Parliamentary Voting System and Constituencies Bill

Lord Howarth of Newport Excerpts

Wednesday 9th February 2011 Lords Chamber

[Lord Wallace of Tankerness]

This is not down simply to mathematics. The principle at the core of this part of the Bill is to ensure the equality of the ballot, which all of us hold very dear indeed and which is not a purely mathematical thing. One elects one’s representative to sit in the other place and, by doing that, contributes to what the Government of this United Kingdom will be. There is a merit in that vote having equal value in all parts of our United Kingdom.

[Lord Howarth of Newport]

Even on his own basis—that numerical equality is the only thing that really counts—the Minister is under an illusion in supposing that, by achieving numerical equality between constituencies in Swansea and Aberdeen, he necessarily creates votes of equal value. The value of votes will also depend on registration, turnout and marginality in particular constituencies. He is pursuing a chimera in this respect, while at the same time ignoring that the basis of parliamentary representation in the United Kingdom has historically been that constituencies should be expressive of communities. Communities in Swansea and Aberdeen are, of course, of equal value, but the design of their parliamentary representation should reflect their particular characters.

[Lord Wallace of Tankerness]

My Lords, we have rehearsed the arguments before about matters such as turnout, on which, I accept, the Government cannot legislate—and turnout will have an effect—but on the morning of the election before anyone has turned out, at least what we are seeking to do gives a greater likelihood of equality before factors such as turnout come into effect. It does not say much for the quality of the value of a vote if, before you have even gone to the polls, an imbalance is already implicit in the system.

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[Lord Falconer of Thoroton]

My Lords, this is about the size of the Executive. The effect of this amendment would be to reduce the size of the Executive in proportion to the reduction in the number of MPs. There is no issue that it should not happen. Not surprisingly, Mr Nicholas Clegg declared before the election:

“I want to be clear: I am talking about a major reorganisation of Whitehall … As a result of our restructure the number of Ministers and government whips would be reduced from 119 to 73”.

Mr David Cameron, now the Prime Minister, in a lecture entitled “Rebuilding Trust in Politics”, sounded a similar note, promising:

“We’d want to reduce the power of the executive and increase the power of Parliament … We’ve got to give Parliament its teeth back so that people can have pride in it again—so they can look at it and say ‘yes: those MPs we elect—they’re holding the government to account on my behalf’”.

The effect of reducing the number of MPs by 50 without decreasing the number of officeholders entitled to sit and vote in the House of Commons by the House of Commons Disqualification Act 1975 is to increase the size of the government Front Bench proportionate to the number of Back-Benchers.

In Committee the noble Lord the Leader of the House said that,

“there is a very serious underlying point and that is the fear that the proportion of the Executive will increase as the number of Members of Parliament falls. I understand that there is an impatience in this Committee to know how the Government will address that fact. I am trying to be as helpful as I can but there is a limit to the helpfulness.”

You can say that again. He went on:

“We have said that we will address this issue and we will, but there is plenty of time to legislate before 2015 if we need to. The Minister for Political and Constitutional Reform told the Constitution Committee, of which my noble friend and the noble and learned Lord are members, that we will bring forward proposals during this Parliament. That is in good time as the reduction in the size of the other place will not yet have taken effect. I hope that is a sufficient reassurance”.—[Official Report, 26/1/11; col. 1058.]

No; that is, on the scale of reassurance, nil. Do we trust this Government to introduce measures to reduce the number of Ministers in the other place? No we do not. The only way to deal with that is if Parliament is prepared to do it by saying, “Let’s reduce the number of Ministers”, as Mr Nicholas Clegg, Mr David Cameron and the noble Lord, Lord Strathclyde—the triumvirate on which the Government are based—said they would. I do not trust them to do it in 20 years. In those circumstances, I invite the House to do it. I beg to move.

[Lord Howarth of Newport]

My Lords, my Amendment 27FA would insert a new clause after Clause 11, and after the new clause inserted by the amendment of my noble and learned friend. His new clause relates to the size of the Executive—the number of Ministers. My new clause is intimately related to that and deals with the number of Parliamentary Private Secretaries. I propose that their number should also be reduced commensurately with any reduction in the size of the House of Commons. We are talking here of the so-called payroll vote—the payroll which consists not only of salaried Ministers and one or two unsalaried Ministers, but of Parliamentary Private Secretaries. Although they are unpaid, they are always somewhat sardonically referred to as being members of the payroll vote.

In Committee, noble Lords on all sides of the House expressed their concern that the capacity of the House of Commons to hold the Executive to account would be further enfeebled if the size of the payroll vote were not to be reduced in proportion to the reduction of the size of the House of Commons. An important amendment on that matter moved by the noble Lord, Lord Norton of Louth, attracted a great deal of interest and support on all sides. Since then, I have learnt that the Speaker of the House of Commons himself has expressed concern that reducing the number of MPs without a commensurate reduction in the number of Ministers would skew the Westminster playing field in favour of the Government, as has the steady expansion of the payroll. Those sentiments were attributed to Mr Speaker Bercow in an article in the House Magazine.

Mr Cameron has appointed a lavish number of Parliamentary Private Secretaries, considerable numbers of party vice-chairmen and special representatives. His latest appointment in that genre is a defence envoy for Gibraltar. The Member of Parliament who has been appointed to that distinguished role is someone for whom I have the highest personal regard, but the important point is that she will be bound into the patronage system and lose her capacity to express an independent point of view—certainly in terms of voting. Richard Hall, writing in the House Magazine, said that patronage sucks in more and more Back-Benchers, leaving fewer to hold the Government to account.

