Extension of Franchise (House of Lords) Bill [HL]

Lord Wallace of Saltaire Excerpts

Friday 5th July 2013 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the noble Lord, Lord Dubs, said to me in the corridor the other day, “I hope you won’t disappoint me”. I am very sorry to say that I have to disappoint him on a number of grounds. In his opening speech, he said that this measure has nothing to do with Lords reform, so it is a non-Lords-reform Lords reform, if I understand what he is putting forward. Of course it has a great deal to do with Lords reform. It is one of many small items that we might consider if we go to a smaller package of Lords reform in what is being discussed within Her Majesty’s Government and outside as “a number of housekeeping measures” for both Houses that might be introduced next Session.

For the best of reasons, the noble Lord wishes to cherry-pick one of the changes that would carry through on Lords reform without accepting some of the others. I say this particularly because he remarked that Bishops in the House of Lords can vote without remarking that that is because they do not have permanent membership of your Lordships’ House. They retire at 70, well before the onset of statutory senility. Had the noble Lord, Lord Dubs, linked regaining the right to vote with a statutory retirement age, the Government might perhaps, I think, have looked on this rather more, although it would be very interesting to know what retirement age noble Lords would have accepted—whether it would have been 70, 75, 80, 85 or perhaps 95.

The argument for noble Lords not having the right to vote has partly been that we are permanent Members of your Lordships’ House. I recall that when we were discussing the major House of Lords Reform Bill last year a number of Labour Peers—and I am looking at one or two of them—were arguing in the corridors that they sit in the Lords by royal summons and by right of the sovereign’s appointment and that means that they are not entitled to retire. That is part of our medieval, fundamentally illogical constitution, which is part of what we are here for.

The noble Lord, Lord Parekh, talked about citizenship. Of course, in the British constitution under which we all sit here in this wonderfully illogical House, we are subjects of the Crown. It is the Crown that appoints us, so it is as subjects that we sit here. That is one of the many reasons why the citizenship debates in Britain still have a degree of weakness because we have not quite worked out what that splendidly republican concept “citizenship” should mean for all of us.

The noble Lord also advanced the argument that logic should play some part in this. If we were to redesign the British constitution on logical grounds, we would have a very different British constitution. Some noble Lords will have noted that the noble Lord, Lord Lexden, and other noble Lords signed a letter in the Times the other day which was a passionate defence of the tradition of common law and its conventions and traditions against the threat of logical, rational, Roman law from across the channel, institutionalised in Brussels and Strasbourg. There is a sense that there is an existential threat to our tradition of Englishness through the logical, rational principles of Roman law which come from across the channel, although many people do not recognise that they are also there in Scotland. So many people who talk about the defence of distinctive British institutions appear to forget that Scotland is a central part of the United Kingdom.

If we are to introduce common sense rather than common law, we are moving into a fairly radical change in the way the British constitution works.

[Baroness Farrington of Ribbleton]

The Minister referred to the fact that we are already Members of Parliament. Does he accept that in certain areas defined by law this is a unicameral system in that we are excluded from areas of activity that are for the Commons? Throughout history, there have been quite a lot of battles about no taxation without representation. That is an area in this House that could be looked at. I suspect that if my noble friend began the argument a different way, your Lordships’ Chamber would be packed and the Press Gallery would be full, because he could have argued that given that we have no say on taxation, and therefore do not have representation, we should not be taxed. I think that would incite the public much more.

My noble friend could instead argue that we regain equality of powers with the House of Commons. That would have Members of the House of Commons up in the Gallery. The noble Lord is, I think, being a little less clear than is his usual practice.

[Lord Wallace of Saltaire]

My Lords, I do not accept that we are in any sense a unicameral Parliament. This is one of the more influential second Chambers around the world. The fact that we are now definitely the second Chamber and that there are areas in which we have very much less influence than the House of Commons is one of the things that makes this clearly a second Chamber, but some of the other second Chambers, as I note, very definitely have less influence over the breadth of legislation.

[Baroness Farrington of Ribbleton]

I would be grateful if after the debate on the Second Reading, which I hope will be granted, the Minister would write to me giving examples of where this Chamber has insisted to the point of the House of Commons backing down on legislation over the past few years.

[Lord Wallace of Saltaire]

I am happy to promise to write to the noble Baroness on that. I think the record is that a full 40% of amendments moved in this House are accepted by the Government, but I will check the figure and come back to her.

I do not wish to detain the House for too long. I have made the point that the permanence of Lords membership has to be linked with the right to vote. On Lords reform, we have to look at a package. Last year, we presented a large-scale package to the House, and the House, for many diverse reasons, did not like it. The Government are considering whether to present a more modest housekeeping package.

[Baroness McIntosh of Hudnall]

As far as I recall, this House was never asked to give any opinion on the Bill. It was simply ditched before it got here.

--- Later in debate ---

[Lord Wallace of Saltaire]

Having sat through several two-day debates, I think the House has made its opinion relatively clear. I am looking at the noble Lord, Lord Richard, who laboured extremely conscientiously and at considerable length to produce a package which this House would like. Certainly, the sense of the House was, I think, not particularly favourable towards the Government’s proposals. I will leave it at that.

