Big Society
Tristram Hunt Excerpts(13 years, 4 months ago)
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Tristram Hunt (Stoke-on-Trent Central) (Lab)
It is a great pleasure and a privilege to follow the hon. Member for Pudsey (Stuart Andrew), and I congratulate the hon. Member for Dover (Charlie Elphicke), who is no longer in his place, on securing this debate. We on the Opposition Benches are enormous fans of the big society, not least because it cost the Conservatives an overall majority at the general election. Well, we thought it did until we saw their friends on the Liberal Benches.
I was happy to put my name to the motion, because, as my hon. Friend the Member for Leicester West (Liz Kendall) suggested, the big society is absolutely fundamental to the Labour vision and to the Labour traditions of mutualism, co-operation and associationalism. However, there is a strong case for saying that we have lost sight of many of those traditions. We lost sight of them in the early 20th century, when we allowed clause IV to be written as it was, and we lost sight of them in the later years of our period in government, when we became over-regulatory and over-zealous in our admiration of the state. The hon. Member for Stourbridge (Margot James) cited some of the Criminal Records Bureau’s activities, and that is an example of exactly where we began to go wrong.
As I think about how the Labour party begins to renew itself and ask questions of itself as we prepare for our speedy return to government, I think about our relationship with the big society and the tradition re-emerges.
Mel Stride
Before the hon. Gentleman processes on his speedy return to government, may I ask him something, as someone who has an interest in history and knows that he has an acute interest in history? That aspect of the state crowding out private and mutual endeavour was highlighted by William Beveridge in his report. Does the hon. Gentleman accept that Beveridge would look back now and say that the state had become too big, and that Labour Governments had played their part in that?
Tristram Hunt
I thank the hon. Gentleman for his intervention. That is an acute question. I do not always accept the notion of crowding out, although there are times at which one can point to that.
The Labour tradition, as it has evolved, has sought to create a critical relationship with local government and central Government, and that is the difference between ourselves and Conservative Members. As my hon. Friend the Member for Leicester West suggested, the enabling state is part of the Labour tradition. When we look back to where we have come from, as my hon. Friend the Member for Walthamstow (Stella Creasy) will imminently explain in beautiful prose, we can go right back to the late 18th century to the traditions of Paine and of critiquing the functioning of the market while believing in market principles. This was based on a belief that the state was not always a force for good. As Adam Smith argued, the state in the late 18th century was often a force for arbitrary activities, clamping down on the rights of working people and interfering in proper market practice.
Jesse Norman
I am thrilled by the robustly Conservative —indeed, Burkean—tone of the hon. Gentleman’s comments. However, I am interested in his support for Paine. Does he really believe that a person who backed the French revolution and its support for abstract rights over and above the legal privileges of the free-born Englishman deserves his support, and that he can be invoked in the context of the big society?
Tristram Hunt
I thank the hon. Gentleman for his intervention. The wonderful thing about Paine is that he can be invoked on almost any issue, and in this particular seminar we are talking about the associationalist Paine rather than the Jacobin Paine.
Another part of the Labour narrative is the Owenite tradition, which was about co-operation rather than competition, and about man’s character being formed through his interactions with others rather than through being born with original sin, which was the Conservative position. We can also point to the Liberal tradition of the Rochdale pioneers—this, too, is part of the Labour story of co-operation, self-help, mutualism and self-improvement. We have to ask why these institutions and forms came into being. Why did working people club together in friendly societies, trade unions, burial societies and other associations? It was because of the failings of the mid-Victorian big society—the failings of noblesse oblige, Lady Bountiful, the night watchman state, and the attacks that we still hear today, whether on health and safety or over-regulation. It was a Tory vision which failed for millions of working people, and that is why our tradition of mutualism, associationalism and the big society came into being.
Jesse Norman
I noticed the subtlety with which the hon. Gentleman moved from a critique of Victorian society to a critique of the Victorian state. Can he outline the terms in which the state was able to support the development of these priceless independent institutions which we all now celebrate?
Tristram Hunt
I thank the hon. Gentleman, who is right in one sense: part of the brilliance of the British tradition is our ability to create all sorts of forms of associational activity, be it limited liability companies or co-operatives. However, Labour Members point to our particular tradition of mutualism and associationalism, which comes from a failure of the Tory approach.
I would happily wax lyrical about the Labour tradition for many minutes to come, but I suggest to my hon. Friends that we cannot be too romantic about the past. Many of the worst actors in the recent financial crash were mutual organisations with co-operative governance structures. There is no inherent virtue in these modes of organisation that protects them from the kind of activities that we saw. As my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, we need to think innovatively about how we take these forms into the 21st century. We need to think about tax advantages for employee benefit trusts, the right to request the mutualisation of public services—as well as what that means for pay and conditions—and systems of asset locks. A relevant and credible example of this was announced by Ministers today regarding the future of British Waterways. The Government seem to be heading towards the charitable model, but many Labour Members will think that a co-operative model, with all the differences that that entails, would be the best way. I am more hopeful about the hon. Member for Dover’s plans for Dover harbour.
The difference between Labour and the Conservatives as regards the big society is about the history of co-operation with forms of government—first, in the mid-19th century, with local government, again following Tory failures. In Manchester, in Birmingham and across the country, there was a coalition of the associationalist, mutualist tradition and local government. Then, in the early 20th century, when the new Liberals actually believed in progressive politics, it was a coalition with the central state based on the belief in an enabling state and a relationship between forms of civil society and forms of the state. That continues today in relation to the big society and our politics. We believe in a relationship with a progressive, activist, enabling state.
That brings me to the crux of the issue. Various Conservative Members have pooh-poohed us for suggesting that there is an ideological element to the Government’s thinking and said that because the Prime Minister wrote an article six years ago in which he might have hinted at some of these ideas, we should think that there is some noble tradition involved. The big society is being used as a vehicle for justifying some of the major cuts and assaults on the state that we are seeing today. As my hon. Friend the Member for Makerfield (Yvonne Fovargue) pointed out, voluntary institutions—the building blocks of civil society and of many of our communities—will be undone by the Government’s cuts, which are going too far and too fast. Some of the communities that we represent need capacity building, capability building and investment building. I say that not because, as the hon. Member for Pudsey suggested, we believe that poor people cannot organise themselves, but because we believe in investing in those communities to achieve better outcomes rather than ripping away support for citizens advice bureaux, youth services and all the other developments that are taking place. I took a delegation of organisations from Stoke-on-Trent, including Chepstow House and the citizens advice bureau, to see the Minister, who kindly listened to us as we pointed out the serious troubles that they will face—that the big society will face—as a result of this Government’s plans.
There are confusions in the Government’s belief in the big society. We are seeing, on the one hand, their ripping away of the capacity building that is necessary, and on the other, as in the case of the NHS and what they tried to do with the Forestry Commission, a neo-liberal belief in the market that has very little to do with an organic state-civil society relationship. The mixed social economy is best, with the virtue of the state and the virtue of civil society building up communities, but also reforming the state and, crucially, reforming markets as well.
Henry Smith
Things have moved on a lot in the food available to coeliacs, and a lot of that is due to the work of individuals in the community. That is certainly the case with the Crawley Gluten Free Group, which has come together to make a positive difference to people’s lives.
I met another disabled access group and spoke to its users, in particular those with learning difficulties. They have been meeting almost every week for more than 10 years to improve their lives by discussing ideas and common issues and problems.
I contend that the big society is out there and is operating. The trouble is that it has been increasingly stifled by big government. To me, the conclusion seems straightforward. The way in which we can encourage greater services and far wider participation is for big government to become a little smaller and to become an enabling government who create the right environment for the voluntary and community sector to flourish. If the voluntary sector and individual carers who care for elderly relatives and disabled children ceased to exist tomorrow, the state would not be able to provide those services. We all know that that is true. It is important that the state is there. I think that the state is well meaning. I do not believe that it is malicious; just that its bureaucratic nature often makes it inefficient. It therefore often stifles innovation unintentionally.
Margaret Thatcher has been infamously misquoted as saying that there is no such thing as society. I am glad that our current Prime Minister has said that there is such a thing as society, but that it is not the same thing as the state.
