Oral Answers to Questions

Ian C. Lucas Excerpts

Wednesday 15th June 2011 Commons Chamber

[Mr Maude]

As I say, we are committed to continuing those discussions. We had further discussions yesterday, and there will be more next week and the week after. There is much still to be resolved. It was Lord Hutton, Labour’s Work and Pensions Secretary, who recommended the changes, and in order to make public sector pensions sustainable for the future we need to drive these reforms through.

[Ian Lucas (Wrexham) (Lab)]

T6. On what date did the Government instruct parliamentary counsel to draft amendments to the Health and Social Care Bill, following the consequences of the NHS Future Forum?

[Mr Maude]

I would recommend that the hon. Gentleman ask that question of the Secretary of State for Health.

Oral Answers to Questions

Ian C. Lucas Excerpts

Wednesday 27th April 2011 Commons Chamber

[The Prime Minister]

I completely agree with my hon. Friend. As a parent of three little ones, I know that it is incredibly worrying to see what is becoming available in some shops and other places. We are, effectively, asking our children to grow up too early. I think that there is a lot more that we can do, which is why we have asked the chief executive of the Mothers’ Union to conduct an independent review of this vital area. We are looking at a range of specific issues including television, video and other pressures that are put on people, and we expect the report to be published in a few weeks’ time.

[Ian Lucas (Wrexham) (Lab)]

Q8. The Prime Minister has described hospices as one of the great successes of the big society, so why, as a result of his Government’s increases in VAT and cuts in gift aid, is Nightingale House hospice in my constituency paying an extra £20,000 to his friend the Chancellor of the Exchequer this year? Will he give it the money back?

[The Prime Minister]

The point I would make to the hon. Gentleman is that the hospice movement is a fantastic example of the big society and we should see it expand, and my right hon. Friend the Chancellor has increased gift aid so that more people can give more money more effectively. As the hon. Gentleman is another Welsh Member of Parliament, let me put this point to him: why is he supporting an NHS cut in Wales that will hit not just hospices but hospitals, GPs and community services? That is what is coming out of this Question Time. Labour is cutting the NHS; you cannot trust Labour with our national health service.

West Lothian Question

Ian C. Lucas Excerpts

Tuesday 29th March 2011 Westminster Hall

[Mr Field]

Thankfully, I do not think it is possible with the legislation that has been carefully put into place.

I know that other hon. Members wish to speak, so I will say just a few words about what I consider would be the ideal situation. It is very much a pipe dream and an ideal. I agree with what my hon. Friend the Member for Monmouth (David T. C. Davies) said in his earlier contribution. We need to move towards the idea of an English Parliament. We do not need a whole lot more politicians—I hasten to add—but I would like to see all parts of the United Kingdom come under a federal umbrella, with identical powers for the Scottish, Welsh, Northern Irish and English Parliaments. There would also be the United Kingdom Parliament into which Members of the constituent parts would organise themselves on a pro rata basis. The United Kingdom Parliament would look at bigger strategic economic issues such as foreign affairs and defence. Many things that are already taken for granted in Wales and Scotland, such as policies on transport, health and a whole range of issues that are dealt with through the Assembly or the Scottish Parliament, would be tackled at national level. That is important because a huge amount of resentment is building up in England about what is seen as an unfair arrangement. Having a Conservative-led Government has probably helped to assuage that in the short term, but I fear that sense of resentment will become stronger as we go forward.

[Ian Lucas (Wrexham) (Lab)]

The hon. Gentleman presents a measured and characteristically sensible argument. Does he agree that England is a large country containing very disparate regions? I was born in the north-east of England, which in many respects has more in common with Wales than with Essex. Therefore, the type of targeted health policy that makes sense in Wales would not make sense in England because the needs of the various regions are so different that they could not be adequately dealt with by an English Parliament.

[Mr Field]

There may be something in what the hon. Gentleman says. I was describing my ideal, but I recognise the chief concern that, unlike any other federation, having a single group that contains 85% of the land mass or population, and its Members, would present some difficulties. The Federal Republic of Germany was set up as a post-war construct. Even after the reintegration of East Germany in 1990, there were essentially smaller units. There are particular areas of power—for example, Bavaria is strong due to historical factors and is a powerful Land, and North-Rhine Westphalia is the big industrial heartland, but even the smaller states have an important role to play. Safeguards exist in the United States of America in that each state has two Senate seats, irrespective of size. That means that states work closely together despite great disparities in size and economic power. I accept that point, but as the hon. Gentleman knows, coming from the north-east, there is not much love or great affinity between that region and the area of the United Kingdom immediately to the north. By the same token, when the people of the north-east had the opportunity some seven years ago to sign up for their own government, that move was overwhelmingly defeated. It had been anticipated that that region would have been the most likely to go down the route of a devolved English Government.

