Conflict Decisions and Constitutional Reform

James Gray Excerpts

Thursday 19th June 2014 Westminster Hall

[Mr Allen]

For the convenience of Members, I asked the powers that be whether it would be possible to take the two together, which will allow people such as the hon. Lady to catch their trains back to their constituencies if they intervene early, rather than having to wait for the second debate. I thank the Chair for assistance in that.

If I may, I will introduce the first of the two topics: Parliament’s role when the country goes to war. It is an onerous responsibility, and in many ways we have been relieved of it over the years, because the Executive, exercising their control over the legislature, have often not bothered to involve Parliament. In a modern democracy, that is no longer a tenable way to run our affairs and govern ourselves. For me, the most obvious abuse of the system—one that demonstrated that a new, clear, honest and open relationship between Government and Parliament was necessary—came with the events around the Iraq war.

As our troops were gathering in the desert, it was pretty evident—every news channel was certainly briefed—that something was going to happen and that serious engagement was going to take place, but Parliament had gone into recess. I and numerous others were keen for Parliament to return and have a debate and discussion. Our Prime Minister was popping off to Camp David for regular discussions with President George W. Bush, who was keen to go into Iraq, yet our own Parliament had not been convened. Members of this House from all political perspectives and with all views on Iraq were not allowed to vocalise those views in the forum of the people.

It got to such a point that I and others organised petitions to the then Speaker to reconvene the House. They fell on deaf ears, and it became evident that in fact it was not within the power of the Speaker to recall Parliament; he could only do so at the behest of the Government. Perhaps my Committee needs to have another look at how Parliament is recalled. The power vested in Government was obviously not being used to request that the Speaker recall the House. I remember that it got to the point where I asked whether it would be possible for a Member or many Members to get together and hire, rent or be given permission to use a place to have our own debate, without having to recall the full panoply of the House. Of course, that was dismissed without a thought. We were getting ever closer to war—to a decision that some of us felt would make millions of terrorists, rather than reduce the chances of global terrorism. It was a very important question—not a little bush fire war, but a regional war that would have consequences for decades, possibly centuries—but no, the House could not come back.

I started to organise a way for my colleagues in all parts of the House to create their own parliament, to give Members of Parliament a chance to get together and voice the concerns that were clearly out there among the British people. We hired Church House over the road. I asked Members if they wanted to come to our parliament—a Members’ parliament, rather than an official Parliament—and we got to critical mass when a majority of the non-payroll vote replied “Yes” to the invitation to Church House. The former Speaker, Jack Weatherill, agreed to put down his name as speaker, with the proviso, which he and I discussed, that every Member who attended had at least 10 minutes on their hind legs to say what they felt about the impending war, even if that meant—this is the first time you will hear me say this, Mr Weir—an all-night sitting, something I opposed when we, thankfully, won the battle on that issue many years ago. Everybody would stay there, and Lord Weatherill would sit there, until everybody had had their say.

Even that did not get Government to reconvene Parliament. What did was that I communicated with the BBC, which agreed to cover the parliament in Church House gavel to gavel, as the BBC called it—from the opening moments until the close. Within a matter of hours, I received a phone call from the then Leader of the House, Robin Cook, who told me that the Government were going to reconvene Parliament.

We should not have to do that. Members of Parliament should not need to organise their own parliament to consider such issues. It is an abuse of our democracy that that takes place. Although in the end there was a vote, despite the biggest rebellion in a governing party in British political history, people on the payroll vote sided with the Prime Minister of the day, and people were threatened, intimidated and cajoled into supporting the Prime Minister. Sadly, my soon-to-be good friend, the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith), who was then the leader of the Conservative party, led most of his troops through the Prime Minister’s Lobby, although the right hon. and learned Member for Rushcliffe (Mr Clarke) and many others, including Liberal Democrat Members, sided with the incredibly large number of Members of Parliament who said that now was not the time, and that the case, importantly, was not proven.

[Mr James Gray (North Wiltshire) (Con)]

Will the hon. Gentleman give way?

[Mr Allen]

I will in a second. What that underlines to me is the need for process. In a democracy, in which a Parliament and a Government need to work together, there must be an accommodation, a form of words that both Executive and legislature can agree on that allows sensible debate. I will define “sensible debate” in a moment, when I have given way.

