(13 years, 8 months ago)
Commons ChamberI 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.
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?
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.
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?
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.
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.
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.
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.
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.
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.
(13 years, 11 months ago)
Commons ChamberI 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.
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.