Debate on the Address

Debate between William Cash and Graham Allen

Wednesday 27th May 2015 Commons Chamber

[Sir William Cash]

The question has been dealt with by legislation and the functions have been devolved. I was intrigued by the nuanced approach taken by the right hon. Member for Belfast North (Mr Dodds), but it must be conceded that because the Scottish Parliament has control over health and education it is unfair for Scottish Members of Parliament—it cannot be denied that they won a great victory in Scotland—to interfere in matters that belong properly and exclusively to English Members of Parliament.

[Mr Graham Allen]

I caution the hon. Gentleman, whom I have known for many years, against basing his case on legislation that was passed in 1997 in entirely different circumstances. If major democratic reforms are to be made, that should be done openly and honestly and with the full and knowing consent of the House. No device should be used. These are important matters and, if necessary, they should be achieved through winning a majority in the House, not by using a technical device from 1997.

[Sir William Cash]

I have made my point and I stand by what I have said. We will debate that question later, but I believe strongly that we need to do it by way of amending the Standing Orders.

Repeal of the Fixed-term Parliaments Act 2011

Debate between William Cash and Graham Allen

Thursday 23rd October 2014 Commons Chamber

[Mr Allen]

The benefit of our having a final year and knowing it is a final year is that we can plan for how we can sensibly use that final year. I absolve my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) of this, but is all the nonsense of “It will be a zombie Parliament unless we pack the last year full of inconsequential legislation, so that we can we pretend that we are macho and running the country” the best that we can do?

My Committee has produced two reports on this issue. We have studied it in great detail, and have heard from highly expert witnesses. We concluded that the fifth year of a Parliament could, because we would know that it would be the last year, be very different culturally—although not this first time round, because we are not used to it. Let us return to the default position of the old dogfight! Let us all slam each other over the Dispatch Box! But perhaps we could use the last year very constructively, rather than entering a state of paralysis or conducting ourselves in our normal, conventional way—often disgracefully, in the eyes of the public.

[Sir William Cash]

Did the hon. Gentleman’s Committee take evidence from Lord Norton of Louth? If so, can he remember what conclusions Lord Norton reached?

[Mr Allen]

I am afraid that I cannot remember, but Lord Norton of Louth—who is a very distinguished Member of the other place—gives evidence to us regularly, and I am confident that if we did not take oral evidence from him, he would have submitted some written evidence. I hope that the hon. Gentleman will forgive me for not being able to recite it. No doubt he can do so.

Let me return to the points made by the hon. Member for Cities of London and Westminster (Mark Field). We can plan our lives here better. We, Members of Parliament—not the Government—can plan our lives better, in the parliamentary interest. That means not being told what to do. It does not mean being told how wonderful it is to be able to have a debate of our own choosing on days such as this. Aren’t we lucky to be able to have a couple of debates every so often? Aren’t we lucky to be allowed out into the playground? That is better than being told every second of our waking day what agenda is being set by the Government, and hearing the nonsense that somehow Parliament is deciding stuff. Of course it is the Government who are deciding—but, on this occasion, we have made a little bit of an inroad on behalf of Parliament.

Those were very good points, and I shall be sure to write them up and pass them to my local Member of Parliament; so the hon. Member for Cities of London and Westminster can expect a letter in the morning.

Let me explain a little about the importance of what a fixed-term Parliament allows us to do, first as a Parliament, secondly as an Administration and a Government, and thirdly for the electorate. What does a fixed-term Parliament allow us to do as Members of this House, and as members of Select Committees and other institutions in the House? For one thing, it allows us to have a sensible legislative programme. Until the advent of the fixed-term Parliament—and I look forward to the legislative programme of the next one, because by then we shall have learnt a few lessons—it was the same every time. An election was won, and no one was sure how long the Parliament would last. It was a case of “Let us stuff the big important Bills through the House at the earliest opportunity.” Then there will be a ton of Second Readings before the Christmas of the new Parliament, things will be pushed through and often written very poorly, and later on we will have a period in the doldrums when things are drifting along because most of the legislation has already gone through.

That is anathema to what I suspect virtually all colleagues in the House would support me on, which is pre-legislative scrutiny. A fixed-term Parliament allows us, for the first time ever, to plan our legislative programme, because we know when the beginning, middle and end are. Things that require more work and more detailed analysis by the civil service to produce a draft can be prioritised—really important, practical things that can involve the British public and bring them with us. The Scottish example has shown what fantastic accidental glory democracy can deliver us. Imagine if we planned our next employment Bill and talked to working people and employers. Imagine if we really thought carefully about what a climate change Bill could do three years hence. Imagine if we had a Parliament talking to the electorate because it knew how it could plan its legislative programme. What a different Parliament it would be if we decided to go that way—a Parliament that might earn people’s respect.