Henry Smith
What Margaret Thatcher said has been quoted out of context. I am pleased to say that our current Prime Minister very much believes in society. I repeat that it is not the same thing as the state. It is important that we make that distinction.
Jesse Norman (Hereford and South Herefordshire) (Con)
I am fortunate indeed to live in Herefordshire, which is the very model of the big society in action. I congratulate colleagues on both sides of the House on sponsoring this important debate. I agree with the insight of the hon. Member for Darlington (Mrs Chapman) that we are all motivated by a sense of public duty, and it is on that ethos of public duty that the big society seeks to draw.
I remind the House of something that is easy to forget. The big society is the most important idea in British politics for a generation. It is not like the so-called third way, as was acknowledged by the hon. Member for Newport West (Paul Flynn). The third way was a piece of triangulation designed to allow Mr Blair to have his political cake and eat it. This, however, is a fundamental rethinking that tries to lay the groundwork for our social and economic renewal as a nation. As such, its natural span is not over days and weeks, but years and perhaps even decades.
The Labour party helped to dig the huge hole of indebtedness that this country now finds itself in. It is a great shame that it is now trying to use the present economic crisis to take cheap political shots at the idea of the big society itself. This is an idea which it should support, not disparage—many Labour Members have already shown that, in some cases, it supports the idea.
At its deepest, the big society seeks to correct some glaring flaws in our most basic political assumptions. Ever since Hobbes 350 years ago, we have been taught to think of politics in terms of just the state and the individual; to see individuals as basically self-interested and financially driven; and to ignore the independent institutions that populate our lives and give them point and purpose. Those assumptions have been the basic drivers of Government policy for the 20th century.
The big society rejects those dogmas. Its focus is precisely on what they leave out: first, the value of free institutions, from the family to the school to the village pub, the city and the nation state; and secondly, a generous conception of human beings as social animals seeking to express their capabilities and to trust and to link with others. That is why volunteering, for all its value, is just one part of a far bigger picture.
Tristram Hunt
Does the hon. Gentleman have any sense that he is slightly over-selling this particular project? He talks about Hobbes casting a shadow for 300 years, but the trade union movement, associationalism and mutualism—all those elements of human capacity—have been a part of the Labour tradition for the past 200 years.
Jesse Norman
I think that those elements have been in British society for 200 years, but they have been very far from the ethos of the Labour party, as I will shortly demonstrate.
The big society is not itself either a left or right-wing idea. For one thing, it contains a deep critique of the market fundamentalism of the past three decades, and the past decade in particular—the idea that free markets by themselves are the solution to all of life’s ills. But, crucially, it also repudiates, as William Morris himself would have repudiated, the state-first Fabianism of the modern Labour party.
I am not an enormously ideological person, as the House will know, but I will waive my scruples in this particular case. In 1900, the political left was a teeming mass of different political traditions, encompassing guild socialism, religious non-conformism, civil dissent and suffragism, many shades of Marxism and communism, and mutuals, co-operatives and unions. There was no reason why that astonishing plurality had to yield a political party which for over 60 years has emphasised centralised state provision of public services above all else. On this point, I agree with the fragrant hon. Member for Stoke-on-Trent Central (Tristram Hunt). [Hon. Members: “Fragrant?”] I use the word advisedly. That happenstance was the result of an intellectual takeover of the Labour party by Fabianism—the doctrine that intellectuals can make over society according to scientific principles using the spending and legislative powers of the state. Labour’s Fabian leadership—let us not forget that every Labour Prime Minister has been a Fabian—quickly made common cause with the unions, and that trend has worsened.
Under its present leader, Labour is even more in thrall to the unions than it was then, with £9 out of every £10 coming from union support, which effectively sets a massive dilemma for the Opposition. On the one hand, their leader can stay within the Labour comfort zone, and remain the darling of the unions and of the left of his party, trying to use the economic recession to political effect like the shadow Chancellor.
Tristram Hunt
I apologise for my colleagues. During his wonderful speech, is the hon. Gentleman at some point going to tease out his pre-history in Barclays bank and the role of market fundamentalism in driving us to the crisis and hence the cuts and hence the veneer of the big society.
Jesse Norman
That point is ad hominem, but I am delighted to do so. I went to Barclays having run a charity in eastern Europe during the communist period giving away educational materials and medical textbooks to hospitals. I joined Barclays to work in eastern Europe, and I did so.
As I have said, the Labour leader can try to use the economic effect like the shadow Chancellor, who has attempted to rewrite the history of the deficit and his own role in it. The trouble, as we know, is that that is not a credible position, and the public know it. Alternatively, the Labour leader can reach out and seek to build a political coalition, as Blair did before him. He will know that a purely sectional appeal has cost the left roughly seven years in government since Labour became the official Opposition in 1922, but that more ambitious approach carries its own risks: it requires a more nuanced approach to the economy; it requires him to face down the unions, as Blair did over clause 4; and it requires Labour to rediscover its older, non-Fabian traditions—the traditions of Morris, Robert Owen and many of the people who have been mentioned today—and make them live again in its policies.
Which alternative is it to be? The truth is that the Leader of the Opposition is a little confused. In November, he said that Labour must reclaim the “big society” concept, and he made that the task of a major policy review. Just this month, however, he said that the idea is doomed, so we must ask whether he will recall his policy folk as a result. Must his squadrons of wonks return to barracks? What is his policy review to do, if the big society is, as he suggests, both doomed and a concept that Labour must reclaim.
In fact, the Leader of the Opposition was closest to the truth in his speech to the Labour party conference last year, when, under the influence of Lord Glasman and perhaps the hon. Member for Dagenham and Rainham (Jon Cruddas), he said:
“I believe profoundly that government must play its part in creating the good society. But our new generation also knows that government can itself become just such a vested interest. That unless reformed, unless accountable, unless responsive, government can impede the good society.”
His union backers may wish to look again at those words. Accountable, responsive government—government which is not a vested interest or an impediment to society. I congratulate the Labour leader on those remarks, which were spoken like a true Conservative.
Parliamentary Voting System and Constituencies Bill
Tristram Hunt Excerpts(13 years, 5 months ago)
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Mr Harper
On the right hon. Gentleman’s first point, which is that public hearings are different from the old discredited system of local inquiries, he is spot on. They are designed to be different, because the academic evidence is very clear: the old system of public inquiries did not lead to an improvement in the boundaries.
Mr Harper
I am happy to take interventions, but let me at least answer the right hon. Gentleman first. Then, of course, I will take the hon. Gentleman’s point.
On the right hon. Gentleman’s point about Wales, he is quite right that Wales’s share of the House of Commons will fall from 6% to 5%, but we debated the issue in this House, the other place debated the representation of Wales, and both Houses decided that the current over-representation of Wales is not acceptable. All parts of the United Kingdom should be treated equally—
Tristram Hunt
In evidence to the Political and Constitutional Affairs Committee, we heard last week from Professor Ron Johnston, who listed examples of case after case where public inquiries and the voices of local people had changed the results of Boundary Commission studies. The hon. Member for Epping Forest (Mrs Laing) will back that up. There is no argument that the system is somehow discredited; it is a proper voice by which people can have their say.
Paul Murphy
I do not understand why the Government and the Minister are being so rigid and fundamentalist on this issue. The Minister has already accepted the principle that there can be 5% leeway in the size of the electorate and that that flexibility is the result of local ties and circumstances. Many of us wanted a flexibility of 10%, but the Government wanted 5%. After weeks of debate in the House of Lords and in this Chamber, he is for some reason sticking to the rigidity of 5%, despite knowing full well that the 7.5% flexibility would not result in the problems that he has suggested. Of course it would not, because the principles are exactly the same.
The Minister represents a constituency that has distinctive circumstances as a result of its locality—the former coal-mining area of Forest of Dean. If it was turned into Gloucestershire parliamentary district No. 3, does he think that that is how his constituents would want to be represented in the House of Commons? Of course they would not. They would want to ensure that they have someone who understands their locality and all the special reasons that make it so important. I have already named two examples from Wales, as we have a number of Welsh-speaking constituencies that, generally speaking, have Welsh-speaking MPs to represent their linguistic interests in the House. With the 25% reduction in MPs for Wales, that is no longer likely to be the case.
