House of Lords Reform Bill Debate

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Department: Cabinet Office

House of Lords Reform Bill

Sadiq Khan Excerpts
Monday 9th July 2012

(12 years, 5 months ago)

Commons Chamber
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Sadiq Khan Portrait Sadiq Khan (Tooting) (Lab)
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I am pleased to be here to debate these important constitutional changes. I admit that while the country is stuck in a double-dip recession and millions are still out of work, this would not have been my priority if I were sitting on the Government Benches, but unfortunately we cannot set the Government’s priorities, and we are where we are.

I am pleased to be here because, frankly, the Deputy Prime Minister’s Bill is a bit of a mess, and I am afraid that his speech did not help matters much either. As a supporter of House of Lords reform, I want to do what I can to ensure that reform comes about, but that it is the right reform and is supported by the people. The Bill has huge implications for how Parliament and our Government operate, so we need to get it right. The reforms will form the basis of a lasting settlement between Parliament and the British people, so we need time to get it right—something I shall speak to a little later.

The Chamber has debated House of Lords reform many times, as anyone who reads the excellent House of Lords Library paper on the chronology of Lords reform will soon realise. It is 95 pages long—and that is only for the period 1997 to 2010. It does not include the Parliament Acts 1911 and 1949, the creation of life peerages in 1958 or other unsuccessful attempts at reform.

The Labour party remains very much in favour of reforming the second Chamber and will support the Bill on Second Reading tomorrow night. Ever since I have been in my current role, I have emphasised our desire to seek a consensus on Lords reform, as did Labour Ministers when we were in government. The Deputy Prime Minister referred to cross-party talks and consensus. I attended the cross-party discussions that he chaired, but unfortunately they were curtailed before we had the chance to discuss all the issues. Our last meeting was in November 2010.

When in government, we recognised that consensus building was crucial to the success of constitutional change, as well as the dangers of impermanence stemming from one Government imposing their will on our constitution, only to see their changes undone by the next Government. Our constitution deserves better than partisan self-serving change.

Mike Crockart Portrait Mike Crockart (Edinburgh West) (LD)
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I have a simple question. The right hon. Gentleman says he needs more time to look at the Bill and get it right. How much more time does he need?

Sadiq Khan Portrait Sadiq Khan
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I shall give the hon. Gentleman a simple answer: wait and hear!

Rather than working with us on House of Lords reform, the Deputy Prime Minister has occasionally chosen to pursue a lofty, hectoring stance. I am afraid that his piety has done great harm to the cause of constitutional reform. Labour has decided to support the Bill on Second Reading in spite of his attitude, not because of it.

Let me take this opportunity to lay to rest the myths spread about Labour’s record on House of Lords reform. The changes that Labour enacted to the second Chamber between 1997 and 2010 were unparalleled. No political party—certainly not in modern times—comes anywhere near our legacy. Just 15 years ago, in 1997, the second Chamber was still full of hereditary peers, so the government of the country was still determined by a group of people chosen by birth right. It was the politics of a previous century and a different time. After considerable debate, Labour pushed ahead with the removal of hereditary peers. Many here will remember the enormous objections in the other place and from Conservative Members. In fact, 13 of the current Cabinet voted against the Second Reading of the House of Lords Act 1999.

And what did the Liberal Democrats do?

Sadiq Khan Portrait Sadiq Khan
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Perhaps the hon. Gentleman can tell me.

Stephen Gilbert Portrait Stephen Gilbert
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Rather than the right hon. Gentleman asking me questions, I would like to ask him one. How will the Labour party vote on the programme motion?

Sadiq Khan Portrait Sadiq Khan
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I will answer the question myself. On the Third Reading of the Bill abolishing 90% of hereditary peers, the Lib Dems abstained. I know a reshuffle is due, but the hon. Gentleman should stop reading the Whips’ sheet and listen to the debate.

