Parliamentary Voting System and Constituencies Bill

Lord Wills Excerpts

Monday 17th January 2011 Lords Chamber

[Lord Soley]

The point I made earlier is that if a major party is left out of the arrangements for deciding the size of the legislature, there will be trouble. I give way to my noble friend, who has great experience of this sort of thing.

[Lord Wills]

I am grateful to my noble friend. I wanted to suggest that he might direct the noble Lord, Lord Phillips, who asked for evidence of the partisan nature of this legislation, to the website of Mr Mark Field—a prominent Member of the other place on the Conservative Benches—where he made it explicitly clear. I think that this is still up there; it was a few days ago. It says quite clearly that the party managers in the other place were going around seeking support for this legislation precisely because it would be to their partisan advantage.

[Lord Soley]

There is no doubt that that is how most people in the Conservative Party view it. I shall simply sit down on this point; the Government have made a fatal flaw. They are trying to decide the size of a Parliament without the agreement of the major parties. No other modern democracy would do that. All the bodies that we are part of, which oversee elections in countries emerging from dictatorships, look for that problem, identify it and point it out. The Government have also not looked at the other factor which I have referred to: the size of the payroll vote. They had something in here which said that they would reduce the size of the payroll vote. I know that we will come to that later. Perhaps the noble Lord, Lord Strathclyde, will vote for it. He has obviously noticed it and clearly recognised its importance. It may be that I can tempt him into the Lobby on that one; who knows?

This is so important, not some stupid idea of: “Well, just filibuster for the hell of it”. I do not want to go back to what we did in the other place, staying overnight. I have far better things to do, frankly, with the remaining years of my life than to stay up night after night. But if a Government change the size of a Parliament without all-party agreement, they are driving a coach and horses through all the agreements that exists between parties in this place. They therefore cannot and must not assume that we will not fight it, because they would fight it if we did to them. If we did come back—and, as my noble friend Lord Campbell-Savours says, I hope that we will not—with a figure in the House of Commons that suited us, do not tell me that they would not all be lined up on the other side doing everything that they could to prevent it. I beg to move this amendment.

--- Later in debate ---

[Lord Strathclyde]

I am grateful to the noble and learned Lord for telling us how we normally do business. It is not normal for us to spend two and a half hours on an amendment—this one—and to have spent three hours on the previous amendment. If we are talking about normality, I rather wish that this whole debate had been conducted in a more normal way—

[Lord Wills]

My Lords—

[Lord Strathclyde]

May I finish this point? I said that I have not heard anything new. I have no promise that anything new is to be said, so would it not help, rather than noble Lords opposite continually saying the same old thing, if I now gave a view on the amendments?

[Lord Wills]

To that very point, I have been trying to get in to speak to contribute something new to the debate, which is something of which the noble Lord will not be aware. That was my experience of dealing specifically with these issues and the process for dealing with them when I was the Minister responsible for them. He will not have known this, because obviously, it is a convention that the previous Government’s dealings are not passed to the new Government, so this would be new. I wonder whether he would allow me to share that information with the House before he commences his remarks.

[Lord Falconer of Thoroton]

I think that there the sense that we should go on for a bit. Some noble Lords opposite are shaking their heads; there is a very strong sense from behind me that we should go on—the norm should be followed.

[Lord Strathclyde]

Perhaps I should not have given way to the noble Lord, Lord Wills.

This has been a great debate. I can tell the House—

[Lord Wills]

My Lords—

[Lord Falconer of Thoroton]

My Lords—

--- Later in debate ---

[Lord Soley]

I am serious. Let us hear the arguments for a moment. I have brought forward considerable evidence to support what I said about the problems that any Government would have with this. I also asked the noble Lord what he would do if a future Government of any political complexion came forward at the next election or the one after that and said, “We think that this number of MPs would be more beneficial to us and therefore we are going to drive it through”. I challenge him to say that he would not fight that every inch of the way. Those are the questions he has not answered. I am afraid that they have to be addressed because they are too important for the House and too important for the country.

[Lord Wills]

My Lords, I had thought that the noble Lord had given way to me, but I hope that I can now make the speech that I wanted to make earlier, which I make genuinely in the hope of helping the Government.