Tristram Hunt
Does that not point to a lack of understanding about the nature of the Union? Those balances and inequalities are represented in this Chamber, because that is the price of holding together the Union, and the Government’s utilitarian approach does no favours to the United Kingdom.
Paul Murphy
My hon. Friend is absolutely right, in the sense that the unity of our kingdom is based on the recognition of the differences within it. Those differences can be reflected linguistically, culturally, socially and in other ways. The rigidity with which the Government have embarked on this course puts that Union in danger.
Mr Harper
If the hon. Gentleman will let me finish my argument, which does not have very much—[Interruption.] No, I am just saying that I have not got to that bit yet. If he will let me, I will get to it.
The amendments that we have proposed in lieu of Lord Fowler’s amendments would resolve the problems that I have mentioned. The Boundary Commission would be required to create two constituencies wholly on the island. They would obviously be outside the range of 5% either side of the quota—otherwise we would not be having this debate in the first place—but each would be closer to the quota than a single island constituency would be. That would ensure that electors’ votes were closer in weight to those cast elsewhere in the UK, which we believe is important.
Our amendments also make consequential adjustments to the formula used to apportion seats to the constituent parts of the UK and to calculate the UK electoral quota, so as to be consistent with the approach taken to the other exceptions in the Bill. To pick up on a point made by my hon. Friend the Member for Epping Forest (Mrs Laing), who is not in her place, they will therefore provide the Boundary Commission for England with a clearer task than under the amendment made in the other place.
Tristram Hunt
What is the difference in actual votes between the 76,000 quota and Isle of Wight constituencies of 110,000 or 55,000 people? Would 3,500 votes mean another whole constituency in the House, when the number is going from 650 to 600?
Mr Harper
I am sadly not able to do the maths at the Dispatch Box, but we have examined the matter, and what I have just said is borne out. I will do the maths when I sit down, or maybe inspiration will strike me, but two seats would be closer to the quota than one. That is the basis for our decision, which is very clear [Interruption.] The debate in the House of Lords supporting the amendment of the—[Interruption.]
Mr Turner
That is correct, but I would not use the word “international”.
Although opinion was divided on whether the ideal solution was for one or two MPs, we were united at the outset in the view that what was simply unacceptable was the notion of one and a half MPs, with one part of the island placed in an unholy alliance with a part of the mainland.
Eventually we all agreed that even if the island were to remain under-represented, that was a price worth paying. We got support from many places. Among many others, printing was done free of charge by Crossprint; Marc Morgan-Huws of the bus company Southern Vectis donated the use of the One Wight bus, which thousands of people signed, and Paul Bertie of World Leisure printed T-shirts for the campaigners. I would like to thank them all, as well as those whom I do not have time to mention. Everyone involved played a significant part.
My amendment was not debated in this Chamber and there was no vote, but I want to place on record my gratitude to the hon. Members from all parties who pledged their support for it. I like to think that we would have won if the opinion of the House had been tested. None the less, the Bill went to the other place unamended, and the island’s cause was taken up by Lord Fowler, who is a long-term resident of Seaview, on the island. His skilful management in the other place led to a significant victory and a majority of 74 in favour of keeping the Isle of Wight separate. He found support from all parties, as I did, for the island’s cause, in addition to considerable support from Cross Benchers.
I thank all the noble Lords and Ladies who supported the amendment, and I pay tribute to Lord Fowler. His many years of experience in this House and the other place stood him in good stead in fighting the island’s cause. The whole island owes him a debt of gratitude. I hope that Seaview residents, after short congratulations and celebrations, will permit him to return to a once-again peaceful island.
The fact that islanders were prepared to be under-represented added to the strength of our argument, but the Government were scrupulously fair, and once they accepted the case that we should be separate, they offered us, like the Scottish islanders, over-representation, which I welcomed.
Tristram Hunt
In a perfect world, would the hon. Gentleman be in favour of a single Member or two Members for the Isle of Wight?
Mr Turner
I am in favour of whatever is voted for by the island.
I admit that I felt a twinge of sadness at the thought that I would be the last MP for the Isle of Wight, but the right decision has been made for the island and I support it unequivocally. I thank my hon. Friend the Minister for listening to the arguments and for making the right choice, albeit rather late in the day.
This is a victory for the island and the islanders. Everyone who supported us can be proud of the part that they played. I look forward to joining hon. Members of all parties in the Aye Lobby.
Fixed-term Parliaments Bill
Tristram Hunt Excerpts(13 years, 6 months ago)
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Mr Cash
The hon. Gentleman corrects me by saying that it is proper scrutiny.
The Committee stated:
“Whilst acknowledging the case made by the Deputy Prime Minister for a five year term”—
it is so nice when the authors of such reports use expressions like “whilst acknowledging the case” and “with respect to”—[Interruption.] My hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) knows what is in my mind. The Committee continued:
“nonetheless the majority of the Committee consider that a four year term should be adopted for any fixed-term Parliamentary arrangement at Westminster. In the view of the majority, the shift from a five year maximum to a five year norm would be inconsistent with the Government’s stated aim of making the legislature more accountable, inconsistent with existing constitutional practice and inconsistent with the practice of the devolved institutions and the clear majority of international legislatures.”
That is quite a condemnation.
Tristram Hunt
I am grateful that we have been allowed to discuss the Bill. Today’s debate has been awash with the abuse of peers at the other end of the Palace who have simply being doing their job of scrutinising Government legislation. We should not omit the vital role of the newly ennobled Lord Fellowes in that act of scrutiny, whose contribution was, we are told, to give an hour-long talk in an upstairs room entitled “A life on stage and screen”. Such are the indignities of packing the second Chamber.
I wish to focus on the length of the fixed-term Parliament. We have seen, in the actions of the Government in relation to the Parliamentary Voting System and Constituencies Bill, that what drives them is not the good of the nation but the good of the coalition—or the Tory-led Government, as we like to call them. They are always at pains to ensure that the yin and yang of the coalition are in perfect harmony, so, rather than giving people the chance to put away the notion of the alternative vote on 5 May, they are demanding to keep the two parts of the Bill together to keep the coalition happy. And so it is with this Bill. It proposes a Parliament of five years, not four years, because that is what the coalition, not the nation, needs.
Professor Robert Blackburn, of King’s college, London, put it well when he said:
“It is likely that the Coalition’s concern with concretising its political alliance and having the longest period possible in which to implement its tax increases and cuts in public expenditure and then recover sufficient popularity in time for its next meeting with the electorate, has affected its judgement in this matter. In my view, the period between general elections should clearly be four years”.
Sir Alan Beith
I do not understand the hon. Gentleman’s argument. If the coalition’s motive had simply been to postpone an election for five years in order to have more time to sort the country out, that could have been achieved by prime ministerial decision. What the Bill does is to ensure that the next Government, and the one after that and the one after that, will be subject to these provisions. Perhaps, some day, the hon. Gentleman’s party will recover enough to form such a Government.
Tristram Hunt
Coalition Members really do not understand the difference between the norm and the maximum. We have had this problem with them over many weeks now. The issue is whether we want to move from the norm to the maximum. Across the academic and political communities, we can see—if we look at the work of Robert Hazell, for example—that four years are preferred to five. The view of the Political and Constitutional Reform Committee—on which I am happy to serve with the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart)—was that most opinion suggests that it would be better for general elections to be held every four years, rather than every five.
Simon Hart
The hon. Gentleman is suggesting that fixing the term at five years automatically favours the Government of the day, whereas it can of course have the opposite effect. Does he agree with me, as did some of the witnesses who appeared before our Committee, that by tying themselves into a five-year fixed term, the Government might find that the election coincides with a rather dismal period in the opinion polls, giving great advantage to the Opposition? I thought that that evidence was given to the Select Committee—
Mr Speaker
Order. We are grateful to the hon. Gentleman, but his intervention is getting rather long.
Tristram Hunt
I take the hon. Gentleman’s point, but the benefits of a fixed-term schedule outweigh those potential risks. I regard four years as within the rhythm of this country, as it is within the rhythm of other European as well as Westminster-style democracies— Canada, Denmark, the American presidential term, Germany, Sweden. The change to five years is for the good of the coalition, not the nation.