The Lib Dems abstained. Subsequently, we introduced people’s peers and a proper appointments process, and we also sought to ensure that no single party would have a majority of Members in the second Chamber. The Constitutional Reform Act 2005 resulted in a far-reaching separation of powers, with senior Law Lords removed from the other place. The UK for the first time had its own dedicated Supreme Court, which is now firmly established on the other side of Parliament square. It is also worth reminding the House what happened on that occasion. Thirteen members of the current Cabinet, including the Prime Minister, supported a reasoned amendment declining to give that Bill a Second Reading in 2005. What did the Liberal Democrats do on Third Reading? Yes, they decisively abstained. We are therefore comfortable with our record in government on good constitutional reform.

Andrew Bridgen Portrait Andrew Bridgen
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The right hon. Gentleman talks about creating a consensus across the Chamber about Lords reform, but is not the truth that this Bill, if enacted, will not reform the House of Lords, but effectively abolish it? The House of Lords is a fine institution. It is not broken, so why do we need to fix it?

Sadiq Khan Portrait Sadiq Khan
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The hon. Gentleman is right that the reforms, if carried through, will replace the House of Lords as we know it now. However, I will come to the semantics of the words “abolish” or “replace” in a moment.

It is fair to say that Labour would have liked to go much further. On occasion we tried to achieve much more, but we were held back. Our decision to proceed only with cross-party consensus acted as a restraint on the pace of reform. Proposals floated by Labour ran into fierce opposition. Despite healthy general election majorities, Labour did not seek to impose our wholesale reforms on a divided House of Commons. It is ironic that this has left us open to criticism by the Deputy Prime Minister—and, I hear, the Chancellor—for not doing enough during our years in government.

The House of Lords Reform Bill was first published on 27 June. A draft Bill was published in May last year, which was largely castigated in this Chamber and the other place. Before the Bill’s publication, the Deputy Prime Minister set great store by the findings of the Joint Committee established to look into the draft Bill. Let me take this opportunity to thank all the members of the Joint Committee, who spent nine months on the report. The Joint Committee published its report on 23 April, with an alternative report published by 12 of its members.

Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown (The Cotswolds) (Con)
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The right hon. Gentleman’s manifesto at the last election stated:

“To begin the task of building a new politics, we will let the British people decide on whether to make Parliament more democratic and accountable”

in a referendum. Is that still his party’s view?

Sadiq Khan Portrait Sadiq Khan
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It very much is. Unlike the hon. Gentleman’s coalition partners, we keep our promises.

Guy Opperman Portrait Guy Opperman (Hexham) (Con)
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The right hon. Gentleman said that he required time to consider the Bill. How long does he require—10, 15, 20 or 25 days? Will he enlighten the House by saying how long he feels is necessary?

Sadiq Khan Portrait Sadiq Khan
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We are in favour of reform. I will come to the issue of timing in a moment.

I note from his opening statement that the Deputy Prime Minister highlighted areas where the Bill had been amended as a result of the Joint Committee’s report, but he was less keen to highlight those where he has not taken on board the Joint Committee’s views. He knows as well as I do that he has cherry-picked from the Joint Committee’s report, while blindly ignoring its other key recommendations and concerns. Let me turn to the Bill itself. If I was being generous, I would have to say that the Bill as it stands is a bit of a mess.

Baroness Laing of Elderslie Portrait Mrs Laing
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Having sat on the Joint Committee for eight months, I entirely agree with the right hon. Gentleman that the report was critical of the Government’s Bill. The alternative report—signed by 12 of the Joint Committee’s 25 members—was even more critical. The Committee agreed that eight months was not long enough to give proper scrutiny to the Bill, so how could 10 days be long enough for this House?

Sadiq Khan Portrait Sadiq Khan
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I thank the hon. Lady for her intervention. She reminds us that there are still a number of major deficiencies, which will need to be looked at in Committee, if the Bill is to be improved. Our support for giving the Bill a Second Reading should therefore not be taken as a blank cheque.

We have many concerns—many of them major—about the content of the Bill, but I shall concentrate on three areas.

The area of powers and conventions deserves our greatest attention. With all the focus on form, the Government have neglected function. On primacy, the Government have sought to rewrite the inadequate clause 2 of the draft Bill and dropped any reference to the conventions governing the relationship between the Houses. It remains to be seen whether this will deal satisfactorily with the issue; constitutional experts are no doubt poring over this as we speak. As the Bill will be debated on the Floor of the House, and as new clause 2 was not considered by the Joint Committee, there has been no pre-legislative scrutiny. We simply do not know whether the provision is adequate. Labour Members want to ensure that the Commons maintains its primacy even when a second Chamber becomes elected.

