Constitutional Convention Bill [HL]

Lord Wallace of Saltaire Excerpts

Friday 11th December 2015 Lords Chamber

If it does not mean the general election system, as it surely cannot—we cannot revisit that two or three years after there has been such a conclusive decision by the British people—which electoral system does Clause 2(c) refer to? Perhaps we could have clarity on that, which would help the clarity of the Bill overall. I look forward to hearing the response to that.

[Lord Wallace of Saltaire (LD)]

My Lords, it is very good to hear the noble Lord, Lord Grocott, reassert yet again how deeply conservative—I hesitate to use the word “reactionary”—he is on all matters constitutional. I had expected him to object to “reform” rather than “electoral system”.

Clearly, I appreciate that a Labour Party which pursued in this recent election a campaign based on the idea that it could win a majority with 35% of the vote and was then defeated by a Conservative Party which won a majority of the House of Commons on 37% of the vote should want to have a vested interest in our current electoral system. If we are talking about constitutional reform overall, we need to talk about the balance in different parts of the United Kingdom. Perhaps one might then talk about, as he says, the range of different electoral systems that we now have.

During the AV referendum a very effective no campaign was led by Matthew Elliott, who is now leading the campaign to leave the European Union—with good right-wing credentials and a lot of right-wing funding. I am sure the noble Lord, Lord Grocott, is happy about that. But if we are going to talk about the rapidly changing and moving relationship between the different parts of the United Kingdom—for example, what is happening in local government in England concerns many of us on these Benches and is another dimension of this—we need to look at the overall pattern. That clearly would need to include some question of which electoral systems are appropriate for which levels of elections. That is the only point that I am making.

[Lord Grocott]

I am very sorry that the noble Lord no longer speaks in an official capacity on the Liberal Front Bench. I do not know whether he has been demoted or has voluntarily moved to the Back Benches or is moonlighting; I am not quite sure what the position is. It is a novel concept from the Lib Dems—I can understand in the light of the recent general election why they may need the odd novel concept—to say that for them it is a reactionary position to respect the views of the British people as expressed in a referendum. I regard that as a very progressive position. Although I do not mind in the slightest being accused of being a reactionary on the constitution from time to time, it might be at least reassuring if we heard occasionally from the Liberal Democrat Benches, whether officially or unofficially, that they do respect the wishes of two-thirds of the British people in a nationwide referendum.

--- Later in debate ---

[Lord Bridges of Headley]

My Lords, I do not think it will surprise noble Lords to hear, at 12.50 pm on a grey Friday, that the Government do not support a written constitution. I agree much more with the noble Lord, Lord Kerr. He spoke very eloquently about the need for flexibility. Of course, as noble Lords will know, this country did once try a written constitution—in 1653, if memory serves me right. It lasted for about four years with the Instrument of Government. It was not a particularly happy time in our nation’s history and we have survived quite well without one for getting on for 400 years. As the noble Lord, Lord Kerr, says, we have flexibility borne out of various parts of our legislative past—the Magna Carta, the Bill of Rights, the Act of Settlement and the Great Reform Act. Parliament has been adding to that canon, and advancing and evolving the constitution for centuries. That is a fundamental part of our polity.

On the specific clause, as my noble friend Lord Forsyth made clear, this is adding even more to the work of the superhuman convention, manned by the world’s constitutional experts, who will be working frantically to get it all done. I would just point out that were this Bill to be passed, there is no detail on the scope or content of the written constitution. As this short debate has highlighted, we are not entirely clear what would be included and what would not—maybe the entire process of the convention itself. Furthermore, it is not entirely clear that the Secretary of State would be able to make any further provision or provide any guidance on this constitution when it was presented, which was a point made so eloquently by my noble friend earlier. The convention would have superhuman powers not only in the sense of its ability to come up with solutions, but in the effect that it would have. Therefore, I fear that the amendment would not enhance the Bill but make it even less feasible.

[Lord Wallace of Saltaire]

My Lords, I would just reflect on how solid is our base and how flexible is our constitution. From what I have been reading and hearing about the Magna Carta this year, I understand that two clauses of it are still in force and 75 are no longer in force. If one reads the Bill of Rights carefully, there is a very substantial anti-Catholic element, some of which is actually still in force, but has been weakened. The things that we refer back to as the foundations of our constitution are in many ways deeply inappropriate and we get by by ignoring them.

[Lord Bridges of Headley]

I heed what the noble Lord so rightly draws out. My point would be that these are the foundation stones on parts of which we have been building over the centuries.