Pre-legislative scrutiny would allow this House to present a Bill and say, “Here’s our draft, let’s have a Second Reading and agree the principles, and then we’ll give it to an expert committee of colleagues of all parties to look at for a serious period”—three, four, five or six months—“to really get to the bottom of this and get the evidence together.” A Government who were listening could then enable that to happen—not once, because we have made a persuasive argument on the Floor of the House and won a vote, but as a matter of course because that is the way we conduct our business. We would then be in great danger of producing good law that did not require our coming back the next year to put right the things that were got wrong because we did not take our time or that needed a thousand amendments from the other place because our legislative process was so poor.

--- Later in debate ---

[Mr Allen]

Does the hon. Gentleman realise that he is making a strong argument for the direct election of the Government, just as we are directly elected? It would be terrible if he were to pay the price personally at the next election for the faults of the Government. The Executive should be for election so that members of the public have the right, which exists in most western democracies, of directly electing their Government rather than using him as a proxy.

[Sir William Cash]

I do not accept that proposition, but we do not have time to go through all the implications. I also completely repudiate his suggestion of a written constitution, and I suspect what the hon. Gentleman has just said has something to do with that.

The revelations by the right hon. Member for Yeovil about the coalition negotiations also implicitly accepted the argument that fixed-term Parliaments facilitate long election campaigns. That is where we are now. We are in an election campaign already, and questions arise about the amount of money that is being generated for financing purposes. That is a practical objection, the realities of which we are seeing as I speak. MPs are not expected to be very visible in Westminster during this Session, and I need only look at the Opposition Benches to see that only two Opposition Members are listening to this debate.

As was made clear in evidence to the House of Lords Constitution Committee, knowing well in advance when the next election will take place encourages Governments to manipulate the economic cycle to their maximum advantage. That is a not unknown characteristic of Chancellors of the Exchequer, and we will have the autumn statement soon. But that substantial question has to be addressed.

The Act was a consequence of the need to build trust between coalition partners, and that is clear from all the books that have been written about the stitching up of the coalition. There was no agreement by the Conservative party that I would regard as proper agreement. As my hon. Friend the Member for Gainsborough said, we had a meeting at which we were told certain things about what was going on between the Labour party and the Liberal Democrats, and there was some doubt about that, if I may put it that way.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between William Cash and Graham Allen

Tuesday 3rd September 2013 Commons Chamber

[Mr Allen]

I must press on—I am sorry that I cannot give way to the right hon. Gentleman.

Who are we trying to constrain? I shall tell the House of just a few organisations that have sent evidence to my Committee. They include fringe organisations such as Citizens Advice, the Howard League for Penal Reform, the Royal British Legion and Oxfam. Those organisations have written to the Committee in the past week or so. Others include the Voluntary Sector North West, the Joseph Rowntree Foundation, Roald Dahl’s Marvellous Children’s Charity, the British Youth Council, the National Trust, the Women’s Support Network, Christian Aid, the Stroke Association, Girlguiding and—this is the real hardcore—the Woodland Trust. Mencap and the Royal Society for the Protection of Birds have also written to the Committee. Surely we intend to make those organisations believe they have an increasing rather than a diminishing part in our democracy.

I ask the Government to think again and to do so seriously. The Committee will propose amendments on redefining terms. A number of colleagues have asked what the Government mean by “electoral purposes”. What does that capture? We want to give people reassurance on that.

The Committee has taken evidence from the Electoral Commission. The last thing the Electoral Commission wants is to be given responsibility for the measures and to be made the judge. It wants clarity and to remain impartial. It does not want to be drawn into arguments on freedom of speech. It does not want to be the arbiter of what is or is not quasi-political and of what is perfectly legitimate.

[Mr William Cash (Stone) (Con)]

Will the hon. Gentleman give way?

[Mr Allen]

I am sorry—I have only one minute left, so I must press on.

I made a point briefly—I will not make it at length—about expenditure on campaigning. If that expenditure must also include staffing and a number of other things—material costs and so on—that it did not previously include, the pot for actual campaigning for charities and other organisations is diminished. We need to be clear about that but, having briefly studied it, I am not clear. Friends who have lobbied me, the Leader of the House and others are also not clear. If we make them risk-averse, we will diminish our democracy, not improve it.

