Proposed Changes to the Standing Orders of the House of Commons

Lord Cunningham of Felling Excerpts

Tuesday 21st July 2015 Lords Chamber

I, for one, have had my differences with all three noble Lords at different stages of their political careers, but I want them to be able to play the full part that they always have in the legislative processes of this House, and unless we allow a Joint Committee to be established to consider these matters, such considerations will simply go by the board. They simply will not be considered, and the law of unintended consequences will follow. So I think that the case for the Joint Committee is overwhelming.

[Lord Cunningham of Felling (Lab)]

My Lords, briefly, I support the Motion in the name of the noble Lord, Lord Butler. I have had the honour to chair two Joint Committees of Parliament. The report of the first was unanimously rejected by both Houses. However, the second report, Conventions of the UK Parliament, was unanimously adopted by both Houses of Parliament. It contained a number of matters of relevance to this issue—not least the fact that electing your Lordships’ House would inevitably lead to a constitutional confrontation between an elected House of Commons and an elected House of Lords.

However, that is not the point that I want to make in support of the noble Lord, Lord Butler. A change in the Standing Orders is a cleverly thought-up device—whether by a politician, an adviser or a lawyer advising the Government, I do not know—to enable this matter to proceed. But it does two things. First, it has as yet unknown and perhaps profound implications for the constitution and the governance of our country. Secondly, de facto it prevents this House having any say in the matter. We can debate it, of course, as we are doing now, but we cannot have any impact on it.

A Joint Committee of both Houses is the best and most sensible way forward, rather than rushing into decisions which change the constitutional relationships between the two Houses. As my noble friend has just pointed out: who knows where they will lead? We have just had some examples of where they could lead. My strong belief is based on my personal experience in both Houses. Many Members present served on the committees that I had the honour to chair—not least the noble Lord, Lord Forsyth, but many others, too. We reached our conclusions in the committee unanimously and without a vote—no divisions of any kind took place. That report, Conventions of the UK Parliament, has some lessons to teach us about what is now proposed.

[Lord True (Con)]

My Lords, we are one Parliament but two Houses. That is symbolised in the Messages that go forth between green and red ribbon. As the noble Lord, Lord Lisvane, said, comity between the two Houses may sound arcane but it is actually an extremely important principle of the way in which we conduct ourselves.

I believe that we should confine ourselves to looking at the Motion that is before us. I may agree with some of the things that are said about the underlying policy, but the Motion before us is that we should seek to set up a Joint Committee that would presume to report on what the House of Commons should do in its Standing Orders.

It would be a move which was not invited by the House of Commons nor sought by the Joint Committee on Conventions for your Lordships to say that we in this House presume to say to the House of Commons how it should conduct its internal affairs. Questions on House of Commons matters are by convention not permitted in this Chamber; we do not ask them. It is a principle that we do not seek to construe the internal matters of the House of Commons.

Standing Orders are quite important. A very important principle in parliamentary law is the provision that prevents tacking. Tacking was the abuse by the House of Commons of financial measures to add things to them that the House of Lords could not amend because of financial privilege. It is not in any statute; it started as a Motion passed by your Lordships’ House and it now sits as a Standing Order in this House that the House of Commons should not do that. The House of Commons has respected that for 300 years—it is just a Standing Order in this House. It is an example of the importance of preserving. We may have a wider interest in preserving the principle that one House does not presume to construe the internal proceedings of another. We can have all the consideration in the Constitution Committee; we can have debates; we can have discussions. But for us to vote to set up a committee which presumes to tell the House of Commons what its Standing Orders should be—