It is impossible to predict what changes might develop in the culture of the House of Lords following reform, but it seems likely that elected Members will expect to play at least a fairly assertive role and that voters may share that view. When the European Parliament went from being an appointed to an elected body, it demanded more powers to reflect its democratic mandate. Why should elected Members of the second Chamber be bound by conventions that bind a Chamber of hereditary and appointed peers? The Bill effectively washes its hands of this issue.

Lord Watts Portrait Mr Dave Watts (St Helens North) (Lab)
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Will my right hon. Friend explain why it is good enough to have a referendum when we are electing a mayor in a city, yet not good enough to have one when we are changing the constitution?

Sadiq Khan Portrait Sadiq Khan
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I heard the Deputy Prime Minister desperately trying to answer that question, but on four or five occasions when such questions were put to him by his hon. Friends, he failed to answer them.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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Did my hon. Friend notice that in answering one of his colleagues earlier, the Deputy Prime Minister said that the coalition had decided on a change to the voting system in favour of proportional representation? Only a few months ago, however, the electorate rejected that, but the coalition is not prepared to accept the democratic will of the electorate.

Sadiq Khan Portrait Sadiq Khan
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It is worse than that. The Joint Committee did not even examine the type of voting system that is now being proposed. It was pulled out of a hat without any proper consideration.

Although the Bill recognises that conventions—[Interruption.] Ministers on the Treasury Bench need to calm down.

David Heath Portrait The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
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Will the right hon. Gentleman confirm that the semi-open list system was exactly the system that he personally asked for in the Joint Committee?

Sadiq Khan Portrait Sadiq Khan
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Will the hon. Gentleman confirm two things: first, that the Joint Committee stopped sitting in November 2010; and, secondly, that the Joint Committee of both Houses failed to consider this system? He decides not to respond.

--- Later in debate ---
Sadiq Khan Portrait Sadiq Khan
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The Bill—

David Heath Portrait Mr Heath
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He wanted me to respond, Mr Speaker.

Sadiq Khan Portrait Sadiq Khan
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The Bill recognises that conventions may evolve, and assumes this will happen of its own accord during the transition phases. We believe that that is too passive and is a dangerous position. The obvious questions requiring clarification include the following. What is the position on the Salisbury-Addison convention about Bills and the prevention of manifesto commitments? What about the convention that the Lords does not usually object to secondary legislation? More than 1,000 pieces of secondary legislation go through Parliament each year; the Parliament Acts do not cover this. What about the convention that the Government should get their business through in reasonable time? The Parliament Acts still allow Bills to be delayed for 13 months. What is the position on the exchange of amendments between Houses? The Lords could force the Commons to concede on major changes or resort to the use of the Parliament Acts. I am not saying that those questions cannot be answered adequately; it is just that the Government appear not even to realise that these are live issues. They have their heads in the sand.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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The shadow Secretary of State is making a powerful speech. He refers to the Government’s Bill. Is it not a fact that there are 10 Ministers sitting on the Front Bench today, of whom only two are Conservative and eight are Liberal? Does that not show where the real support for this Bill comes from?

Sadiq Khan Portrait Sadiq Khan
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It is not for me to get involved in private family grief.

It is simply not clear how any dispute about the use of powers or appropriate interpretation of conventions could be adjudicated or effectively enforced? We think the Bill will need to play a more active role in addressing powers and conventions, particularly if we are to placate the legitimate fears of colleagues on all sides and in both Chambers. Failure to do so risks storing up big problems for the future.

Anne Main Portrait Mrs Main
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I should appreciate the right hon. Gentleman’s comments on the function of this apparent second House. Does he share my fear that when the majority of its Members are elected and a small proportion will be appointed, there will be a divided second House some of whose Members will have more power than others? When it comes to a tied vote, who will really win?

Sadiq Khan Portrait Sadiq Khan
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The hon. Lady raises one of the issues that need to be resolved.

