House of Lords Reform Bill

Ian Swales Excerpts

Tuesday 10th July 2012 Commons Chamber

[Ms Eagle]

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.

[Ian Swales (Redcar) (LD)]

Will the hon. Lady remind the House of whether her party had a referendum on the removal of 550 hereditary peers from the Lords?

[Ms Eagle]

That was part 1 of a reform; it was an interim arrangement. I think that once we get to a stage where elections are being introduced and our institutions are being changed for good, a referendum is appropriate.

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[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.

[Ian Swales]

This is not a Liberal Democrat Bill, but a coalition Government Bill.

[Mr Sheerman]

I understand that perfectly. I know the system and what the coalition Government are about, and I sympathise with the position that the two parties are in. They have to work together and make these agreements, and they are having a problem at the moment, but the fact is, as we all know, that the Liberal Democrats have persuaded the Conservatives to include certain things in the coalition agreement.

I want to look back over my time as an elected representative in this House. We have had more constitutional change in this Chamber in the past 30 years than at any other time in the history of our country, and everyone has become an expert on the constitution. The previous speaker, the hon. Member for Penrith and The Border (Rory Stewart), is an expert on the constitution. We have had many experts on the constitution. I can remember when people on both sides said that referendums were not British, and I can remember criticising the first referendum on membership of the European Union promoted by Tony Benn. I called it, “Tony Benn out of Benito Mussolini”, because dictators love referendums. They are a way out of the problems of weak leadership. The House does not need referendums for everything.

The Bill could have been amended to constitute a positive reform of the House of Lords. There is no need for an elected Lords filled with party apparatchiks similar to those down here. The danger of the Bill is not that the other place will get strong and flex its muscles and that we will become weaker; my concern is that it will simply become a pale and timid shadow of this place. Nobody wants that. I want a strong, reformed upper House. With the time and the opportunity, we could have reached an agreement on an all-party basis, but tonight I will not be voting for Second Reading.

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[Wayne David]

It is indeed important to establish a consensus. I will come to that crucial point.

It is also important to have a comprehensive view of how our constitution must change, but the essential point is that the Government’s proposals will, I believe, result in the two Chambers of Parliament being locked in endless conflict, resulting in government grinding to a halt. That is not in the interests of democracy.

Members have raised a wide range of other concerns in this debate. A number expressed concerns about the issue of hybridity. Some have expressed bewilderment at why the Liberal Democrats favour it when they argued for a wholly elected Chamber in their manifesto. However, as a number of Labour Members have pointed out—they include my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty)—we are, after all, talking about the Liberal Democrats, and principle is not one of their strong points. I will make an offer to the Liberal Democrats tonight. I say to them: work with us and we will support you in working for what is in the Liberal Democrat manifesto—a fully elected second Chamber.

Members have expressed concerns today about the voting system, and about the particular kind of proportional representation that is being proposed. The hon. Member for The Cotswolds referred to the weakness of the d’Hondt system. Many Members are also perturbed about the proposed size of the second Chamber, and the proposal for part-time and full-time Members. Then there is the cost. The Government were reluctant to come forward with accurate figures, but we know that reform will not be cheap.

Significantly, a number of Members have already begun to dig down into the details of the Bill. They have expressed their unease about ministerial appointments and about the vagueness of the Government’s intentions. Several Members have also questioned the complex transitional arrangements that would take us from 2015 to 2025, but one of the biggest concerns that Members have expressed relates to the single, non-renewable, 15-year terms. My right hon. Friend the Member for South Shields (David Miliband) made a powerful case in favour of such terms, but other Members made the point that only an accountable system can be fully democratic. It is said that if there is no re-election, there can be no accountability, and the House clearly needs to examine that issue in greater detail.

In the course of this excellent two-day debate, hon. Members have pinpointed with accuracy and passion the wide range of complex and important issues that we, as legislators, have a duty to get right. As we have heard time and again from Members on both sides of the House, a major constitutional change such as this requires a referendum. As we all know, referendums have been held on devolution in Wales, Scotland and Northern Ireland. They have also been held on proposals for a Mayor of London and a Greater London assembly. There was a referendum to decide whether there should be an assembly for the north-east of England, and a referendum last year on the alternative vote system. There have been referendums on whether to have mayors in nearly 50 towns and cities, and on whether the Welsh Assembly should have more powers. There was even a referendum in Wales on the opening of pubs on Sundays, yet the Deputy Prime Minister says that there cannot be a referendum on the most important constitutional change in 100 years.

[Ian Swales]

Will the shadow Minister tell us whether there was a referendum on the House of Lords Act 1999?

[Wayne David]

I shall respond to the hon. Gentleman by making two points. First, that was hardly a profound constitutional change. Secondly, the provisions were in our manifesto, and we implemented them.

Let us not forget that the Joint Committee on the draft House of Lords Reform Bill came to a forceful conclusion. The last paragraph of its report states:

“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.”

That was the unanimous view of the Joint Committee. We heard yesterday that the Deputy Prime Minister had accepted some of the Committee’s recommendations. That is to be welcomed, but we have to question why he did not accept its most powerful recommendation. Surely it cannot be the case that he favours referendums only when it suits him.

The Government have claimed that there is no need for a referendum because Lords reform was in all three party manifestos. It is true that a commitment to Lords reform was in our manifesto, along with a promise to hold a referendum on the matter. It was also in the Liberal Democrats’ manifesto. I respectfully point out—[Interruption.] No doubt the Chancellor has come to say sorry, Mr Speaker. I respectfully ask the Deputy Prime Minister, who has obviously had someone come in to give him advice, to acknowledge that we need consensus. I believe that that is true; we do need consensus for Lords reform. That is said in the Conservative party manifesto, which brings me to my next point.

Important constitutional change can be brought about only through consensus. That was the view of the last Labour Government and it is our view today. Despite repeated offers by us to work with the Government to establish common ground, those overtures have been greeted with a deathly silence. That is a great shame, but it helps explain why this Bill is seen by so many as partisan.

Finally, this has been an interesting and indeed historic couple of days. There is a lack of clarity about where we go from here. I look forward to hearing the Minister provide that clarity, but I say to the House that Labour Members stand ready to be positive and to work effectively for reform of the second House, and I hope that the Government will respond to our positiveness.