Again, I am sorry to have to disappoint the noble Lord, Lord Dubs. We will of course be returning to this issue. I say to the noble Baroness, Lady Hayter, that as she was speaking I thought of the noble Baroness, Lady Symons. The noble Baroness, Lady Symons, has on many occasions used the doctrine of mandate against me: that once a party has in its manifesto a clear commitment, it has the right and duty to carry it through. I think the Labour Party’s manifestos over the past three or four elections have called for an elected second Chamber. I was disappointed that the noble Baroness, Lady Hayter, went a little behind that.

[Baroness Hayter of Kentish Town]

I was actually quoting the Minister’s noble friend from a very recent debate in your Lordships’ House. I made no mention of Labour Party policy.

[Lord Wallace of Saltaire]

Perhaps the noble Lord, Lord Dubs, will come back but, unfortunately, the Government resist this small, partial proposal for reform of the Lords.

[Lord Dubs]

Before the noble Lord sits down, perhaps I may ask him one question. Given what he has said—and I will deal with that in more detail when I wind up—will he give one small undertaking? Assuming that the Bill gets through this House and goes to the Commons, will he undertake that the Government will not use their strength to block the Bill but will give it free passage and let the Commons decide on its merits?

[Lord Wallace of Saltaire]

My Lords, I cannot give that commitment immediately. We would clearly have to consider that. Private Members’ Bills make their way, sometimes with the Government’s blessing and occasionally without, first through one House and then the other. Let us see how we go on this.

--- Later in debate ---

[Lord Dubs]

In that case, I misunderstood; I thought that the noble Lord was using the argument himself. However, I very much agree about the power of the Executive and that it is up to both Houses to contain the power of the Executive—so I am with him on that, even if we have a difference of opinion about the Bill itself.

I am delighted that my noble friend Lady Hayter was supportive of the Bill. I pay tribute to her long political experience, with the Fabian Society and elsewhere. She said something about the 5 July anniversary of the start of the National Health Service. If I may trespass on the time of the House, I was in hospital on that day, in Stockport Royal Infirmary. I was quite ill, and I was the only child in the ward. In those days, when the consultant came around, one had either to stand or lie to attention because that was the discipline. A consultant and his big team came along and looked at me, and I asked, “Are we having a party?”. He looked at me as if to say, “How dare you speak before I have spoken to you?”, and then said, “Why?”. I said, “Well the hospital is ours today. We should have a party”. He gave me a dirty look and walked on. I felt that I had made my contribution to the health service at that time. I apologise for digressing a little but, but other noble Lords have digressed as well.

Finally, I did not think that the noble Lord, Lord Wallace of Saltaire, would disappoint me quite as much as he did. Without wishing to be impertinent in any way, I feel that his heart was not in it. I think that, in his heart, he knows that I am right and he is wrong. It showed. I know what it is like being a government Minister. One has to defend things that are sometimes difficult; I have done it myself, although never quite to the extent that the noble Lord has done it today.

On the cherry-picking argument, and this is nothing to do with the Bill, I understand that if we were to move to an elected second Chamber, of course we would have to deal with issues like the primacy of the Commons, methods of election and so on. It would be a whole package of measures, as was evidenced in the Government’s Bill that did not get anywhere. However, if we had the vote in parliamentary elections, nothing would change in this House except that we would have the right to vote. It would not affect the way in which we operate, it would not affect our legitimacy and it would not affect our debates or anything else. It stands entirely on its own, so as to the argument that I was cherry-picking: if there are only cherries on the tree, that is all that one can do. That is not a valid argument.

This issue stands entirely on its own. It need not, should not and does not have any connection with any other aspects of Lords reform. We might throw it into a wider Bill on Lords reform, as I have tried to do, but I would argue that we should get on with it. Let us make this change. I believe that there is overwhelming support in this House and in the Commons for this. Of course, the difficulty is that it only takes one government whip to say, “Object” on a Friday, and that has killed the Bill. That is the problem in the Commons. If the Commons was allowed by the Government to have a go at this, I believe it would overwhelmingly support it, as I believe that this House would overwhelmingly support it. However, the difficulty with Private Members’ Bills is that they can be too easily blocked in an undemocratic manner.

[Lord Wallace of Saltaire]

My Lords, the noble Lord is not responding to my suggestion that if he perhaps linked the introduction of voting to a limitation of tenure and a retirement age, this might be more acceptable. He is not rising to that particular float.

[Lord Dubs]

Give me time. I have got it down here to comment on. If I had put forward a Bill saying the statutory retirement age from this House is 75 or 80, of course many Members of this House would have got incredibly excited about it, which would have diverted attention away from my purpose. It would have made it, as a Private Member’s Bill, totally unmanageable. The Minister knows that; I know that; we all know that. It just would not have got through. The point about a Private Member’s Bill is to keep it very simple if it is to have any chance of getting through. Once it gets complicated it has no chance. That is why I have brought it forward in this way.

Finally, the Minister disparaged the idea of logic. The position at the moment is inherently illogical. It is illogical by any standard, and I urge the House to give the Bill a Second Reading.