Tim Farron Portrait Tim Farron (Westmorland and Lonsdale) (LD)
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Will the right hon. Gentleman give way?

Sadiq Khan Portrait Sadiq Khan
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The hon. Gentleman has been very patient, so I will give way to him.

Tim Farron Portrait Tim Farron
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I am extremely grateful to the right hon. Gentleman for his statesmanlike address. He seeks credit for the Labour party for reforming history, and he is right to do so. The last but one Labour Prime Minister, who introduced devolution in Scotland and Wales and a Northern Ireland Assembly, and, indeed, introduced proportional representation for European elections without a referendum, deserves enormous credit.

Does the right hon. Gentleman feel comfortable about concentrating on the details now, and essentially asking for a prevaricators’ charter? Does he feel comfortable about being ranked as a pygmy alongside those giants of constitutional reform?

Sadiq Khan Portrait Sadiq Khan
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I am not sure whether I understand the hon. Gentleman’s point. He seems to be suggesting that we skip the details and rush the Bill through the House, and I am not sure that that is my idea of good government.

Gavin Shuker Portrait Gavin Shuker (Luton South) (Lab/Co-op)
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Does my right hon. Friend feel as uncomfortable as I do when listening to the Liberal Democrats lecturing people on referendum commitments in manifestos when they cannot even keep to their own commitments to their coalition colleagues, or on tuition fees?

Sadiq Khan Portrait Sadiq Khan
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I am always uncomfortable when listening to Liberal Democrat Members of Parliament.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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Will my right hon. Friend give way?

Sadiq Khan Portrait Sadiq Khan
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I will give way once more.

Barry Sheerman Portrait Mr Sheerman
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My right hon. Friend is making some very good points. I have been in the House for long enough to have voted for many of the progressive measures introduced by a Labour Government, but one of the things that worry the reformers on the Opposition Benches who want change in the upper House is the quality of the people who would end up there—and there is nothing in the Bill to assure us that the party machines will not control all the people who end up there.

Sadiq Khan Portrait Sadiq Khan
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My hon. Friend highlights one of the problems of a list system. That is one of the reasons why we are surprised that the Joint Committee, which sat for nine months, did not consider the type of system that is being imposed in the Bill.

“I am a supporter of a fully elected House of Lords”.—[Official Report, 5 April 2011; Vol. 526, c. 879.]

Those are not my words—although I agree with them—but the words of the Deputy Prime Minister. However, his Bill proposes the establishment of an 80% elected Chamber. We are disappointed that it has not gone for a fully elected second Chamber. Even the Joint Committee was split, recognising that there was a case for that.

Our position is that we want a fully elected second Chamber, and that was also the position taken in the Liberal Democrats’ manifesto. By allowing some Members still to be appointed, the Deputy Prime Minister is weakening his own arguments for having elected Members in the second Chamber. The Deputy Prime Minister’s pet phrase—although he did not use it today—is “Do not let the best be the enemy of the good”, but in proposing a hybrid Chamber he may be storing up problems for the future.

Mark Harper Portrait The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
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I was a little confused by the right hon. Gentleman’s criticism of the open list system. One of the things that we did after listening to the Joint Committee was adopt an open list system, in the spirit of consensus, as it is exactly what the Labour party put in its manifesto.

Sadiq Khan Portrait Sadiq Khan
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The Minister is wrong to suggest that the Joint Committee had an opportunity to consider the system that he has now put in the Bill. It simply did not. I am willing to give way to the Minister again. Did the Joint Committee consider the type of voting system that is in the Bill? Well, the Minister has decided to remain in his seat, which is his prerogative.

There are legitimate concerns about the possibility that this hybrid system will lead to tensions between the different types of Member, and that those who are elected and are full time will consider themselves more legitimate, and be treated as such, than those who are unelected and part time. There are also other concerns, which will no doubt be raised over the next two days.

Lord Barwell Portrait Gavin Barwell (Croydon Central) (Con)
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The right hon. Gentleman asked whether the Joint Committee had considered the issue of open lists. Obviously we did not consider the specific clauses that are now in the Bill, but if he reads our report he will see that there is a section referring to open lists, and a recommendation that states

“In the Committee's view, the voting system chosen should give voters the widest choice… of where to cast their preferences, whether that is within a single party or across candidates”.

