Treasury Bench have been chuntering about. It is crucial that the Bill is given sufficient time to be debated in detail. I know that the Chief Whip has now left, but attempts to shorten or stifle debate by the Government would be unhelpful. A fixed period of time for the Committee stage will not allow proper discussion of all 60 clauses and 11 schedules, and consideration of new clauses. Filibustering could render a full and frank debate impossible, which would be an utter travesty for a Bill of this importance. Let us consider the following:

“when there are really important matters before the House…a big Bill when Members want to say what they need on behalf of their constituents, they are unable to do so because of some ridiculous programme motion that does not take into account the gravity or importance of the measure.”—[Official Report, 2 February 2009; Vol. 487, c. 638.]

They are not my words; they are the words of the Deputy Leader of the House of Commons.

--- Later in debate ---

[Sadiq Khan]

I have already told the House what the Deputy Leader of the House thought a few months before he had the burdens of high office. Only two months before he became part of the Government and part of the Executive, he said that programme motions are

“imposed by the Executive to prevent debate”.—[Official Report, 2 March 2010; Vol. 506, c. 819.]

[Duncan Hames]

rose—

[Sadiq Khan]

Let me refer to the manifesto on which the hon. Gentleman stood and won in 2010. In a section on the House of Commons entitled

“Strengthen the House of Commons to increase accountability”,

it stated that Parliament would be given

“control over its own agenda so that all bills leaving the Commons have been fully debated.”

--- Later in debate ---

[Mrs Eleanor Laing (Epping Forest) (Con)]

It is a great pleasure to follow the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson). Although I disagree with a lot of what he says, I have respect for the way in which he says it. I certainly agree with his last point about a referendum.

There is wide agreement in this House and in the other place that we want reform of the second Chamber. Sadly, the Bill before us is standing in the way of measured, necessary reform. If only we had a small Bill that proposed to do what we all know needs to be done, we could get on with it. But we cannot, because the Bill is fundamentally flawed. It undermines democracy in three specific ways: first, it damages accountability; secondly, it has not been subject to proper consultation; and thirdly, it ignores the will of the people.

First, a person who is elected for a 15-year, non-renewable term of office is accountable to nobody.

[Duncan Hames]

How would the accountability of the Members of the House of Lords be achieved under the proposals that the hon. Lady would support?

[Mrs Laing]

I do not know what proposals I would support for the House of Lords, because we have not had proper consultation or proper consideration of what ought to be done. I believe that we ought to have a constitutional convention to consider the reform of Parliament as a whole. Once we have done that properly, I will be happy to give the hon. Gentleman my answer.

Worse still on the matter of accountability, a body of people who, having been elected, claim to have a democratic mandate, will behave as though they had one. There will be no stopping them. They will flex their democratic muscles and challenge this House of Commons. No matter what any Bill or any convention says, they will challenge the primacy of this House.

--- Later in debate ---

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Today’s debate has been passionate and knowledgeable, and it will stand as a fine example of the House at its best. We have heard numerous excellent contributions from right hon. and hon. Members, and we have heard a range of differing views from all parts of the House—some were in favour of the Bill and some against, but most speakers acknowledged that in the name of parliamentary democracy the proposals in it needed to feel the heat of Members’ thorough scrutiny.

Labour Members can be proud of an unmatched record on reform, as my right hon. Friend the Member for Tooting (Sadiq Khan) made clear at the beginning of the debate. We have introduced many of the changes in the relationship between this House and the House of Lords, and we are proud to be the party of reform. The House of Lords Act 1999 finally removed the hereditary principle from membership of the second Chamber. Interestingly, the decision elicited this response from the then Leader of the Opposition, the current Foreign Secretary,

“let me make it clear…that we believe it is wrong to embark on fundamental change to the Parliament of this country without any idea where that will lead.”—[Official Report, 2 December 1998; Vol. 321, c. 876.]

It would be interesting to know whether the Foreign Secretary feels the same about the Deputy Prime Minister’s desire to curb parliamentary scrutiny of the Bill. My feeling is that he just might.

