House of Lords Reform Bill

Debate between Jacob Rees-Mogg and Lord Young of Cookham

Tuesday 10th July 2012 Commons Chamber

[Sir George Young]

I now regret giving way to the right hon. Gentleman, because I am sure that there are other Members who would have made a more worthwhile point if they had intervened. Looking around, I see a large number of colleagues behind me, and I have all the support that I need.

On primacy, the fact is that Members of this House are all elected on the same day, on the basis of a party manifesto. We are elected to the pre-eminent House in Parliament—pre-eminent because it sustains the Executive, controls supply, and produces the Prime Minister. We submit ourselves for re-election, which is when the country gives a verdict on our performance. None of those conditions would apply to the second Chamber as proposed in the Bill. Elected Members would not be elected all at the same time, but over a longer period—a move supported by the Joint Committee on the draft House of Lords Reform Bill. The other place would have no mandate to rival the mandate of those in this House; indeed, some Members of the other place would be not elected, but appointed. The notion that they could somehow convert themselves into an equally legitimate Chamber that could challenge the authority of this House is simply far-fetched.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Will my right hon. Friend give way?

[Sir George Young]

No, I am pressing on. Nothing in the Government’s Bill changes the current status of the second Chamber, which is clearly defined as complementary and subordinate to this House. Its only powers are those given to it by this House, which remains pre-eminent. The second Chamber would simply not be able—even if it wanted to—unilaterally to change its powers after reform, any more than it can now.

Another misconception relates to the Government’s preferred electoral system for the second Chamber. An assumption has arisen that, somehow, Members of the upper House who are elected on party lists will have been parachuted in by the party leadership. I say as delicately as I can that this has not been my party’s experience with Members of the European Parliament, some of whom have proved robustly independent in their opinions, and in expressing them, and were certainly not the preferred candidates of the leadership. Indeed, this argument ignores totally the democratic hoops through which candidates must jump before being selected: primaries, public meetings, and the scrutiny to which people seeking election are properly subjected.

Whereas there is a closed list in the European Parliament, we propose a semi-open list, so voters can overturn the order predetermined by parties. Ultimately, colleagues who have an issue with the Government’s proposals will want to analyse and probe them in Committee, but I do not believe that the list system will have the consequences that some have suggested.

Committee on Standards and Committee of Privileges

Debate between Jacob Rees-Mogg and Lord Young of Cookham

Monday 12th March 2012 Commons Chamber

[Sir George Young]

My answer now is the same one I gave to my hon. Friend a moment ago: there is no change in the resources available to hon. Members. Currently, some decide to take legal advice and pay for it out of their own pocket; others simply represent themselves. We are not proposing changes to the way in which Members interface with the Committee, but seeking to ensure that the Committee’s decisions have greater credibility in the outside world by adding lay members to it. That is the only change that we propose to make.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Following on from the point made by my hon. Friend the Member for Cities of London and Westminster (Mark Field), who said that high-powered legal figures might be appointed, I would be very concerned if judges were appointed to the panel as lay members, because that would be against the separation of powers. Will the Leader of the House give an indication as to whether judges would be appropriate?

[Sir George Young]

We are trying to get lay members. Whether a judge is a “lay member” is an interesting question. Speaking off the cuff, I do not think we propose to exclude any particular profession. Whether a high-powered judge would want to put his name forward to the House of Commons Commission for this interesting post I am not sure, but it will be a matter for the Commission to consider the candidates that come forward. Some might have a legal background. I am not quite sure that it would be appropriate to appoint a serving judge as a lay member, but somebody with a legal background might not be wholly disqualified.

May I move on to safer territory, namely amendment (a), which was tabled by the Chair of the Backbench Business Committee? The amendment would exclude business arising on a report from the Committee on Standards from the definition of Back-Bench business. It would thus prevent the Backbench Business Committee ever scheduling business arising from the work of one Select Committee and return exclusive control over that business to the Government, which is contrary to the spirit of the Wright recommendations—I read paragraph 176 a few moments ago.

The hon. Member for North East Derbyshire (Natascha Engel) envisages that the establishment of a Committee on Standards to accommodate lay members should be an occasion to reopen the settlement reached in 2010 on the scope and calculation of Back-Bench business. Although there may be a dialogue on that matter in due course, I do not think this is the right forum in which to consider it. It could certainly be considered in the review currently being conducted by the Procedure Committee. I would invite the hon. Lady not to move her amendment. If she does, I urge the House to oppose it if it is pressed to a Division.