We did consider the issue, and the right hon. Gentleman may wish to correct the record.

Sadiq Khan Portrait Sadiq Khan
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I thank the hon. Gentleman for helping me out by confirming that the clause was not considered by the Joint Committee.

Tristram Hunt Portrait Tristram Hunt (Stoke-on-Trent Central) (Lab)
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In answer to an intervention from the hon. Member for Penrith and The Border (Rory Stewart), the Deputy Prime Minister said there could be some kind of referendum or investigation after the election of the first tranche of peers. That shows that we need a more detailed investigation of the Bill, because the rules are changing as we go along.

Sadiq Khan Portrait Sadiq Khan
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It is worrying that the Deputy Prime Minister has today decided to pull a rabbit out of the hat by suggesting the idea of a referendum once we have some peers appointed or elected in the way that he wants.

We also need to be clear that the model is not quite as simple as the 80:20 split that has been portrayed. The Bill permits the Prime Minister of the day to appoint eight additional Ministers to sit in the Chamber. That will mean that, once again, patronage will lead to a place in the second Chamber—so much for accountability and the end of patronage! Over the period of a Government, that could accumulate, and result in a fair number of partisan ex-Ministers with full voting rights being members of the legislature for 15-year terms by appointment via patronage. This, again, is against the advice of the Joint Committee.

Dan Byles Portrait Dan Byles (North Warwickshire) (Con)
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The right hon. Gentleman has discussed the problem with having different types of peers in the new upper House, but nobody has yet discussed the new ministerial Members, who will, of course—[Interruption.] Well, not in terms of numbers. The fact is that the Bill will allow the Prime Minister of the day to impose an unlimited number of ministerial peers who are not appointed by the independent appointments system.

Sadiq Khan Portrait Sadiq Khan
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The draft Bill advocated the Prime Minister having the power to appoint Ministers, who would be members of the legislature for as long as they were Ministers. However, the Bill published last week says they can stay for 15 years, which is really quite remarkable.

Alison Seabeck Portrait Alison Seabeck (Plymouth, Moor View) (Lab)
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I thank my right hon. Friend for making public the historic levels of indecision on the Liberal Democrat Benches in respect of House of Lords reform. On the 15-years issue, the Deputy Prime Minister says this House contains career politicians. Surely, a 15-year job is a career.

Sadiq Khan Portrait Sadiq Khan
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My hon. Friend is absolutely right: 15 years non-renewable hardly leads to accountability.

A key absence from the Bill is that there will be no referendum. The Government have opted to impose their proposals on the public, rather than trust the people with a vote on House of Lords reform. We think that is an error, and it runs contrary to the growing tradition that major constitutional change should be put to the people in a referendum.

It is not only Labour that calls for a referendum. The Joint Committee also unanimously called for a referendum:

“The Committee recommends that, in view of the significance of the constitutional change brought forward for an elected House of Lords, the Government should submit the decision to a referendum.”

This Bill is much weaker as a result of the Government refusing to include a referendum.

We heard a number of defences of that position from the Deputy Prime Minister. He said a referendum was not needed because proposals to reform the House of Lords were in all three main parties’ manifestos. The manifestos said very different things, however. While Labour and the Lib Dems called for a wholly elected second Chamber—albeit Labour wanted a referendum as well—the Conservatives sought only to find consensus. It is not simply semantics to argue that the Conservatives never actually gave a commitment to reform the House of Lords; they gave a process commitment to seek dialogue to find common ground.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
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Will the right hon. Gentleman give way?

Sadiq Khan Portrait Sadiq Khan
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I need to make some progress; I have been speaking for quite a while.

What is the best way to build consensus and to get a second Chamber that has legitimacy and public confidence? One way would be through holding a referendum. That would give consensus, public confidence and greater legitimacy.

Even if all three manifesto commitments had been identical, we would still push for a referendum. First, we would do so because it is in our manifesto. Secondly, as has been highlighted by a number of eminent commentators and colleagues from both sides of the Chamber, we would do so because someone who was opposed to reform of the House of Lords had no way of expressing that opinion at the last election. A referendum would allow a full and frank airing of views and allow voters the option to support, or oppose, the position.