The Deputy Prime Minister referred to and quoted the Chartists again in today’s Question Time, but the Chartists believed in annual Parliaments, not in extending the term to five years. As we have heard, the Liberal Democrats used to believe in four-year terms—before the allure of office moved them to change their minds. May I suggest that the coalition listen to a real coalition leader, the late Herbert Asquith? On introducing his own cut to the parliamentary term, he spoke of securing a House of Commons that is
“always either fresh from the polls which it gave it authority, or—and this is an equally effective check upon acting in defiance of the popular will—it is looking forward to the polls at which it will have to render an account of its stewardship.”—[Official Report, 21 February 1911; Vol. XXI, c. 1749.]
That seems to be the perfect combination. I will move on quickly, as others wish to speak.
I do not feel that the Government have dealt with the problem of exclusive cognisance very effectively, so it still poses the danger of judicial interference. This Bill fits all too neatly into the Government’s overarching constitutional reform strategy: coalition first, country second. Whether it be packing the House of Lords, increasing the number of Ministers by 10%, undermining the Union by slashing 25% of constituencies in Wales, or overriding historic or geographic settlements in new parliamentary boundaries, it is Clegg and Cameron first, country second. That is the abiding weakness of coalition Government. The tragedy is that if this Bill is passed, we will have five years of it.
Fixed-term Parliaments Bill
Tristram Hunt Excerpts(13 years, 7 months ago)
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Mr Jenkin
I stand corrected—again. I fear that that may occur rather often during my presentation. The case relating to the Hunting Act 2004 was certainly an attempt to impede the free functioning of Parliament in its judicial function. In addition, an attempt was made to judicially review the lack of a referendum on what was then the Lisbon treaty. There are other examples of that tension, not least over the arrest of my hon. Friend the Member for Ashford (Damian Green), and I believe that only today, in connection with another matter, are the limits of the courts being resolved.
The present situation begs for something that many have recommended for some time: that this Parliament should have a privilege Act to delineate clearly the immunities of Parliament in relation to the functioning of the courts, but we are in an even more tense situation because we are arranging our constitution in other areas that question the very sovereignty of the House. We now have a Supreme Court and it is widely known that many jurists who serve at various levels of the judiciary take differing views of the notions of parliamentary sovereignty and parliamentary privilege. There was recently a case concerning the possible effective expulsion of an hon. Member as a result of a judicial decision. I do not comment on its merits as it is still sub judice. I merely advert to the fact that it represents another testing of the boundaries between the courts and Parliament.
We are told not to worry—the Bill’s provisions are immune from the courts, and nobody is going to interfere in what we decide is a Speaker’s certificate, certificating a vote of no confidence that satisfies the majority. When we are blandly and bluntly told that by the Government and at the same time told by the Clerk of the House who has bravely and independently—in his constitutional capacity as an independent guardian of our constitutional arrangements—issued a memorandum, to which I shall refer later, that flatly contradicts the Government’s view, we are obliged to take the matter very seriously.
I cannot think of a precedent, other than the Parliamentary Standards Bill, where a Government flatly refused to accept the advice of the Clerk of the House on a question of the potential justiciability of legislation before the House. The Bill before us is a major change to the constitutional settlement of this country, and it is backed by people in the Government who we know favour a written constitution—an entirely different constitutional settlement. That raises the question whether the Government have got it right when they say that the Clerk’s fears are to be disregarded.
With the indulgence of the Committee, I shall quote rather extensively from the memorandum submitted by the Clerk as written evidence to the Political and Constitutional Reform Committee. He states that the Bill is
“to make statutory provision for matters which fall within Parliament’s exclusive cognizance and which may affect the established privileges of the House of Commons as well as upsetting the essential comity which has been established over a long period between Parliament and the Courts.”
Erskine May makes it clear that “cognizance” refers to the right of both Houses
“to be the sole judge of their own proceedings, and to settle—or depart from—their own codes of procedure.”
The Clerk is clear in a bald statement in paragraph 12 of his memorandum:
“The Bill brings the internal proceedings of the House into the ambit of the Courts, albeit indirectly by the route of Speaker’s certificates.”
He goes on to explain how that occurs under clause 2(2), which we have already debated. In paragraph 16 he states:
“The provisions of this subsection make the Speaker’s consideration of confidence motions and the House’s practices justiciable questions for determination by the ordinary courts.”
That should be obvious. We know that Crown prerogative, as exercised by the Prime Minister, is subject to judicial review. We know that statute is subject to judicial review. We know that proceedings in the House and Standing Orders have not hitherto been subject to judicial review or judicial question. The Bill provides a connection between what happens in the House and in the rest of the world. We are providing a bridge of law that brings the courts into the House.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Does the hon. Gentleman think, therefore, that the amendment goes far enough? The solution, as the Clerk of the House sees it, is for the Speaker’s certificate to be provided for not in statute but under a Standing Order, which would prevent the courts from interfering in the proceedings of the House.
Mr Jenkin
The hon. Gentleman makes an extremely important point, to which I shall return. The entire Bill could be dealt with through Standing Orders. The only reason we have a Bill is either that a Bill is favoured by those who want to move towards a written constitution—I do not remember that being in anybody’s manifesto—
Jesse Norman
I do not wish to comment on the procedure or intention of the European Courts, but I note merely that it is true historically that their scrutiny has extended itself over time. It is noted less than it should be that European judges have expressed concern about the exercise of parliamentary privilege and about the lack of remedies that people possess against its exercise.
The final reason why the Government should look again at the amendment is that the consequences of a mistake could be momentous. In the short term, a dissolution of Parliament and thereby an election could hang on it. In the longer term, there could be wider political and constitutional implications of judicial scrutiny of our power.
The amendment is simply worded, it offers an additional layer of protection for Parliament against a serious threat, and it does so at little or no additional cost. I urge the Minister to give it serious consideration.
Tristram Hunt
I, too, shall speak to amendment 6, which would take us some way in the direction in which we should be heading to protect this place from the actions of the courts.
Every day, as the hon. Member for Harwich and North Essex (Mr Jenkin) said, we see growing evidence of interference by and elements of activism in the courts. We now have the Supreme Court in Parliament square, and large buildings tend to have large consequences. The emeritus professor of public administration at University college London, Professor Gavin Drewry, has recorded a major shift towards cases of public law, with some high-profile cases having a constitutional air:
“The establishment of the Supreme Court is an important constitutional landmark, and it would be surprising if the Court itself were to stand completely aside from the ongoing process of constitutional development.”
There is a strong sense of certainty that the Supreme Court will be involved.
It is apposite to be discussing this Bill after this morning’s judgment in the case of three former Members of this House, Morley, Chaytor and Devine, and also a peer, against their claim of parliamentary privilege. In his summation, Lord Phillips noted that
“extensive inroads have been made into areas that previously fell within the exclusive cognisance of Parliament.”
His statement should be of major concern to parliamentarians when considering the Bill, and in particular to Ministers, who I hope have read and digested the judgment and are coming to sensible conclusions about it.
If I may, I shall quote Lord Phillips at greater length:
“Where a statute does not specifically address matters that are subject to privilege, it is in theory necessary as a matter of statutory interpretation to decide a number of overlapping questions. Does the statute apply within the precincts of the Palace of Westminster? If it does, does it apply in areas that were previously within the exclusive cognisance of Parliament? If so, does the statute override the privilege imposed by article 9? In practice there are not many examples of these questions being considered, either within Parliament or by the courts. If Parliament accepts that a statute applies within an area that previously fell within its exclusive cognisance, then Parliament will, in effect, have waived any claim to privilege.”
Those are damaging and dangerous comments, which have wide repercussions.
Lord Phillips argues that the ultimate judgment of such matters rests with the courts. He quotes approvingly a letter written on 4 March 2010 by the Clerk of the Parliaments to the solicitor acting for Lord Hanningfield which had been approved by the Committee for Privileges:
“Article 9 limits the application of parliamentary privilege to ‘proceedings in Parliament.’ The decision as to what constitutes a ‘proceeding in Parliament’, and therefore what is or is not admissible as evidence, is ultimately a matter for the court, not the House.”
We should consider that evidence and the actions of a growing number of judges in considering the Bill.