[Lord Tyler]

Given that the Government have appointed a number of Labour Members to perform particular tasks, does the noble Lord include them in the payroll vote—Mr Frank Field, for example?

[Lord Howarth of Newport]

I entirely deprecate this tendency and I am delighted that the noble Lord has drawn our attention to a continuation of a baleful tendency that has persisted for many years. In 1900, there were just 60 salaried government posts, of which only 33 were filled by Members of Parliament. In addition, there were nine Parliamentary Private Secretaries. The total payroll vote in 1900 was 42. One hundred years later, in the year 2000, which was during the period of the previous Labour Government, the payroll consisted of 129 out of 659 Members of Parliament. We should also bear in mind that other legislatures—for example, the legislatures in the United States of America and in France—do not have to supply the ministerial Bench. We should not forget that when considering the Government’s claims that we are overrepresented in Parliament by comparison to other nations.

As a result of the exercise of patronage by Mr Cameron, possibly advised by Mr Clegg, there are now 95 Ministers in the House of Commons and 46 Parliamentary Private Secretaries. The Constitution Unit tells me that that represents more Parliamentary Private Secretaries than there have ever been. The payroll vote is 141 out of 650 Members of Parliament. A year ago, Mr Cameron, addressing the Conservative Party asked:

“How has the mother of all Parliaments turned itself into such a pliant child?”

The answer is that it has done so on the basis of thorough, systematic and unscrupulous use of Prime Ministerial patronage. The Prime Minister is now able to answer that question he posed a year ago. Ministers in the coalition Government profess to repent themselves of this; but, like Saint Augustine, they do not intend virtue just yet. This Bill provides an opportunity for them to embark on a reformed life, but they hesitate—indeed, decline—to take that opportunity.

This is a very important constitutional issue. It is about the capacity of the House of Commons to debate with some measure of freedom, to scrutinise with some independence and to hold the Executive to account. The capacity of your Lordships' House to do that is under threat, in consequence of the coalition having a political majority in this House. The plight of both Houses of Parliament must now be a matter of intense concern. The proposed new clauses provide the opportunity to assist the House of Commons to recover its capacity to perform the function within our constitution that the people expect of it.

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[Lord Grocott]

My Lords, I simply want to say a couple of words on this because I suggested an amendment in Committee and as the noble Lord, Lord Forsyth, has said, he raised this at Second Reading. At whatever time of the night it was during Committee, I moved an amendment which, I admit, was not as good as this. I tried to find a way in which we could debate the effect of changing the size of the House of Commons and its relationship with what was happening to the size of this House.

This is an extremely important amendment. I hope that it does not embarrass the noble Lord, Lord Forsyth, if I tell him that I agreed with absolutely everything that he said about the relative size of the two Houses and the effect on this House if it grows and grows. Like him, I need to put in the caveat that this is in no way a criticism of the people who have been appointed to this House, many of whom have already made a tremendous contribution. However, there has to be a limit. I say this in the spirit in which the House is operating at the moment: I think that the noble Lord, Lord McNally, assured us on the previous amendment that the Government really were taking an overview of the three key constitutional reforms that are taking place. However, the constitutional changes are connected not just with the legislation involved in this Bill and the two Bills that are to follow. They are also affected, as the noble Lord, Lord Forsyth, has said, by the way in which the composition of this House alters, irrespective of any change in the legislation.

I conclude with my only point of disagreement with the noble Lord, Lord Forsyth. He quite rightly said that a fully elected House could easily end in gridlock. That is certainly one end of the spectrum, but there is another, which is particularly relevant to this Bill. This is no criticism whatever of the coalition, which is the first time I have been able to say that. It is that had this been a fully elected House on proportional representation, this House would have had a huge government majority. This Bill, far from being gridlocked, would then have gone through this House whipped—and how can I, as a former Chief Whip, criticise a Whip? It would have gone through quickly and almost certainly have been guillotined. I hope that when the noble Lord, Lord McNally, explains the position in relation to the two Houses, while he cannot respond on the proposals that he is bringing forward on abolishing this House in its present form and replacing it with an elected House, he will have something to say on the almost absurd disparity where, just as we are moving the House of Commons down to 600, the House of Lords exceeds 800.

[Lord Howarth of Newport]

My Lords, I agree with every word that the noble Lord, Lord Forsyth, said. The coalition appears to have invented a new-fangled constitutional doctrine: that the strength of the parties in the House of Lords ought to reflect the electoral support that they obtained at the last general election. It may be that the noble Lord, Lord McNally, will indeed expound to us that doctrine. I do not know that but I would certainly be most grateful if the noble Lord, Lord Forsyth, when he comes to his concluding remarks, would let us know what his own opinion of that doctrine is.

[Baroness O'Cathain]

First, I support my noble friend Lord Forsyth on the basis of the reputation of this House, which will be eroded significantly if we carry on like this. Secondly, it is very difficult to do the proper job that those of us who work in Committees have to do here when we find ourselves without even a place to sit, if we come in late to some of the debates here in the House. It is making the working conditions very difficult indeed. Can my noble friends in the Government give us some assurance that this will be looked at seriously, because we cannot go on like this? If we have the same number of Peers coming in over the next few months as we have had over the last few, it would make the whole place intolerable. Again, I support my noble friend in saying that there is no suggestion that the people coming in here will not do the work, but it will just be impossible to get the work done.