Duncan Hames Portrait Duncan Hames
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Will the right hon. Gentleman give way?

Sadiq Khan Portrait Sadiq Khan
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I want to make some progress.

The fact is that, under these proposals, by 2015, let alone 2025, the way in which the Members of the other Chamber are elected and appointed will be totally different from how it is now. That is a radical change; it is not simply tinkering. If it were just tinkering, I am sure that the Deputy Prime Minister would not be quite so keen to champion the proposals as he is now.

Moreover, Parliament has got into the habit—some would call it a convention, and a good one at that—of holding referendums on major constitutional change. When in government, Labour did so in Wales, Scotland and Northern Ireland on devolution proposals, and in London on the creation of the mayoralty and the assembly. We also did so on giving further powers to the Welsh Assembly. We gave the people of the north-east of England a referendum to vote on regional government —a proposal they rejected. Even this Government have held a referendum on changing the voting system. People will not unreasonably think that the Deputy Prime Minister fears that his latest set of proposals will suffer the same fate as his electoral reform ideas. Referendums were also held in towns and cities up and down the country on proposals for elected mayors less than eight weeks ago. So if a referendum is good enough for Wales, Scotland, Northern Ireland, London, the north-east, Bristol, Leeds, Sheffield, Manchester, Birmingham, Wakefield, and for the alternative vote system, it is certainly good enough for Lords reform—an issue of national significance.

Time prevents me from dealing with the other areas where this Bill needs improvement, which include the length of the terms; whether those terms should be renewable; the cost of the second Chamber; the transitional arrangements; and the system of elections. There are more such issues, but time is running away.

We have made it clear that we will be voting to give the Bill a Second Reading; we support the principle of reform of the House of Lords. As the Government have decided to introduce this Bill, our job is to respond. We will oppose where we think things are not right and we will support them when we think they are the right thing to do. As I have said, on this occasion we will be supporting the progress of this Bill, but the Committee stage will offer the opportunity for the House to shape the Bill into something much better.

It is absolutely crucial—[Interruption.] I will answer the question that Ministers on the Treasury Bench have been chuntering about. It is crucial that the Bill is given sufficient time to be debated in detail. I know that the Chief Whip has now left, but attempts to shorten or stifle debate by the Government would be unhelpful. A fixed period of time for the Committee stage will not allow proper discussion of all 60 clauses and 11 schedules, and consideration of new clauses. Filibustering could render a full and frank debate impossible, which would be an utter travesty for a Bill of this importance. Let us consider the following:

“when there are really important matters before the House…a big Bill when Members want to say what they need on behalf of their constituents, they are unable to do so because of some ridiculous programme motion that does not take into account the gravity or importance of the measure.”—[Official Report, 2 February 2009; Vol. 487, c. 638.]

They are not my words; they are the words of the Deputy Leader of the House of Commons.

Lord Campbell of Pittenweem Portrait Sir Menzies Campbell (North East Fife) (LD)
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The right hon. Gentleman has not stinted from personal criticism of my right hon. Friend the Deputy Prime Minister, so why is he declining to tell the House of Commons how many days he thinks are necessary for this Bill? If he and his party are so committed to the reform of the House of Lords, why is it, if they oppose the programme motion, that they will find themselves in the same Lobby as those opposed, root and branch, to any reform at all?

Sadiq Khan Portrait Sadiq Khan
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I think the right hon. and learned Gentleman is talking about his coalition partners. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. Liberal Democrat Members should not be yelling at the right hon. Gentleman. The right hon. and learned Member for North East Fife (Sir Menzies Campbell) intervened and the right hon. Member for Tooting (Sadiq Khan) is replying. The hon. Member for Westmorland and Lonsdale (Tim Farron) is an aspiring statesman—

John Bercow Portrait Mr Speaker
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Well, perhaps he thinks he is a statesman already, and he should behave accordingly. Let us hear Mr Sadiq Khan.