--- Later in debate ---

[Ian Lucas (Wrexham) (Lab)]

I am grateful to my right hon. Friend the Member for Torfaen (Paul Murphy) for securing this important debate. Despite the chuckles that I detected from Government Front Benchers, there has been a lack of opportunity to talk about these hugely important issues as they affect not only Wales, but the United Kingdom. The Parliamentary Voting System and Constituencies Act 2011 that we have just seen rammed through the Commons was entirely partisan in its composition. Crucially—this point was picked up by the hon. Member for Cities of London and Westminster (Mr Field)—it basically ignored the position of the House of Lords and dealt only with the House of Commons. In terms of a constitutional settlement that is a massive mistake, and these issues must be addressed. House of Lords reform will be on the political agenda, and it was a massive mistake not to consider that when looking at the number of MPs in Wales, Scotland, Northern Ireland and England.

The Conservative manifesto made no reference to removing the right of MPs from Wales to vote on matters relating to England. Characteristically, it made little reference to Wales and stated:

“Labour have refused to address the so-called ‘West Lothian Question’: the unfair situation of Scottish MPs voting on matters which are devolved. A Conservative government will introduce new rules so that legislation referring specifically to England, or to England and Wales, cannot be enacted without the consent of MPs representing constituencies of those countries.”

That is the nub of the issue.

Since the general election, however, Ministers have taken a different tone. We have, of course, heard about the commission that will be set up to address the West Lothian question. The Minister has stated that the commission’s work

“will need to take account of our proposals to reform the House of Lords to create a wholly or mainly elected second Chamber, the changes being made to the way this House does business and amendments to the devolution regimes, for example in the Scotland Bill presently before the House. We will make an announcement in the new year.”—[Official Report, 15 December 2010; Vol. 520, c. 822W.]

It is very unfortunate that a major constitutional Bill has gone through the House of Commons before the commission has been set up. We do not know the detail of the commission and we all hope that we will hear something about that later today. It is very much to be regretted that the House of Lords and the House of Commons are not looked at together when this issue is considered.

There has been no substantive discussion that I am aware of with Members of Parliament from Wales of whatever party about the issue. It was absolutely disgraceful that the Secretary of State for Wales refused to engage in a debate in the Welsh Grand Committee about the number of Members of Parliament in Wales under the Parliamentary Voting System and Constituencies Act 2011. That showed extraordinary constitutional illiteracy, because the settlement that exists in the United Kingdom at this time is very complex. As we all know, it is partly written and partly unwritten and has been established as a result of centuries of history. It has been reached as a result of huge political events that have affected the islands that lie off Europe, including Ireland and, of course, Great Britain.

The changes that were put through, for what I believe were partisan political purposes, in the recent Bill changed that constitution without any real consent, and what was extraordinary in that context was the lack of involvement of Conservative MPs from Wales, who of course voted like turkeys approaching Christmas, but also took no substantive part in the debate. As a consequence, the views that had been recently expressed by members of the public in the general election in Wales were in effect excluded when the number of Members of Parliament in Wales was reduced by one quarter.

We all know that opportunities for Welsh Members of Parliament to discuss these matters were extremely limited if not non-existent in the Chamber. I think that I made a speech on Third Reading, but we did not get to the point of making any submissions on amendments because of the timetabling. As a consequence, there is a real sense of frustration among Members of Parliament from Wales about the matter.

The lesson that I learned is that the Conservative party has changed. My right hon. Friend the Member for Torfaen referred to the Kilbrandon review in the 1970s. There was a time when the Conservative party was the Conservative and Unionist party and did not simply represent the views of English MPs. Increasingly as I sit in the House of Commons now and listen to speeches from those on the Government Benches, I am learning—this has been evidenced again in today’s debate—that the Conservative party does not speak for the United Kingdom any more. It speaks for England. It is not driven by any wish to reach out to the peoples of Scotland and Wales.

[Chris Ruane]

Would my hon. Friend extend that list to include the people of the northern cities of England—the north-west and the north-east?