We need to look again at part 3. I am mystified as to why trade unions would not know where their members are—their lifeblood is ensuring they know where their members are because their members pay the subs and the wages and keep those organisations going. They have to know who their members are for industrial relations ballots, so it is in their interests to keep those records up to date.

Fixed-term Parliaments Bill

Debate between William Cash and Graham Allen

Monday 13th September 2010 Commons Chamber

[Mr Allen]

As I would expect, my right hon. Friend has hit the nail on the head. As we have heard today, many people support the principle of what the Government are saying. Why lose friends by rushing the process? Why not get better law by going steadily? I am sure that colleagues know that democratic change has been dear to my heart for many years. Above all, why not build a consensus in the House for the change once it has been gone through carefully and after everyone in the House feels that they have been able to be involved—rather than everyone in the House feeling that they have been cheated and that the process has been abusive to them as Members of Parliament? I shall return to that issue a little later.

This is a Second Reading debate, so we are talking about the big principles. The big principle is whether we should have a fixed-term Parliament. I speak personally and strongly in saying that such a Parliament is certainly needed; many of us have campaigned for one for many years. I think that it will become a steady, fixed aspect of what we do in this country. To quote the report,

“our expectation is that future Parliaments would run for their full fixed term, and that this will become an unremarkable aspect of our modern democracy.”

That is how most western democracies operate, and they take it in their stride. That is just how things are. They have a set, fixed system and do not get terribly excited for two or three years about whether there will be a general election. They know perfectly well when their legislature and Executive are going to be elected. The process is not all covered in mysticism, judicial archaeology and obscure Standing Orders; it is there for people to see, with every elector owning their democracy.

It was said that nobody writes to hon. Members about fixed-term Parliaments. People do not; but they do speak to all of us on the doorsteps about how they feel about politics. They feel that politics is not working and does not deliver for them. Our role is to take that general sentiment—albeit not expressed in favour of this or that clause in a particular Bill—that we must restore politics to people. That is one of the key principles underlying the idea of a fixed-term Parliament.

I have got form on this issue. My right hon. Friend the Member for Blackburn (Mr Straw) talked about the 1992 Labour party decision. I was fortunate enough to have drafted that document. That was nearly 20 years ago and there has been a lot of discussion since, but the House is finally getting the chance to decide on whether the people of our country should know when the next general election is going to be. That is a really important step forward.

[Mr Cash]

rose—

[Mr Allen]

I gladly give way to the hon. Gentleman.

[Mr Cash]

The hon. Gentleman is doing a great job with his Committee and I congratulate it on producing such a speedy report.

Does the hon. Gentleman not accept that the will of Parliament can easily be subjected to the will of the Whips? On a matter of great constitutional importance, it is perfectly clear that one of the main objectives would be to use the Whip system to get whatever result the respective members of the coalition Government wanted—at the expense of the people of this country, who vote for us?

[Mr Allen]

Indeed. One of the small matters of dispute that I have had with the hon. Gentleman over the years has been that somehow he feels that we can recreate some golden parliamentary age. This place is owned by the Executive and the alternative Executive; the hon. Gentleman, more than anybody, should know that. If he does not understand that, he falls into the same trap as the Clerk, who talked about the

“House’s mastery of its own proceedings”.

That is a myth and a self-deception. We must confront that issue. We imagine that somehow there are 650 individuals here creating our own rules, but the rules are created by the Executive.

The Bill seeks to put into law provisions for a fixed-term Parliament, rather than putting them only in Standing Orders, which can be changed at a moment’s notice. The 10 o’clock rule is suspended on a daily basis and Standing Orders are cast aside and suspended on a regular basis. To pretend that there is an atomised Parliament with 650 Members all exercising their consciences is a self-deception out of which, I hope, hon. Members throughout the House will educate themselves. In that way, we can take back some control for the House and strengthen Parliament, and people can elect us understanding that the House of Commons—the legislature —is different from the Executive, and should have its own independence and powers.

The hon. Member for Stone (Mr Cash) led me down the road of the rebalancing of powers between the legislature and the Executive, and I agree with the Deputy Prime Minister that this, for once, is the Executive actually giving away a power, for whatever reason. We can make our own judgments about the reason, but I welcome the change, because it helps to rebalance the power between the Executive and the legislature. If we seize this moment, we could use it to help to strengthen this institution rather than, as the hon. Member for Stone mentioned, just following the Whips. We could use this precedent to make sure that we can build up and strengthen our Parliament.