Tristram Hunt
I agree with the hon. Gentleman and with the fundamental basis of his analysis, which is that the constitutional reform programme is driven by the immediate necessities of the Government in the context of this Parliament. We are making major decisions that will have wide ramifications in the functioning of the constitution of the United Kingdom, based on a political programme and timetable. That is never the best way in which to develop deep consensus thinking about the constitution.
I would finally raise a point that the Clerk of the House has also raised. As he put it in a note to the Committee in the other place,
“given that a draft Parliamentary Privileges Bill has now been announced, why deal in advance and separately with a matter affecting the proceedings of the House of Commons in legislation”,
if it is not for the specific political purposes of the current Government?
Mr Shepherd
I am more and more puzzled about the Bill as we go on, but there are two propositions in this group of amendments. I support amendment 6, in the name of my hon. Friend the Member for Stone (Mr Cash), and I am grateful for the important contribution of my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman). Indeed, I was elated at the time of the election to hear that Jesse Norman had been elected to the House. I spent six months seeking out that fantastic opera singer—I got the wrong individual, as you will appreciate, Ms Primarolo, and I am very grateful to have encountered my hon. Friend on the Floor of the Committee.
Mr Harper
I will not dwell on this issue at length, Mr Evans, because if I did so you would rule me out of order, but the coalition agreement does not say that. It says that we want to make the upper House more representative of the result in the general election, not exactly in line with it. The hon. Gentleman simply is not right.
The hon. Member for Stoke-on-Trent Central (Tristram Hunt) quoted from a judgment. I will not be drawn into the specifics of the Chaytor case—although the Supreme Court has given its judgment, there are ongoing criminal trials—but the flaw in the hon. Gentleman’s argument lies in the fact that the case concerns the administration of the expenses scheme. The House of Commons has never asserted exclusive cognisance of the expenses scheme. It has never said that the scheme, its administration and the matters that flow from it are parliamentary proceedings, which is why that is not a good example. Moreover, the Supreme Court’s judgment recognises the exclusive right of each House of Parliament to manage its own affairs without interference from the other, or from outside Parliament.
My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) quoted the views of the Clerk of the House. If the Government were alone in their view and the Clerk’s views were shared by everyone else, my hon. Friend would have a stronger case. The Political and Constitutional Reform Committee and the Lords Constitution Committee have taken a great deal of evidence, and the weight of independent expert evidence has supported the Government’s view. For example, Professor Robert Blackburn of King’s college London said—and I think that this is in line with the comments of my hon. and learned Friend the Member for Torridge and West Devon—
“In my view, the government's Fixed-Term Parliaments Bill has been technically well-drafted by the Cabinet Office’s parliamentary counsel, particularly in avoiding judicial review of its provisions on early elections by way of Speaker’s certificates”.
The hon. Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Committee, said:
“In the very limited time that we had to look at this matter, the Clerk was the only person to raise this question, and the academics who have been referred to—Professor Hazell, Professor Blackburn and others—completely disagreed with the view put forward by the Clerk.”—[Official Report, 13 September 2010; Vol. 515, c. 632-3.]
Tristram Hunt
The point was that we did not have enough time to hear other voices that might have agreed with the Clerk of the House, owing to our having to rush our consideration of the Bill and to the speed with which the Government are pushing it through.
Mr Harper
That was also the experience of the Lords Constitution Committee—and, in fact, we have not been rushing the consideration of this Bill. We published it in July, Second Reading was in September, and this is the third day of the Committee stage, in December. We are hardly rushing forward at an enormously swift pace. Months have elapsed. I feel sure that if hundreds of constitutional lawyers and academics agreed with the Clerk and disagreed with the Government, we would have heard from them.
Fixed-term Parliaments Bill
Tristram Hunt Excerpts(13 years, 8 months ago)
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Mr Straw
I am in favour of a fixed-term Parliament, although I would have wished it to be four years. So, too, did the Liberal Democrats wish it to be four years. Indeed, they spelled that out in a document dated 10 May 2010 headed “Recovery and Renewal”, which contained their proposals in the coalition talks for what became the coalition agreement. I am indebted not to the department of open government in the Liberal Democrat headquarters for providing wider sight of this, because whatever they think about the Freedom of Information Act 2000, they certainly do not apply it to themselves, but to the New Statesman and its website. For greater accuracy, however, I have a copy here. It says:
“Immediate legislation to…set the date of the next election for June 2014, and establish”—
Mr Straw
I will repeat that because I know that my hon. Friend must have misheard it:
“Immediate legislation to…set the date of the next election for June 2014, and establish the principle of four-year fixed term Parliaments in future.”
[Interruption.] The Deputy Leader of the House is mumbling from a sedentary position. If he thinks that I have misread that, I am extremely happy to be corrected. However, it ill behoves the Liberal Democrats—I am sorry, I almost said the Conservatives: that was a Freudian slip—and, particularly, the Deputy Prime Minister to suggest that a five-year term is a matter of principle, as opposed to a four-year term, when they proposed a four-year term and agreed to a five-year term only as a result of some rather scrubby back-stairs deal.
Mr Cash
The Chamber is very empty, considering the significance of what is being done by clause 2. In a way, that reflects the decline of this Parliament, which some of us believe strongly needs to be rejuvenated, not on the basis of protestations of power being returned to the House, as we read in our manifesto, but in the reality of how legislation is introduced.
The clause is the turn of the screw by the coalition into our democratic system of government, which, at its essence, is about the individuality and votes of conscience of MPs, irrespective of the Whips and the patronage system. It creates a permanent constitutional change through a passive, silent revolution—the most silent revolution since our Parliament began. It is being done without a mandate of any kind for any party, in any manifesto, in any part of the political system.
Tristram Hunt
Is the hon. Gentleman as shocked as I am by the new constitutional principle that we are hearing from the Secretary of State for Business, Innovation and Skills—that the manifestos upon which individual Members of Parliament were elected no longer mean anything, because the coalition agreement somehow supersedes everything that they were elected to stand for?
The First Deputy Chairman
Order. That is not part of the amendments before us, so Mr Cash, could you restrict yourself to the amendments, please?
Mr Chope
Absolutely, Mr Hoyle. I am sorry, but the right hon. Member for Blackburn, who is a former Home Secretary and holder of many other important national offices, drew me down that road of speculation.
To sum up, the Government have a motive to cover either outcome of the AV referendum. It suits both parties in the coalition to prevent an early general election, which is why they want a fixed-term Parliament—they want to assure themselves of a longer period in office. I say only this: good luck to them, but they should not expect me to vote for the Bill tonight.
Tristram Hunt
I wish to speak to amendments 33 and 34. Even though I, too, am a member of the Political and Constitutional Reform Committee, I did not put my name to them. As the hon. Member for Epping Forest (Mrs Laing) suggested, they allow us to pursue the idea of exclusive cognisance, and of this place having control of its powers rather than being opened up to external powers, particularly the possibility of the courts intervening in the parliamentary process.
As my hon. Friend the Member for Rhondda (Chris Bryant) said, the Clerk of the House has repeatedly warned Members that the provisions of the Bill
“impinge upon Parliamentary privilege and…may bring the Courts and Parliament into conflict”,
and yet the Government seem unwilling to heed any such advice. When the Clerk of House appeared before the Political and Constitutional Reform Committee, with his usual subtlety and modesty, and we tried to press him on whether he had been consulted on the developments behind the Bill, he rather averred in his answer. The Government consider that
“this Bill would cause no such rebalancing and that the Bill will not in any way open up parliamentary proceedings to the jurisdiction of the courts.”
That is an idea that the amendments are beginning to tease out. In their reply to our Committee, the Government also said that insufficient time for pre-legislative scrutiny is a
“natural consequence of legislating at the beginning of the first term”.
I am a new Member in this place, but I do not regard that as a sufficient excuse for some of the lacunae that we have seen opening up in the course of our scrutiny of this legislation.
Ian Lucas (Wrexham) (Lab)
My hon. Friend is making an extremely important and persuasive case. Is not all the evidence that judicial review of administrative action is increasing? For example, very recently, the Digital Economy Act 2010 was opened up by the courts for judicial review. It is less controversial than this, but it inevitably suggests that there will be more review in future.