[Ian Lucas]

For present purposes, I will resist that temptation because I am talking specifically about Scotland and Wales. We know that the Conservative party has done very badly in elections in Scotland since 1997 and still has only one Member of Parliament in Scotland, despite huge numbers of relaunches in that country. We know also that even last year, the share of the vote that the Conservative party secured in Wales when it ended up forming a Government with its friends the Liberal Democrats was less than it secured in 1992. It has not made the progress in Wales that it would have liked to make.

The lesson that I would have liked the Conservative party to learn from that is that it needs to reach out more to the peoples of Scotland and Wales than it has done. My view is that it has done exactly the opposite. It has withdrawn from the battlefield. We saw, for example, that the Secretary of State for Wales did not feel able to make her position clear on the recent referendum in Wales before it took place. The Prime Minister is in effect treating Scotland and Wales at the moment as a franchise—something that is given over to someone else and that does not really affect the person who gives it over. It is the political equivalent of SUBWAY.

[Mr Mark Field]

The hon. Gentleman, in an otherwise thoughtful speech, is being a little unfair to the Conservatives in Wales. Clearly, since 1859 we have been a minority party in Wales. As the hon. Member for Newport West (Paul Flynn) pointed out, we got 20% of the vote even in 1997. However, it is fair to say that the Conservative group in the Welsh Assembly has worked very hard to make the Assembly work. Obviously, there has not always been agreement, because it has spent the past 12 years in one form of Opposition or another. None the less, it has made it work. The Welsh Conservative party is not only doing its best to make the Welsh Assembly work, but playing a very important part in the whole polity of Wales within the United Kingdom, so the hon. Gentleman’s criticism is rather unfair.

[Ian Lucas]

As always, the hon. Gentleman makes a very interesting point. The Welsh Conservative party may be seeking to take matters forward as far as devolution is concerned. For example, the Conservative group in the National Assembly for Wales felt able to support the recent referendum. However, the key point is that the Prime Minister of the United Kingdom did not feel able to support the Conservative group in the National Assembly for Wales. The Secretary of State for Wales did not feel able to support the Conservative group in the—

[Mr Field]

rose—

[Ian Lucas]

Give me a moment. The Secretary of State for Wales did not feel able to support the position of the members of the Conservative group in the National Assembly for Wales. That is why they are a franchise. They are out in the wilderness as far as the national Conservative party is concerned. They are of no concern to the Conservative party based at Westminster, because that party does not take heed of any of the MPs from Wales who represent it.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

rose—

[Ian Lucas]

I will give way to one of them now.

[Simon Hart]

Although it slightly pains me to say this, will the hon. Gentleman not accept that if he applied the 2010 election result to a political map that took account of equalisation, he would not be able to make the comments that he is making about the irrelevance of the Welsh Conservatives? We would have had a far more realistic result as a consequence, which would have forbidden him from making those slightly inaccurate comments.

[Ian Lucas]

I do not think that my comments are inaccurate at all. My concern is that we now have one political party that is committed to the Union and to devolution within that Union—the Labour party. The Liberal Democrats are in effect—[Interruption.] They are an irrelevance, as has been indicated from across the Chamber.

Of course, we have nationalist parties, but the Conservative party no longer seeks to reach out to the people of Wales and Scotland. I never thought I would say this, but that pains me. The Conservative party should speak up for the United Kingdom, and it is a great shame that that no longer happens.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Does the hon. Gentleman agree that the United Kingdom’s cohesion and unity might be helped just a little if the Prime Minister made more visits to the countries of the UK—Scotland, Wales and Northern Ireland? He has not been to Northern Ireland since the general election.

[Ian Lucas]

I must confess that I am extremely surprised by that. I agree entirely.

Whatever constitutional arrangements these isles—Ireland and Great Britain—settle on, the lesson of the past hundreds of years is that we must have constitutional arrangements that work. We have an opportunity to have a measured, non-partisan debate about the UK’s constitutional arrangements. Bearing in mind the constitutional changes that have happened since 1997, there is a strong case for some kind of written settlement. There was a time when I would never have believed that I would say that, but the current flux in devolution settlements needs to be resolved so that the devolved institutions can focus on policy delivery, which is what our constituents are mainly interested in, rather than on constitutional settlements. I would therefore like to see non-partisan engagement by the Government—that has not happened to date, which I am very sorry about—on issues relating to the House of Commons and the House of Lords.