[Mr Gray]

I am most grateful to the hon. Gentleman for giving way. He is making an extremely interesting speech. He has spoken on these matters extremely interestingly for 10 or 15 years, to my knowledge. However, I am slightly puzzled by his line of argument. First, he is of course right about the recall of Parliament, but that is entirely separate from the matter that we are discussing. Of course Parliament should be recalled when something important has to be discussed, but that has no relevance whatever to what we are discussing now. Secondly, he may not like the outcome of the vote on Iraq, and he may say that people were cajoled and persuaded by the Whips to vote in a particular way and all those things, but that is precisely what happens for every single vote in this place, and quite rightly, too; that is the nature of democracy.

The interesting thing about the Iraq vote is that for the first time in 250 years this Parliament voted to go to war. Incidentally, the hon. Gentlemen is wrong in saying that there was simply that last vote on 13 February—I think that was the date. There was also a vote in November and another in December. The House of Commons voted three times to go to war in Iraq, and that was the first time in recent parliamentary history, going back to the 18th century, that Parliament had in fact voted to go to war.

[Mr Allen]

I do not disagree with any of the facts that the hon. Gentleman has outlined. In fact, we are in the middle of an interesting discussion in The House magazine. It is one of those debates in which one person writes a paragraph, then their opponent writes a paragraph and then the first person comes back. It is very interesting stuff, and I am having great fun with the hon. Gentleman; I hope that he is, too.

This is not about the facts. It is about the interpretation; it is about the judgment. Above all, for me, it is about process; that is the point that I am trying to make. It is about having the right process. To be told what to do and “This is the way we’re doing it” is not my definition of process. Process seems to involve more than one party, and in this case the Government of the country and the Parliament of the country, I think, can work out a sensible way to go forward.

[Mr Gray]

Will the hon. Gentleman give way?

[Mr Allen]

Let me just make this argument first—

[Mr Gray]

This is a central point—an absolutely central point.

[Mr Allen]

—and then I will give way.

[Mr Gray]

I thought you said you would give way.

[Mr Allen]

If the hon. Gentleman allows me to speak and does not heckle me, he may get in a little faster than he is currently likely to do.

The process is very, very important, and I believe that my Select Committee, with its members from all parties producing unanimous reports, could not have done more in attempting to craft words that would satisfy all parties. It may just be a rumour, but I understand that most of the Departments in Whitehall and most of the Ministers involved are content with the words that we have all come up with, apart from one Department—I understand that it may be the Ministry of Defence; I do not know—which still feels that any legitimate process would be inhibiting, so let me just address one remark to the Ministry of Defence, if indeed it is the MOD or its Minister who is doing this.

It is a great strength, when people go or have been to war, if they have legitimacy in what they are doing. In a modern democracy, if people choose to push and cajole elected Members of Parliament, members of the public and others into a particular view without making their case—not without voting for or against; I am not even suggesting that—they lose the moral high ground. They look as though their case is weak. We need to develop a process and a procedure whereby we strengthen our democracy, particularly when we are fighting against people who care nothing for moral or ethical values and will, at the drop of a hat, ride roughshod over democratic process. We above all should not do that.

The final—

[Mr Gray]

Will the hon. Gentleman give way?

[Mr Allen]

The final point that I will make on this—

[Mr Gray]

Will the hon. Gentleman give way?

--- Later in debate ---

[Mr Allen]

I am probably less interested in the history of this, although we need to learn from the history and the ins and outs of what happened—all the dossiers, the weapons of mass destruction and so on. What I am interested in as a parliamentarian is that we all learn the lesson of how we can do this better. That is the main thing that my Select Committee is pursuing. There are people on my Select Committee who voted one way, people who voted the other, and people who were not even in the House at the time, but we have an interest in saying, “In the future, let there be clarity, to the degree that we can obtain it, on how we take the most important decision that any of us will ever face.” My Select Committee—

[Mr Gray]

Will the hon. Gentleman give way?

[Mr Allen]

No.

[Mr Gray]

Why not?

[Mr Allen]

If I may continue—

[Mr Gray]

You are supposed to be giving way.

[Mr Mike Weir (in the Chair)]

Order.

[Mr Allen]

This is a rather important issue, Mr Weir, and I know that the hon. Gentleman is agitated about it. If he wishes, I can make a case even on the back of what has happened in Iraq this week, with thousands of people dying and with individuals being executed on television for the benefit of people with particular views. These are really serious issues, so I would like to explain how this Parliament and this Government can work together to ensure that on similar, very serious occasions, we get this right in a way that perhaps we have not before. Again, we have made no outrageous demand that not a soldier should be deployed anywhere at all without the wise words of this House—of course not. We have made five reports to Government and the House, trying to get a clear resolution of this issue.