Tristram Hunt
My hon. Friend is right, and I shall come in a moment to the Hunting Act 2004, which is another piece of legislation that was open to judicial review. In the courts at the moment, there is the extraordinary situation of an election court judging my—I not sure of the correct parliamentary terminology—previous hon. Friend the Member for Oldham—
The Chairman
Order. We will not stray down that path, as the matter is before the courts. We must return to the amendment.
Tristram Hunt
Thank you, Mr Hoyle. That proves my point—the areas where we cannot go because they are before judges are increasing.
In his written statement, the Minister simply cites article 9 of the Bill of Rights 1689, and leaves it at that. It provides that
“proceedings in Parliament ought not to be impeached or questioned in any court”,
and he said he could see
“no reason why the courts would not continue to defer to them”.
The comity between Parliament and the courts has relied on the fact that the internal proceedings were entirely matters for the House’s jurisdiction. Its procedures arising from Standing Orders or resolutions cannot be legally challenged, but statute law can. That is the extraordinary development in the Bill.
Mr Cash
The hon. Gentleman is dealing with amendments to come and amendment 6. I take his point, but there is a huge body of law, and statements are being made by members of the Supreme Court that are causing great concern and are being considered by my European Scrutiny Committee’s inquiry into parliamentary sovereignty in the context of law making in this House.
Tristram Hunt
I could not agree more with the hon. Gentleman, and I will come to the Supreme Court in a moment. I do not want to interfere with his amendments on the Speaker’s certificate, which are absolutely correct. My hon. Friend the Member for Wrexham (Ian Lucas) referred to the Digital Economy Act 2010, and the Hunting Act 2004 was also reviewed in court. Yes, the court ruled that it could not interfere with the Act, but it had to go to the Law Lords for that supposedly self-evident truth to be confirmed. Even there, the judgment was hardly a ringing endorsement of parliamentary sovereignty, which is what amendment 33 seeks to retain.
Mr Shepherd
The process of getting to the courts takes time, and obviates the timetables in the Bill.
Tristram Hunt
The hon. Gentleman is of course correct. There will be extra layers and extra opportunities for lawyers to intervene. It was no wonder that Lord Steyn commented in the light of the Hunting Act 2004 that it
“is not unthinkable that circumstances could arise where the courts may have to qualify a principle established on a different hypothesis of constitutionalism”.
I think that in plain English that means they would be interested to get their teeth into the proceedings in this place.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
Is the hon. Gentleman talking about a legal challenge to the validity of an Act or, as in the example that he has just given, the validity of the use of the Parliament Act in ensuring that an Act reaches the statute book?
Tristram Hunt
The hon. Gentleman makes a very good point, and his knowledge of the Hunting Act is second to none. I am hinting at the adventurism of justices in critiquing and opening up to judicial review not only the Parliament Act but the proceedings of this place. The fear is that putting these measures into statute will open up the calling of elections from this place. That is what amendment 33 seeks to address.
Mr Cash
The hon. Gentleman is relentlessly hunting out the provisions that will be referred to shortly. The problem with the Parliament Act 1911 is that the phrase
“shall not be questioned in any court of law”
follows the words stating that the certificate
“shall be conclusive for all purposes”.
When the courts come to interpret these questions, they will say, “ Well, that’s what it says in the Parliament Act.” So if the words were left out, there may have been an intention to include the courts of law in this instance. That is why my amendment 6 makes it absolutely clear that there shall be no presentation of such a certificate to the courts, let alone any possibility of their adjudicating on such matters.
The Chairman
Order. We are in danger of straying into amendment 6, and I would like hon. Members to come back. I am sure that that is what the hon. Member for Stoke-on-Trent Central (Tristram Hunt) was about to do.
Tristram Hunt
I was about to come straight back to amendment 33; I will not be led too far astray.
Reference has been made to the new Supreme Court on the other side of Parliament square, which gives the capacity for amendments relating to the self-governing of this place, such as amendment 33, to be overturned by the actions of judges. The Clerk of the House has further warned us of the not infrequent need in recent years for interventions by the Speaker of the House of Commons to protect parliamentary privilege in the courts. As the hon. Member for Stone knows far better than we do, these matters can go from here across Parliament square and even to Europe.
All we want from the Minister is some clarity on this issue, and evidence of some slightly more rigorous thinking than the rushed elements that we have had so far. Rather than being slightly dismissive of the fears expressed by the Clerk of the House, will he provide us with some certainty and a clear answer to the question on statutory instruments and the certificate?
Fixed-term Parliaments Bill
Tristram Hunt Excerpts(13 years, 8 months ago)
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Jonathan Edwards
I wish to speak also to amendments 12 and 13 in my name and those of my hon. Friend the Member for Na h-Eileanan an Iar (Mr MacNeil), the Leader of the Opposition and his hon. Friends, as well as new clauses 4 and 5. The amendments go to the crux of the Bill—the establishment of a specific period between elections and the date on which we hold the next UK parliamentary elections.
My party is in favour of fixed-term Parliaments, for many of the reasons outlined on Second Reading. A fixed-term Parliament removes a Prime Minister’s ability to seek the dissolution of Parliament for pure political gain, taking away that significant incumbency advantage—more of which later in my speech. It would end speculation about the timing of the next election and a near-obsession with opinion polls and psephologists about when an election might be called. It provides stability for the political programme, as we have found with the One Wales agreement in Wales, a four-year term, where parties understand what can and cannot be achieved within the required legislative time frame—even in our case where the byzantine workings of legislative competence orders have held up the progress of our law-making, denying us prompt action to solve our problems. By providing a settled timetable, fixed-term Parliaments provide a firm basis for electoral administration, taking away the shock of a snap election and giving a more generous timetable to ensure participation in the voting process.
However, I cannot understand the Government’s reasoning behind the insistence on a five-year legislative term, either in this parliamentary term or in the future. To be perfectly honest, there does not seem to be any reason. The Conservative-Liberal Democrat Government have consistently failed to provide a good reason why the next election should be held in May 2015, not in May 2014. On Second Reading, the Deputy Prime Minister, with bizarre Liberal Democrat logic, presumably taken from a “Focus” leaflet bar graph, claimed that a five-year Parliament would probably amount in practice to a legislative working term of four years. As many hon. Members will already know, the five-year maximum term was implemented in 1911, but even that was introduced with the expectation that the working parliamentary period would probably be four years—a period in which, as Lord Asquith said at the time, a Government had either the political mandate from the previous election or the unwillingness to commit to unpopular decisions ahead of the next election.
Four years—the length of time between elections for the National Assembly for Wales, the Scottish Parliament, the Northern Ireland Assembly, the London Assembly, the London mayoral elections and local authority, community and even parish council elections in all four parts of the UK—is quite clearly and obviously the norm for the electoral cycle in the nation states.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Is the hon. Gentleman aware that, internationally, the four-year term is pretty much the norm, particularly in Westminster Parliaments? Is he further aware of the academic opinion from Robert Hazell at University College London’s constitution unit to Professor Blackburn, who consistently say that five years is too long and smells like a political fix?
Jonathan Edwards
The hon. Gentleman makes an interesting point. For every legislature where the Executive is decided from the legislature, the average is four years rather than five.
The only elections that break that cycle in the UK are the European elections. The elections held and the terms that we expect are the same for elections at all levels, so why are the UK Government seeking to introduce a term that is different from all meaningful precedents?
Mr Shepherd
There is a simple amendment which the hon. Gentleman did not table, and which was not discussed in the lengthy and closely read speech of the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards). That amendment would state that the general election must take place on, let us say, the first Thursday in October. That would meet the point for which the hon. Gentleman argued at such great length—that he should not have to deal with the coincidence of elections on the same day. He did not table that simple amendment, however, and as it is not on the amendment paper I cannot speak to it.
I find Professor Blackburn a most interesting speaker on the constitution. In the evidence he gave in a memorandum on electoral law and administration, he makes the following point:
“In the UK, there can be little doubt that the period between general elections should be four years.”
That is what we are debating now, and it is arguable. He continues:
“The proposal for fixed term Parliament as a whole should fit as closely as possible into existing constitutional expectations, and the idea that four years is about the right length of time between elections is very prevalent. It was the period expressly approved of as being normal in practice, when the Parliament Act set the period of five years as a maximum.”