The answer to the West Lothian question, if there is one, lies in regional government in England, and I speak with some knowledge of the north-east. One major reason why the devolution proposals were passed in 1997—the hon. Member for Cities of London and Westminster was correct about this—was that there had been 18 years of Conservative Government. I am not sure that devolution would have happened if there had been a Labour Government in the period before 1997. One major reason why the north-east voted not to have an assembly was that people took the view that they had a Labour Government in London so they did not need an assembly in the north-east. If we asked people today whether they would like protection like that offered by the National Assembly for Wales extended to the north-east of England, we might get a very different answer.

The issue of regional government will come back. If we are to have a devolved settlement in the United Kingdom—we must not forget that there is a devolved institution in London—we will revisit the issue of regional government in England in due course. I know that that is unpopular among Conservative Members, but they should consider the point raised by my hon. Friend the Member for Vale of Clwyd (Chris Ruane), who noted that the Conservatives are still weak in areas in the north of the country, which is probably why they did not win the general election last year.

These are massive issues, and politicians have struggled with them not only in the past few years, but in the centuries before—as we all know, “one in, one out” defeated Gladstone. My right hon. Friend the Member for Torfaen is a wise man, and when he says that having two classes of MP will lead to the break-up of the UK, the Minister should listen. He should speak to the Secretary of State for Wales, who should start to listen to MPs from Wales; that might help her start doing a better job.

--- Later in debate ---

[Chris Bryant]

I know that the hon. Gentleman is a fair man, so I hope that he will explain to his constituents that it is not quite as simple as that. I know that the vast majority of our constituents could not describe the present constitutional settlement. As a result of devolution, they could not say who is in charge of policing, or who is in charge of this, that or the other element of environmental policy. A case in point is that the terms and conditions of GPs are not a devolved responsibility. When decisions are made about what GPs do in England, Welsh Members have to be able to vote because implications for Wales will follow from them. If the Speaker had to decide that Welsh Members could not speak in a debate, there would be a terrible row. That would be a problem.

[Ian Lucas]

Will my hon. Friend give way?

[Chris Bryant]

If my hon. Friend will forgive me, I have a few more points to make. We could see a vast multiplication in the number of Bills, with many more Second Readings of minor Bills that affected only specific parts of the country. I suppose one could then say that if a piece of legislation was not on a devolved matter but affected only Wales, only Welsh MPs should be able to vote on it. That is the logic of the argument of those who say that English legislation should be voted on only by English MPs. The danger is the effect on Government; a complicated Venn diagram would be needed to show who are the Government on any particular subject. We would have England-only legislation; England and Wales-only legislation; England, Wales and Scotland legislation; and England, Wales, Scotland, and Northern Ireland legislation, and a different set of people would be voting on each sort. There would be at least five versions of the Government of the United Kingdom. That is potentially problematic and could be dangerous.

My right hon. Friend the Member for Torfaen wisely referred to Welsh peers. Would one suddenly decide that Welsh peers should not be able to vote? How does one decide what constitutes a Welsh peer? It is difficult enough deciding what nationality the Secretary of State for Wales is. At a recent reception held at the Foreign Office, I gather that the Secretary of State for Wales made a little speech. As the Bahraini ambassador was saying thank you, he said, “It’s great finally to discover, Cheryl, after all the years that I’ve known you, that you’re Welsh”—and he is a diplomat.

--- Later in debate ---

[Mr Harper]

I hear reports of his excellent chairmanship. The right hon. Member for Torfaen talked about the commission, and I will come to that at the end of my remarks. A number of Members talked about the settlement that we reached in the Parliamentary Voting System and Constituencies Act 2011. As I have said many times, it was not partisan; it was about treating every single part of the United Kingdom in the same way to ensure that each had the exact number of seats for the number of electors they have. There were many who said that because of devolution, we should ensure that Scotland, Wales and Northern Ireland had fewer seats in this House per head of the electorate, but that was something that the Government did not want to do; we wanted to ensure that we treated each part of the United Kingdom—Wales, Scotland, Northern Ireland and England—in exactly the same way, and that is what we have done in legislation. We have been very fair and even-handed.

The right hon. Gentleman talked about the Welsh Grand Committee. He should be aware that the hon. Member for Rhondda thinks that the Welsh Grand Committee is a Welsh grandstanding Committee. When we were debating the Legislation (Territorial Extent) Bill in the House of Commons, the hon. Member for Rhondda said:

“The truth is that, all too often, the Welsh Grand Committee has been a pretty futile body.”—[Official Report, 11 February 2011; Vol. 523, c. 638.]