The result of the 1999 Act was that, overnight, the size of the other place was reduced from more than 1,300 to just 669. In 2006 we created the post of elected Lord Speaker, separated the judiciary from the Lords by establishing the Supreme Court and created people’s peers—all steps that strengthened our democracy.

It is also important to remember that in 2003 and 2007 Labour initiated votes on whether there should be a fully or partly elected second Chamber. Although the 2003 votes were inconclusive, the 2007 votes favoured a 100% elected second Chamber. The Opposition recognise that vote and believe that the job of Lords reform will not be complete until we have a 100% elected second Chamber. We committed to that in our last manifesto, and we stand by that commitment.

The Deputy Prime Minister agreed with that policy just over a year ago, as my right hon. Friend the Member for Tooting said earlier. I wonder what made him abandon yet another apparently strong belief. Page 88 of the Liberal Democrats’ 2010 manifesto stated that they would:

“Replace the House of Lords with a fully-elected second chamber with considerably fewer members than the current House.”

Despite all that, the Deputy Prime Minister has made proposals for only an 80% elected House—then again, we all know how much the Deputy Prime Minister’s manifesto promises are worth. Leaving that to one side, it should be clear to all Members that the Bill deserves the fullest possible scrutiny, precisely because of issues such as I have mentioned. The Joint Committee was split, and it is clear that a rigorous debate is required before the issue is settled in statute. The House’s task, therefore, is to ensure that the Bill is fit for the long term, fit to endure in our democracy and fit to last a great deal longer than the legacy of its main architect.

Many hon. Members have referred to the primacy of the Commons, including, to mention just a few, my right hon. Friend the Member for Derby South (Margaret Beckett), the hon. Member for Epping Forest (Mrs Laing) and my hon. Friend the Member for Blackley and Broughton (Graham Stringer). It is now 101 years since the Parliament Act 1911, a measure that the House laid before Parliament to curb the powers of the other place. We should consider how emboldened an elected second Chamber might be if it disagrees with the Commons. As my right hon. Friend the Member for Tooting said, clause 2 reasserts the powers of the Parliament Acts, but it is silent on the future power and roles of a reformed Chamber, and relies on the evolution of conventions for the maintenance of Commons primacy. An elected second Chamber could evolve to challenge the conventions. Rigorous debate informed by constitutional expertise is required on Commons primacy. As the Foreign Secretary has said in the past, it is important to know and to try to establish where such measures lead.

The Opposition believe that such a major constitutional change should be put before the British people in a referendum—another hot topic in the debate. The idea was supported by numerous Members, including my hon. Friends the Members for Rutherglen and Hamilton West (Tom Greatrex) and for Dudley North (Ian Austin), and my right hon. Friends the Members for Knowsley (Mr Howarth) and for Kingston upon Hull West and Hessle (Alan Johnson). The last of those made it clear to the House, in his usual straightforward and blunt style, that he is a strong supporter of the reforms, but he also made it very clear that he supports a referendum. If cities can have referendums to decide whether they want a mayor, surely it is right to trust the British people on such a major change to our democracy.

One must be careful that referendums do not undermine the representative nature of our democracy, but there is a strong case for the mechanism when major constitutional change is proposed.

[Duncan Hames]

The hon. Lady is keen to tell us that the Labour party supports Lords reform and wants a referendum. Will it therefore campaign for a yes vote to deliver House of Lords reform in such a referendum?

[Angela Smith]

That depends entirely on what the Bill looks like when it is presented to the British people. Hon. Members who have sat through the past seven hours of the debate will realise that the vast majority of Members of the House want the Bill debated thoroughly and amended to make it fit to put before the British people. The Joint Committee agreed unanimously on that point. It remains a mystery to Opposition Members that the party that was so keen to hold a referendum on the alternative vote system is so shy of supporting a referendum to determine the essence of our democracy and our parliamentary institutions. What on earth are they afraid of?