House of Lords (Hereditary Peers) Bill

Debate between John Hayes and Josh Fenton-Glynn

Committee of the whole House
Tuesday 12th November 2024 Commons Chamber

[Sir John Hayes]

That is precisely right. In the first general election, there was an assumption that the Government would proceed, but the constitutional conference did not produce an outcome that brought about a reform that both sides could agree on. A further general election followed, and the right hon. Gentleman rehearses exactly what that short book describes. The point is that even Asquith at that time, who was determined to reform the House of Lords, felt that ideally that reform should be based on some kind of consensus, or at least a conversation about how that reform might happen and what shape it might take. That is important, because the authority of our constitution to some degree depends on its dignity.

Finally, I want to talk about the authority of Government. We have talked about mandates. It was long ago that the term “elective dictatorship” was first used. The nature of the relationship that I described earlier between Government and Opposition and between different sides of the Chamber is important to counter the risk of a Government with a very large majority ignoring counter-arguments and becoming—I hesitate to say corrupted—altered, changed or distorted by the scale of the majority. Frankly, in this Parliament, the Labour party will be able to legislate as it chooses at every turn. As experienced Members of the House know, including those on the Treasury Bench, Governments are better when they need to compromise, reach agreements and consider amendments.

When I was a Minister, many times in Bill Committees in particular, the shadow Minister would table an amendment. I would routinely and systematically have the argument and make sure that the amendment was voted down, but I would often go back to my civil servants and say, “I think that was rather a good argument. Why aren’t we doing it? I think he or she was right. We ought to alter the Bill.” I would engage with the shadow Minister privately and look at ways in which we could improve the legislation through that kind of scrutiny. Good Ministers and good shadow Ministers always worked in that way, as I did with the now Prime Minister when he shadowed me as Security Minister.

Governments need to understand that to alter their position through that kind of exchange and consideration improves the exercise of government and adds to, rather than subtracts from, the Government’s authority. Good Governments behave in a way that, rather than taking advantage of their power, mitigates it by the choices that they make.

[Josh Fenton-Glynn]

The right hon. Gentleman makes an important point about the need to govern responsibly and reasonably, whatever one’s majority. While I was sitting here, I was interested in his record of following through on that strong belief, so I googled his name and “Prorogation”, and I did not see any results. Will the right hon. Gentleman perhaps reflect on any points when he thinks recent Governments might have abused their power?

[Sir John Hayes]

When I was a shadow Minister for many years, I found that some of the Labour Ministers I shadowed did the job I just described very well, and some did not. When I became a Minister, I saw that some Conservative Ministers engaged in the kind of process I have described, and some did not. There has always been variability in the way that power has been exercised across political parties. I invite the hon. Gentleman to speak to any of the people who shadowed me when I was a Minister to see if they would validate how I described the way I acted in those days. The authority of Parliament, the authority of our constitution and the authority of Government are all at stake as we consider these matters.

I return to where I started in terms of efficacy. The last time we considered these matters, Members will remember that I quoted Proust. It was a bit too rich a diet for the hon. Member for Perth and Kinross-shire. He is not a Proustian. I think it stretched the canon of his reading matter beyond breaking point. Today, I am going to test him a little more and refer to G. K. Chesterton, who I think might be more within his scope. [Interruption.] From a sedentary position, he is acknowledging that. Chesterton said:

“To have a right to do a thing is not at all the same as to be right in doing it.”

It is certainly true that, based on their mandate, the Government have the right to bring this legislation, but I am not sure that they are right in doing it, measured against my tests of dignity, legitimacy, continuity and authority. For as Chesterton also said, before you take a fence down, you consider why it was put up in the first place. The balance that exists at the moment, both within the House of Lords, and between the House of Lords and this House, is precious. It works. It ain’t broke and we don’t need to fix it.

Before I finish, let me say this to my hon. Friend the Member for Brentwood and Ongar. We must vote against the Bill on Third Reading, because whether we are in favour of more reform—as some of my colleagues are—or no reform, the Bill does not meet the standards we would expect of good legislation. It is therefore vital that the official Opposition make their position crystal clear by opposing this undesirable and unnecessary legislation.