Sadiq Khan Portrait Sadiq Khan
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I have already told the House what the Deputy Leader of the House thought a few months before he had the burdens of high office. Only two months before he became part of the Government and part of the Executive, he said that programme motions are

“imposed by the Executive to prevent debate”.—[Official Report, 2 March 2010; Vol. 506, c. 819.]

Sadiq Khan Portrait Sadiq Khan
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Let me refer to the manifesto on which the hon. Gentleman stood and won in 2010. In a section on the House of Commons entitled

“Strengthen the House of Commons to increase accountability”,

it stated that Parliament would be given

“control over its own agenda so that all bills leaving the Commons have been fully debated.”

Chris Bryant Portrait Chris Bryant
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I am grateful to my right hon. Friend for giving way. One problem is that when we debate important pieces of legislation, we sometimes expect them to be corrected in the House of Lords and choose not to have votes in this Chamber as they take 15 minutes, losing us time for debate. Is it not therefore all the more important, particularly on clause 1, which contains nearly all the issues of composition, that we have as much time as it takes to get it absolutely right and to have as many votes as we need to get it right? Otherwise, there will be no prospect of the Bill ever coming into law because we will be unable to Parliament Act it.

Sadiq Khan Portrait Sadiq Khan
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On a number of occasions, the Prime Minister and Deputy Prime Minister have said that they will use the Parliament Act to get the Bill through, which means that the second Chamber’s ability to revise and improve will have gone and the Bill must leave this Chamber in the best state possible. If debate is guillotined, that will not be possible.

Baroness Beckett Portrait Margaret Beckett
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My right hon. Friend has made a point in his effective speech of referring to the previous Government’s record on reforming and improving the House of Lords and of the Liberal Democrats’ failure to support us. Let me remind him that when we introduced the House of Lords Act 1999, if I recall correctly, we allowed four full days of debate on the Floor of the House on the five-clause Bill and we did not programme that discussion in any way because it was a constitutional matter.

Sadiq Khan Portrait Sadiq Khan
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I apologise for correcting my right hon. Friend, but in fact there were nine days of debate, not four, on the Floor of the House. She is absolutely right in all other respects.

Graham Allen Portrait Mr Graham Allen (Nottingham North) (Lab)
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Does my right hon. Friend understand that if he is not prepared to say how long a programme motion should specify for debate, even in his wildest dreams, while saying that he wants reform of the second Chamber, people outside this Chamber might well feel that his position is contradictory? Will he therefore consider entering into proper negotiations should the programme motion fail tomorrow night, so that we ensure that everyone outside this place knows that the Labour party is still a party of reform of the second Chamber?

Sadiq Khan Portrait Sadiq Khan
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I thank the Chair of the Political and Constitutional Reform Committee for his helpful words. It is important for us to ensure that we do that so that the public can see that we are genuine and because we believe in House of Lords reform. We do not want the Bill to get stuck in the House of Commons so we will enter into discussions, but the Government must talk to us. The Deputy Prime Minister has failed to talk to us on the substance of the Bill and what is really important is that the usual channels operate—

Sadiq Khan Portrait Sadiq Khan
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I have already allowed the hon. Gentleman and others to intervene—[Hon. Members: “Ah!”] Of course I will give way.

David Heath Portrait Mr Heath
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Let me make it absolutely plain: we have tried to speak to the Opposition at all times during the development of the Bill to find out how they long they want for the programming of it. They have declined to tell us and the right hon. Gentleman is declining to tell us today. That is why we cannot reach consensus; the Opposition do not want to tell us how long they want for the Bill, but simply want to vote against the programme motion.

Sadiq Khan Portrait Sadiq Khan
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It will be for others to draw what conclusions they want to from those crocodile tears.

As the Leader of the House has returned to the Chamber, it is worth reminding ourselves of what the Conservatives believe about programme motions. He has said that

“today I can announce that we will abolish the practice of automatically guillotining Government Bills and give Parliament back the time it needs to make real improvements to the law.”

The manifesto on which he stood—the Conservative manifesto, not the Liberal Democrats one—stated that they would allow

“MPs the time to scrutinise law effectively”.

That is the point that we have been trying to make. Both coalition parties are clearly on the same page as Labour. The Bill before us today should be allowed to be fully debated and there should be no guillotining of debate by the Government.

