House of Lords Reform Bill

Nadhim Zahawi Excerpts

Monday 9th July 2012 Commons Chamber

[Sir Malcolm Rifkind]

By all means, let us get rid of the hereditaries. That can be done extremely easily, by a very small Bill that would hardly be opposed by anyone.

[Nadhim Zahawi (Stratford-on-Avon) (Con)]

Is not the reason the Bill fails so miserably that it reflects an obsession with the form rather than the function of the other place?

[Sir Malcolm Rifkind]

My hon. Friend is right and he brings me to my next point, which is that if the Deputy Prime Minister really believes in a democratic upper House, why is he not providing for one in the Bill? What he is providing is form, not substance. The very name of the revised Chamber will continue to be “the House of Lords”. Not a senate, it will be the House of Lords, even though every Lord will have been expelled from it over a period of years.

When it comes to the proposed powers, the Deputy Prime Minister spends his time trying to reassure this House that the powers of the new elected, democratic Chamber will be—will have to be—exactly the same as those the appointed House has now. What possible justification is there for that, if he believes in an elected, democratic upper House? He is a Liberal Democrat; does he not remember the history of his own party? Does he not remember that the Parliament Act 1911 was passed because, until then, apart from on taxation matters, there was an equal right of veto in both Houses, and Asquith and his colleagues argued correctly that an unelected House could not have a veto on the business of Parliament? If the second Chamber is now to be elected, on what ground does he seek to justify his proposals—other than a desire to be all things to all people?

That is the sad problem with the Liberal Democrats: they always wish to be all things to all people—to go for the middle way. I am reminded of a remark I once heard, which I thought was rather good: if Christopher Columbus had been a Liberal Democrat, he probably would have been content with discovering the mid-Atlantic. [Laughter.]

What public interest will be served by the Bill in its current form? Does my right hon. Friend really believe that, compared with all these distinguished men and women from all over the country who serve in the House of Lords now, most of whom will not be able to continue to serve, a party list of candidates will result in more cerebral debate, more enlightened debate and more able contributions to the revision of legislation? Does he actually believe that and does he seriously want us to accept that, or does he recognise that that cannot, in fact, be the case?

--- Later in debate ---

[Nadhim Zahawi (Stratford-on-Avon) (Con)]

Thank you, Madam Deputy Speaker, for your patience and generosity. I had to sprint across to St Thomas’s, where my wife is having a scan. We are expecting our third child.

The supporters of the Bill would have the country believe that those who are opposed to it are opponents of democracy itself. Today I stand to refute that ugly caricature. No one in the House is more committed to British democracy than I. My family emigrated to Britain from an Iraq where democracy was spoken of only behind closed doors, late at night, among trusted friends. Compared to the brutal realities of Saddam’s rule, democracy was an abstract dream. Yet here in Britain there was a constitutional order which made democracy real, concrete, embedded in the very fabric of our national life.

Here was a judiciary—unelected, I grant you—which interpreted the law in the interests of the public, not of the ruling party. Here was a Queen—again, unelected—whose impregnable position as Head of State made sure that no politician could ever wield supreme power. And here also was the oldest and greatest of Parliaments, an elected House of Commons to embody the will of the people, and an appointed House of Lords to stand as a check against the tyranny of the majority.

[Jesse Norman]

Does my hon. Friend share my view that it is in the balance of these extraordinary institutions and in their distinctive history that so much of the genius of our history has been located?

[Nadhim Zahawi]

That is exactly right. I thank my hon. Friend for that intervention. This is exactly the constitution that I believe in and this is the constitution that I will defend. This is not, as my hon. Friend the Minister with responsibility for political and constitutional reform has said, some “silly game”.

If recent events in the Arab world have shown us anything, it is that democracy is not just about holding elections. It is also about building institutions which ensure that the whole of society is represented, regardless of who is in power. The question that we should ask ourselves today is whether British society will be better represented by 360 more career politicians accountable to no one but their party.

I am not complacent about the state of our democracy. I know that Parliament currently faces a crisis of legitimacy in the eyes of the country, but the cause of that crisis is not the other place. No. It is that deeply damaging sense that politicians here, in this House, are out of touch.

[Mr Graham Stuart (Beverley and Holderness) (Con)]

Does my hon. Friend agree that reforming the other place will not solve the problems of reforming this place? This House needs to be more effective in holding the Executive to account. Making changes down the road, with who knows what outcome, is not the answer. We must reform this House and ensure that the other House serves by revising our legislation, rather than undermining the democratic supremacy of this House.

[Nadhim Zahawi]

My hon. Friend is absolutely right. One of the reasons why we in this place are perceived to be out of touch is that people feel that we put the interests of party before those of our country, that we care more about securing a party political legacy than about growth capital for our businesses or good local schools for our children. The public want a Parliament that legislates well and in the national interest, and they want MPs who are on their side and up to the job. They do not want to see, and certainly do not want to pay for, more politicians and more party patronage.

I have conducted new scientific polling that shows that 60% of the public are opposed to spending more money on politicians and elections, yet that is what the Bill offers them. If we are really to fix Parliament, we must give it the tools to legislate better. Let us strengthen the role of Select Committees and give more time for Back-Bench business. Let us not solve the problem of a broken legislature by making it harder to legislate. Let us not inflame the deep mistrust of party politics by bringing in a system that hands more power over to the party machine.

I am a loyal critic of the other place. The White Paper states that it performs its role of scrutiny and revision with “distinction”, yet I know that there is much that we could do to improve it. We could reduce the number of peers, abolish prime ministerial patronage, remove the final hereditary peers and increase the professional expertise that already makes such a great contribution to the quality of parliamentary debate. I have argued, and will continue to argue, for all this and more, but subverting the primacy of the Commons is not the answer to reform.

The Government know that it would be impossible to write into law the conventions governing the relationship between the Lords and Commons. As a result, the only protection against legislative gridlock between the two Houses would be the good faith of the new senators. We would have to require 360 career politicians to promise not to use their new democratic mandate to oppose the will of the Commons. If one day in the future this House is legislating on military action or an emergency Budget, for example—situations in which time is of the essence—we would run the risk of a costly delay as our new senators discover the power and publicity that this mandate conferred. Of course, we could always use the Parliament Acts to ram a Bill through this new House of senators, but that hardly seems to signify a new era of democratic accountability to me. Indeed, how ironic that the supporters of a Bill for reforming our democracy are refusing to take their argument to the country.

The claim that the choice was put to the public at the general election does not hold up either. Where was the choice when all the main parties offered it in their manifestos? The polling overwhelmingly shows that an elected House of Lords is not a priority. Does it stretch belief that voting intentions may have been dictated largely by what our parties were promising to do on the economy and public services, rather than on constitutional reform? A referendum would ensure that the public have all the facts before making their choice known. In the same polling I quoted earlier, even Liberal Democrat support for these proposals fell to just 29% once the costs of elections were factored in.

I know that many colleagues will have been urged to express their concerns on Third Reading, but those suggesting that approach are being disingenuous at best. Unless a referendum clause is added now, there is no guarantee that it will be added later and, with a combination of the Parliament Acts being used and Opposition Members saying that they will support the Bill on Second and Third Reading, there is little chance that a Back-Bench amendment would be successful. The only way that the views of hon. Members would be heard and debated properly is if we vote against the programme motion and, in the absence of a referendum clause, vote against the Bill’s Second Reading. Anything else is merely a protest vote, not one that will make a difference.