That is a reference back to Asquith. Professor Blackburn goes on to say:
“In an ideal democracy it may be that there should be elections as frequently as possible—even annually as supported by the Chartists in the eighteenth century”.
The hon. Member for Great Grimsby (Austin Mitchell), who is present, has tabled an amendment proposing a period of three years, and we could refer back to the Chartists, so it is clear that these arguments were not unfamiliar at different times in the history of this country. There was an argument that we should have annual elections; that was a powerful movement in the early 19th century. It was thought that Parliaments and Governments must not move too far from the opinion of the public and the electorate.
Tristram Hunt
Professor Blackburn’s speech is particularly interesting, because he goes on to say—[Interruption.] Well, I will let the hon. Gentleman read it out then, because the key point is in the following paragraph.
Mr Shepherd
I have lost my place as a result of the hon. Gentleman’s intervention, so let me recap what Professor Blackburn said:
“It was the period expressly approved of as being normal in practice, when the Parliament Act set the period of five years as a maximum. In an ideal democracy it may be that there should be elections as frequently as possible—even annually as supported by the Chartists in the eighteenth century—but a government must be allowed a sufficient period of time in which to put its programme of public policies into effect before submitting its record of achievement, or otherwise, to the voters. Three full legislative sessions, and certainly four, is sufficient for this purpose.”
I believe that that is correct.
Austin Mitchell
I agree entirely. I am sorry to have interrupted my hon. Friend’s intervention with the answer to the question, but that is right. This is an arrangement by two parties seeking to hang together, to bind themselves to each other and to carry on for five years. There is no system of constitutional thought or political theory—it is sheer, simple opportunism.
Tristram Hunt
I am grateful to my hon. Friend for giving way. The hon. Member for Aldridge-Brownhills (Mr Shepherd) did not give the key quote from Professor Blackburn, who said:
“It is likely that the Coalition’s concern with concretising its political alliance, and having the longest period possible in which to implement its tax increases and cuts in public expenditure and then recover sufficient popularity in time for its next meeting with the electorate, has affected its judgement in this matter.”
Is it not politics that is driving this rather than any grander constitutional vision?
Austin Mitchell
As an ex-academic, I find that the best way of alienating the House is to quote other academics, so may I just say yes to that question and move on?
I was making the point that around the world, the most democratic polities—I gave Australia and New Zealand as the examples—have more frequent and more regular elections. The less democratic polities have longer spaces between elections—witness the French presidential system, where it was seven years, or the old British constitution when it was an oligarchical system with seven-year terms. This is an issue of basic democracy.
The measure is not an attempt to think about the constitution and to reform it along sensible lines; it is a political fix. The Government have just gone for the longest time they think they can possibly get away with. That is it. They want the coalition to be bound together, nailed together and stuck together for five years and they hope that they can do that with this measure. They are entrenching bad practice. Most Governments in this century have gone for shorter terms than sitting out the maximum. As I said earlier, it is only the bad Governments—the failing Governments—who have gone right up to the buffers. Governments who are in a mess cling on because they are deeply unpopular.
Mr Harper
No, I am terribly sorry, but the hon. Gentleman has not been here for the debate, so I am not going to give way to him.
My hon. Friend the Member for Loughborough (Nicky Morgan) drew attention to one of our arguments about the need for long-term thinking. Many commentators, politicians and members of the public would argue that Governments can be too short-term in their planning and decision making. We want to encourage future Parliaments and Governments to take a long-term view rather than look for short-term advantages. As a number of my hon. Friends have argued, a five-year fixed term would provide the country with a strong and stable Government.
I turn to the amendments in this group. The hon. Member for Great Grimsby (Austin Mitchell), who is not in his place, seeks to set the length of Parliaments at three rather than five years. I think perhaps he did himself a disservice when he quoted remarks of his own constituents suggesting that a three-year term was needed so that he might last it, because of his age. I am only repeating what he said; I do not agree with it myself. However, I simply do not agree with his argument. The flaw in it came when he said that the Government parties wanted not a fixed term but a five-year term. However, my right hon. Friend the Prime Minister is perfectly capable, while the Government retain the confidence of the House, of having a five-year term of office. That has always been the constitutional position, and the Bill is not necessary to ensure it.
Tristram Hunt
In some of the speeches that we have heard from the Deputy Prime Minister—I understand that he is giving one to the Hansard Society tonight rather than being in the Chamber to discuss the Bill, which is rather scandalous—there has been much talk about the Chartists and how this great reform is an echo of the 1840s. The Chartists were in favour of yearly elections, so why does the Deputy Prime Minister deny the will of the people by keeping Parliaments at five years?
Mr Harper
The hon. Gentleman is quite right about the point that the Chartists made, but I do not happen to think that annual elections would be a good idea, and from my experience I am not sure that the people of this country would be over-enamoured of us if we said that we would trouble them with a general election every year. I believe that they will be content with our proposal. We do not want to end up with a situation in which the people of the United Kingdom are subject to a permanent election campaign. That is the evidence that the Constitution Committee in the other place has received. My hon. Friend the Member for Peterborough (Mr Jackson) drew attention to the matter when he looked at the US congressional experience in the lower House where, effectively, as soon as Congressmen get elected, they instantly turn their thoughts to their re-election and spend most of their period of office having to raise money for expensive election campaigns.
Mr Harper
Let me just finish this point. The Government could not accept amendment 32 as drafted even if we thought that keeping the clock ticking was the right thing to do. However, we thought about the issue carefully, which we also debated a little on Second Reading. The Government did not think that resetting the clock made sense for this reason. If there were an early election because the Government had lost their majority and gone to the country, and a Government were then returned with a significant majority, it would not be right for that Government, perhaps with a clear mandate, to be unable to put their programme to the country and carry it through. When people go to the polls, they expect that they are electing a Government who will last for a full term, with the ability to carry through a full programme. The Constitution Committee in the other place considered the evidence from other countries, including the Swedish model, and was told that the prospect of leaving the clock ticking actually protected the Government—the Executive—rather than the Parliament.
Mr Harper
Let me make some progress.
Finally, new clauses 4 and 5 would provide that elections to this House and the devolved legislatures could not occur on the same day. The problem with that proposal is that if it were agreed, it would provide that where a devolved legislature’s general election had been moved, the following poll would take place on the first Thursday in May four years later. For example, if one of the devolved legislatures delayed its 2015 elections by one year, elections to that legislature and the House of Commons would coincide again in 2020. New clauses 4 and 5 would mean that those elections would have to be moved again in 2020, so they are actually a back-door method of substituting a five-year term for the devolved legislatures.
I do not know whether that was the intention of the hon. Member for Carmarthen East and Dinefwr, who spoke so powerfully against a five-year term and in favour of a four-year term, but the effect of his new clauses would be to deliver a five-year term through the back door. For that reason I do not think that it would be very sensible to accept them. Also, new clauses 4 and 5 do not make provision for a super-majority, which appears to suggest that a majority Government in a devolved legislature could just play around with the election date to suit themselves, which is the opposite of what we are trying to achieve in this Bill. The Government therefore cannot accept new clauses 4 and 5, and I would ask the hon. Gentleman not to press them to a Division.
In conclusion, I thank all hon. Members who have taken part in this debate, particularly those who were here for the whole debate and those who have tabled or supported amendments to clause 1. The Government are convinced that our Bill as drafted provides the right approach. I would urge hon. Members not to press their amendments to a Division and to support clause 1.
Departmental Business Plans
Tristram Hunt Excerpts(13 years, 8 months ago)
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Mr Letwin
My hon. Friend is completely right, and that is the plan that is set out here. It applies not just to schools, but to hospitals and many of our other public services. The only way in which we can improve such services is to give the professionals the ability to get on with the job without micro-managing them through bureaucracies, and to hold them to account for the actions that they take and the successes that they achieve.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Will the Minister explain how he squares taking power away from Whitehall and putting it in the hands of peoples and communities with the Government’s plan to increase the number of Ministers by 10% relative to the size of the legislature, which is the representative of peoples and communities? Is this not the old Tory centralist state at work?