We have had three or four wars during the time we have been trying to get Government to come to the table and make an agreement that will take us all forward together, united as a nation in the most difficult circumstances we are ever likely to face. Have we been tolerant? One could argue that we have been far too tolerant.

In our first report, we suggested—this is not outrageous language—that the Government should

“bring forward a draft parliamentary resolution for consultation with us among others, and for debate and decision by the end of 2011.”

Similarly, the Government responded to our second report by saying:

“we hope to make progress on this matter in a timely and appropriate manner.”

That was in September 2011.

Our third report concluded:

“The Government needs to honour the Foreign Secretary’s undertaking to the House to ‘enshrine in law for the future the necessity of consulting Parliament on military action’”.

That was not me or my Committee, but the Foreign Secretary. He still is the Foreign Secretary, and one hopes that his words will come to pass. Our report continued by saying that the Government should

“do so before the end of the current Parliament. In the absence of any other timetable, this is the one to which we will hold them.”

Let us move on to the fourth report on this issue by a Select Committee of this House—my Political and Constitutional Reform Committee. In September 2013, after the House had debated the Iraq question, we called for the Government to

“provide a comprehensive, updated statement of its position on the role of Parliament in conflict decisions.”

Again, the language was hardly inflammatory. The report went on:

“We also recommend that it precisely details the specific steps which will now be taken to fulfil the strong public commitment to enshrine in law the necessity of consulting Parliament on military action.”

That shows a Committee trying to make the system work for everyone’s benefit.

Finally, in March this year we published the fifth report, on which the Minister may like to comment in his speech. We drafted a resolution—a draft resolution means that the House and the Government can discuss it, change it and make it more workable if we have failed to make it as workable as possible. We produced a resolution that set out the process we could follow in order to get approval from the House of Commons on future conflict decisions. We called on the Government to consider the resolution and come forward with a revised draft by—we were getting a little frustrated, so specified the time—June 2014, with a view to having the House agree a resolution by November 2014.

We are now in June 2014. So far, we have received no Government response, but I hope that we get one this month. Knowing the Minister as I do, I hope very much that it will be a positive, creative and constructive response. I hope it will be in a form of words that can take us forward for perhaps 50 or 100 years, and will agree with us on a sensible way in which the House, its Members having been duly elected by the public, can be involved with the Executive, who have a vital and necessary interest in sometimes being able to move swiftly and expeditiously on conflicts that we would hope to avoid in other circumstances. I hope that the Minister has had the chance to prepare, and will give us some good news today on how we can go forward together on such a vital issue.

Just to show how forgiving I can be, I am going to let my friend the hon. Member for North Wiltshire (Mr Gray) intervene.

[Mr Gray]

I am most grateful to the hon. Gentleman, although I am not quite sure what he is forgiving me for.

[Mr Allen]

You talk too much, James, that is your problem.

[Mr Mike Weir (in the Chair)]

Order.

[Mr Gray]

All I did was to seek to intervene at a crucial point in his speech. The hon. Gentleman’s entire thesis seems to be based on the fact that he did not approve of or agree with the Iraq war. My question to him is simple: if indeed he is basing his entire report and thesis on that fact, how could it be that, of all wars in the past 250 years, the Iraq war was the only one in which there was not one but three substantive votes in this place before the deployment of troops? If his answer is that he does not like the way in which his party whipped its Members, and all the cajolery, bribery and other things he mentioned, I am afraid to say that that has absolutely nothing to do with going to war; it is to do with processes in this place.

[Mr Allen]

I will just let the Members present make of that what they wish.

[Mr Gray]

Why not try answering it instead?

[Mr Allen]

I will have to put the hon. Gentleman on the naughty step if he carries on.

I would like to move on to the report issued by my Select Committee on the need for a constitutional convention for the United Kingdom, on which I will be happy to take interventions from colleagues.

--- Later in debate ---

[Mr Mike Weir (in the Chair)]

Order. Before we proceed, I must say that interventions are becoming very long. I appreciate that these are complex matters, but will Members please keep their interventions short? There will be chances for you to make speeches later on.

[Mr Gray]

On a point of order, Mr Weir. As you will have guessed from my interventions, I had intended to contribute to this debate, but I have just had a message from outside that my stepdaughter has collapsed and is in difficulty. I had intended to express my view, but if the House will forgive me, I will push off and sort her out.

[Mr Mike Weir (in the Chair)]

That is perfectly understandable.