As the then Minister responsible, I went through all these issues in a great deal of detail, so I think that it might help the House to know the judgments that we made when we were in Government. Both Amendment 59 and Amendment 60 speak to the importance of having an impartial process—which, crucially, is seen to be impartial—in dealing with these issues. I have already spoken about why that is so important, so I will not rehearse those arguments again now, but the instances that I gave of the consideration that we gave to these issues in Government might—even at this late stage and with all the bad feeling that there is about it—persuade the Government to think again.

It is no secret that we looked at these issues. Since 1997, as a Government we were embarked on a developing programme of constitutional reform, whose latter stages have been largely adopted by the new Government, which have claimed credit for the proposals as the new politics. As part of that developing programme of constitutional reform, we were looking at these very issues. As Minister, it was quite clear to me that all the issues that the noble Lord and his colleagues are so concerned about were real issues that should be engaged with in bringing forward any measures. We looked at these issues for some time. It is no secret that the amendment that I moved last week—Amendment 54ZA—was largely based on the conclusions that I came to as the Minister for constitutional reform. I hope that the noble Lord is listening to this, because he might learn something about why he has got himself and the Government into such a mess with this legislation.

Having looked at these issues, we came to the conclusion that the best way forward was to set up the sort of independent inquiry that my amendment proposed last week and that we have again heard advocated today. We did not bring forward that proposal for one simple reason: we felt that there was too little time left in the lifespan of that Government to be sure that we could bring about an all-party consensus on the mechanism. That is why we did not bring forward the proposal, although it was ready and prepared and officials had done the work. We believed that it was absolutely essential to achieve cross-party support for the mechanism. We thought that that would be difficult, because these issues are contentious and complex. As we did not think that we had enough time, we did not think that it was proper to introduce proposals that did not have that basis of cross-party support for the mechanism—not for the conclusions or outcomes or for 650 or 600 or 500 seats—by which we were to get there.

The reason that we thought that that was so important was not that we were unworried about what an incoming Conservative Government might do—of course, we were worried about that. We knew—I knew—that there was a possibility that we might lose the election and that we would get a Conservative Government. Politicians are always worried about what the other side might do, so this was not an easy conclusion. However, so important did we consider the impartiality of the process that we did not introduce our proposals. Even then, I hoped and honestly believed that, whatever Government came in—I did not expect a coalition Government, in the event that we were not re-elected—would abide by those basic constitutional proprieties, which are now being so flouted.

Cross-party agreement is so important precisely because of the element of trust. The issue is not just what parliamentarians think about the process and whether the Labour Party in Parliament thinks that the proposed process is flawed; fundamentally, the issue is about the people whom we serve. The people have to believe that politicians can be trusted to run the system impartially, without any appearance of partisan self-interest. I do not know whether the Government’s calculations are based on partisan self-interest because they simply have not provided the information, but it is so corrosive when such doubt remains. The Government have ample opportunity to deal with the issue by accepting either of these amendments or by saying that they will look at the issue again. What the Government must do is recognise the doubts that their process has created in the minds of many, many people. This will be poisonous if it is allowed to fester in the way that the Government are allowing it to fester.

I do not think that anyone on this side of the House wants to stop the Government getting their legislation through. [Laughter.] As I have said many times, I do not think that that is the case. I do not know how many noble Lords opposite, who are commenting from a sedentary position, have actually looked at what I have said. I have made it clear over and over again that I support the objectives of both parts of the Bill. As Minister, I was going to bring forward legislation. We brought forward legislation for the proposals in Part 1 of the Bill and I was preparing, as I have just said, to bring forward legislation that would have dealt with the issues, in the same way, that are dealt with in Part 2.

I want to see these objectives realised, but I want to see them realised in a proper way that will command consent across all parties and among the British people. The Government could still get their legislation through in this Parliament if they took a pause by taking advantage of one of these amendments to institute an impartial process. Such a process need not take very long—it need not take the three years that my amendment proposed—and could take just a short number of months, if the Government so wished. At least, there would then be an independent, fair-minded inquiry. That is what we were going to do in Government, and I urge and, indeed, beg the Government to follow that example.