Lord Young of Cookham Portrait The Leader of the House of Commons (Sir George Young)
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I am very grateful to the right hon. Gentleman for giving way. It is indeed the case that since 2010 we have tried to develop a consensual approach to the programming of legislation and on many constitutional Bills against which his party has voted on Second Reading, they have agreed to the programme motion. That has happened because we have had a sensible dialogue. I very much regret that, on this Bill, it has not been possible to have that dialogue and reach agreement.

Sadiq Khan Portrait Sadiq Khan
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As somebody who was involved in the boundary changes Bill, I can say that that was not the case.

Ian C. Lucas Portrait Ian Lucas (Wrexham) (Lab)
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The Parliamentary Voting System and Constituencies Act 2011 made a substantial parliamentary change in Wales. Due to the approach of the Liberal Democrats and the Conservatives in the coalition, there was no discussion on the Floor of the House on the reduction from 40 seats to 30 for Wales. That is exactly what will happen if we have a programme motion for this Bill—we will be prevented from speaking out.

Sadiq Khan Portrait Sadiq Khan
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It is worth reminding the House what happened: MPs from Wales did not get a chance to discuss their seats, and nor did MPs from Devon and Cornwall, but the hon. Member for Isle of Wight (Mr Turner) got his chance to discuss his seat.

The Government are not only trying to deprive the public of their say in the matter by not giving them a referendum, but seeking to deprive the people’s representatives of the chance properly to scrutinise the Bill. For the avoidance of doubt, I repeat what my right hon. Friend the Leader of the Opposition has made quite clear: we want House of Lords reform and we do not want the Bill stuck in the Commons, but we need the opportunity properly to scrutinise, amend and improve it. Accordingly, we will vote against the programme motion tomorrow night, and hope that Members on both sides of the House join us.

Baroness Laing of Elderslie Portrait Mrs Laing
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Does the right hon. Gentleman acknowledge that this is not just any Bill? The Bill brings about fundamental change to Parliament. It is a serious constitutional measure and, by convention, the House does not usually put a timetable—a limit—on a Bill of such constitutional significance.

Sadiq Khan Portrait Sadiq Khan
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I heard Lib Dem Members chuntering while the hon. Lady, who sits on the Political and Constitutional Reform Committee, sat on the Joint Committee and spoke for the Conservatives in opposition, made her important point.

The next two days offer an opportunity for views from all sides to be expressed. On previous occasions when the Chamber has debated House of Lords reform, there has been no shortage of opinions from across the full spectrum, all sincerely held and all genuine. I am certain that this occasion will be no different. I understand that more than 115 MPs have already indicated that they want to speak in the debate over the next two days. I know that there are siren voices of concern in all parts of the Chamber. There are those who favour reform, but have concerns about the Bill, and those who favour the status quo.

Let me end by saying that we can all agree that no one, except the Deputy Prime Minister, thinks that this is a perfect Bill. We will help the Government to give the Bill a Second Reading tomorrow night, but Government Back Benchers should vote with us on the programme motion so that we can all work together to achieve a better Bill.

None Portrait Several hon. Members
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rose

--- Later in debate ---
David Heath Portrait Mr Heath
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I said that I would come on to the programme motion in a moment.

Sadiq Khan Portrait Sadiq Khan
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Do it now.

David Heath Portrait Mr Heath
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The right hon. Gentleman says “Do it now.” I asked him dozens of times how long he had waited for this Bill, and he never replied. Not once, so he can pipe down!

Others argue that they want reform, but not now, as there are and always will be other priorities. They are absolutely right that economic issues must be pre-eminent. That is the reason for this coalition Government, but it does not stop the House doing other things, and it never has. It did not prevent this House from passing one of the most important pieces of legislation on social policy we have ever had—the Education Act 1944—in the middle of a world war. I simply do not believe that this House cannot address more than one issue at a time.

A variety of Members said that they want reform, but not this reform. Some have argued that it is a mixture of proposals and not the unadulterated product of a single party’s programme. That is true, but these are the same people who also argue that we have failed to listen to others and that we have failed to reach consensus. We have tried to find common ground between the parties, and that is what is before us today.