Mr Letwin
The hon. Gentleman is clearly an apprentice of the hon. Member for West Bromwich East (Mr Watson), because that was the most marvellous manipulation of statistics. We propose to reduce the number of Members of Parliament, but the hon. Member for Stoke-on-Trent Central (Tristram Hunt) describes that as an increase in the proportion of Ministers to the number of Members of Parliament. That is a very strange way of describing the situation. We are keeping the number of Ministers constant in order to ensure that we can impose political will on the machine to get the fundamental reforms that give power out to the people of this country. That goal is far more important than particular numbers of Ministers.
Parliamentary Voting System and Constituencies Bill
Tristram Hunt Excerpts(13 years, 8 months ago)
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Mrs Laing
Yes, I entirely accept the hon. Gentleman’s point. He is totally correct. The fact is that some of us have tried, in all good faith, to improve the Bill, but we have failed to do so. On those matters of principle, we now have a Bill in more or less the state that it was in when it first came to the House. I must not presume what might happen in another place, but let us assume that we will now have to go ahead with a referendum on the same day as the elections in Scotland, Wales and Northern Ireland and some local elections in England. The turnout for the referendum could be derisory, so it would not have much validity. However, I am now sure of one thing, and the hon. Member for Cardiff West (Kevin Brennan) has just reinforced my point. As this argument has gone on in the country and the media over the last few months, it has become clear—and it will become even clearer—that the British people will not be duped into voting for a voting system that is representative neither of a fair first-past-the-post system, nor of the sort of proportional representation seen in some countries, which I do not like, although I agree it has some validity. The system we will be voting on will be neither one nor the other—and I do not believe that the British people with their good sense will vote for it.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Is the hon. Lady—[Interruption.] Wonderful? Yes, she is wonderful, but is she aware that there is no popular mandate for this referendum? It was not in the Liberal Democrat manifesto—the Liberal Democrats wanted to push this through without a popular referendum and to impose this on the British people—and it was not in the Conservative manifesto either. Does the hon. Lady think that the other place might well regard this commitment as having no validity in terms of a democratic mandate?
Mrs Laing
Yes, the hon. Gentleman is absolutely correct: there is no democratic mandate for this referendum—none whatever. If the proportion of votes cast for the Liberal Democrats in the UK as a whole during the general election in May this year were mirrored in the referendum, there would be no problem defeating the yes vote. The referendum would fail and we would be able to continue with our good, historic, solid, decent first-past-the-post system, which has served us so well for centuries.
Mr Alan Reid (Argyll and Bute) (LD)
The Bill is a compromise brought about by the coalition agreement and it contains two different parts: the AV part, which I wholeheartedly support; and the part about reducing the number of MPs and imposing the 5% straitjacket. I am perfectly supportive of reducing the number of MPs, but I have difficulties with the 5% straitjacket.
Tristram Hunt
Will the hon. Gentleman explain the rationale behind the choice of 600 Members, given that the Liberal Democrat manifesto proposed 500 and the Tory manifesto proposed 585? What was the thinking process involved in getting to 600?
Parliamentary Voting System and Constituencies Bill
Tristram Hunt Excerpts(13 years, 9 months ago)
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Geraint Davies
I should certainly like to help the hon. Gentleman on that point. What the amendment actually says is that we should use figures by the Office for National Statistics for who is estimated
“to be eligible to vote in United Kingdom parliamentary elections”.
Obviously, the question is how the ONS would make that estimate. The answer is by using a combination of the register of electors, the census and other data forms.
As has already been pointed out and as we all know by now, there is a systematic bias against the registration of certain categories of people—ethnic communities, people in private rented accommodation, 17 to 24-year-olds and, generally, those in poorer areas. Those poorer areas tend to be more likely to be represented by Labour MPs. That explains the difference in the average figures for registration. The problem that I have with the current thrust towards quickly redrawing the boundaries on the basis of registered voters is that clearly there will be a bias in that, so people from poorer communities will be under-represented. That is not effective or fair democracy.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Is my hon. Friend as surprised as I was by the fact that the Government do not seem committed to putting in extra resources in the lead-up to December to gain the count that they seek for the new constituency boundaries?
Geraint Davies
That is unfortunate and surprising. If one were cynical about it, one would say that the Conservatives already know that there is a registration bias in favour of people who, demographically, are more likely to vote for them, so why should they take the action that my hon. Friend suggests? I introduced the amendment to say, “Let’s do this on a fair and equitable basis.” We want more registration because the people who are registered to vote are the people who are allowed to vote. That is a separate issue from the relative sizes of constituencies, which should be based on the number of people who are eligible to vote. We hope that those people will, over time, register to vote and will ultimately vote.
Geraint Davies
My hon. Friend makes a very interesting and important point. Wales is a nation of just 3 million people sitting alongside a larger nation that is 17 times its size. It is completely dependent on the financial stream from Westminster to fund the devolved Welsh Assembly. Historically, the relationship between the number of seats per head in Wales has been different from that in England because of the need to keep the Union together, in harmony, in a situation of great inequality between the two neighbours.
I fear that the haste with which this process is moving forward and the tremendous step change that it will make to the representation of Wales in Westminster—reducing the number of seats by a quarter from 40 to 30—will have such a dramatic effect on the people of Wales that they will be driven into the arms of the nationalists. There is a danger that we will fracture the United Kingdom. I am sure this could be part of a Conservative conspiracy, whereby some in the Conservative party think, “Well it is nice to have the Union, but these people in Wales keep on voting Labour, so wouldn’t it be better to chop ’em down, cut their money and live with a world where we can guarantee continuous Tory government in England at the expense of an impoverished Wales that is split between Labour and the nationalists, who will then be thrown the right to raise their own taxes on a tax base that is a third poorer?” That is the sort of grand plan that seems to be emerging. It is very concerning that the haste and nature of the changes we are considering are such that they will risk and provoke rips in the fabric of the United Kingdom. That is absolutely terrible.
Tristram Hunt
My hon. Friend makes a very persuasive case. Do the measures in the Bill not suggest that there is no real feel for the fabric of the United Kingdom from the Government and that the interrelationship between Wales, the Duchy of Cornwall, the Isle of Wight and many of the Scottish islands is not felt by them? Their desperate desire to ram the Bill through is incorrect.
Mrs Laing
Of course the hon. Gentleman is right. First, I do support his special pleading to IPSA. Secondly, I am glad to have given him the opportunity to put the record straight on the EEA; we are all better educated for that.
Our duty is not to try to amend the Bill to make life easier for Members of Parliament. What matters is not our certainty about where the boundaries of our constituencies will be drawn, but how the democratic process works. I have thought to myself, “Why have there been so many illogical arguments this evening?” I realise, of course, that it is because of special pleading.
Tristram Hunt
Does the hon. Lady recall, as I do, the evidence that we received on the Political and Constitutional Reform Committee, which suggested that where there were arbitrary and dramatic changes in boundaries, an absence of democracy often followed, as local party activists and local electors began to lose influence and interest in the local democratic process?
Public Bodies Reform
Tristram Hunt Excerpts(13 years, 9 months ago)
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Mr Maude
The number of parliamentary questions generated is not a matter of where functions sit within government, but generally a matter of how many questions my hon. Friend and other colleagues in the House ask. If bodies become more democratically accountable through the House, they will be subject to more parliamentary questions—by definition—but it seems to me that that is a good thing and not a bad thing. That is what accountability is about.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Now that the much-vaunted bonfire of the quangos has turned into a clammy Sunday afternoon barbecue, may I congratulate the Minister on his plans for British Waterways? He seems to be taking exactly the right approach, but we await information on the allocation of property assets.
What do the Government plan to do with the National Endowment for Science, Technology and the Arts? May I also urge the Minister to encourage his right hon. Friend the Work and Pensions Secretary to hurry up in sorting out the future of the Independent Living Fund, because that is causing real concern to my constituents?
Mr Maude
I am sure my right hon. Friend the Work and Pensions Secretary will have heard the hon. Gentleman’s last point and I know that he is addressing the matter with urgency. I welcome the hon. Gentleman into the big tent as far as the British Waterways Board is concerned. That is a good route to follow.
The hon. Gentleman also asked about the future of NESTA, which will become an independent endowment outside the Government. When the Bill that set it up went through the House, I was the Opposition spokesman, and I urged that it should be set up as a wholly independent endowment that is outside, and not in any way subject to the whim of, the Government.