Given that that is the view of Labour’s official spokesman, I am amazed that hon. Members made so much fuss about whether the Welsh Grand Committee could discuss the Parliamentary Voting System and Constituencies Act 2011. I drew the remarks of the hon. Member for Rhondda to the attention of the Secretary of State, and very interesting she found them.

[Ian Lucas]

The point is simply that Welsh MPs did not have the opportunity to discuss the issues, or any of the amendments, in the main Chamber. It would not have been difficult for the Secretary of State for Wales to have allowed a Welsh Grand Committee to take place, so that we could discuss the issues.

[Mr Harper]

I sat through all the debates on the 2011 Act, and of the 40 MPs who spoke on Second Reading, a large number were Welsh Members of Parliament. Although we did not have as long to spend on the groups of amendments as we would have liked, we spent a long time talking about the Bill and its effects on Wales. Welsh MPs spoke for a great deal of time, and I had tremendous pleasure in listening to the arguments that they put forward.

My hon. Friend the Member for Cities of London and Westminster (Mr Field) drew our attention to the over-representation of Wales. That is something that many people in England—not Conservative Members of Parliament but members of the public in England—resented, and we sorted that out in the 2011 Act. We have dealt with every member of the United Kingdom in exactly the same way and treated every part fairly.

Parliamentary Voting System and Constituencies Bill

Ian C. Lucas Excerpts

Tuesday 15th February 2011 Commons Chamber

[Mr Harper]

There is a general acceptance in the other place, not only among Conservative peers and those supporting the Government parties, but from many Cross Benchers, that the behaviour, not of the House of Lords but of a small number of former Labour MPs who have gone to the other end of the building, was unacceptable.

[Ian Lucas (Wrexham) (Lab)]

Community councils in my constituency have discussed the removal of the right to make oral representations in public inquiries on parliamentary changes in conjunction with the presentation of information to them from the Boundary Commission on local council boundary changes. It will still be possible to consider local council boundary changes in a local public inquiry, so why is it wrong for a parliamentary constituency to have the right to a public inquiry over the most fundamental changes to boundaries since the 19th century?

[Mr Harper]

The hon. Gentleman raises the issue of people’s ability to have their say in person. Such provision was not in the Bill originally, but we listened carefully to the debate in the other place, and there were a number of very good arguments. Among others, Lady de Souza and Lords Pannick and Wolff were of the view that it was important to allow local people to have a say, so we tabled a Government amendment and an associated new schedule enabling an outlet for local opinion, and that was included in the Bill.

The proposed changes were accepted without a Division in the other place, but I have said—I think, accurately—that there was then an attempt effectively to turn that process of public hearings back into the largely discredited legalistic inquiry process. There was a debate, but the other place, having decided that it did not want to accept the idea, was content with our proposal for public hearings.

--- Later in debate ---

[Mr Walker]

I would say to the Minister that we should have shown more foresight in this House, and addressed those issues here before passing them over to the House of Lords.

I conclude by saying that I support any movement and organisation in this House that is difficult, and makes some attempt to resist the will of the Executive.

[Ian Lucas]

Of all the appalling aspects of this piece of legislation, for me the abolition of local public inquiries is quite the worst. No party ever proposed to abolish them before the general election. If the parties now in government had a particular concern about public inquiries, I would have expected them to express it in manifesto commitments on which the electorate could have given their verdict in the general election. However, it is only since the general election that the issue has been raised.

When the idea was raised, I was anxious to obtain the views of local people in my constituency. I highlighted to community councils—the equivalent of parish councils in my constituency—the fact that the right to deliver oral representations to a public inquiry was about to be abolished. My letter to those community councils was considered at the same time as a report from a boundary commission relating to local councils. Representations had been made by councillors of all political parties objecting to boundary commission proposals for local councils. The community councils were most concerned about the local council provisions. They then saw my letter, and became aware that the right to make representations about a parliamentary boundary change was to be taken away from them.

In Wales, public inquiries will continue to be held on matters relating to local councils and Assembly seats, but they will be removed for matters relating to parliamentary seats. The only reason why they are being removed is the electoral deal between the Liberal Democrats and the Conservatives, who want to remove those public inquiries because they need to get the changes through by the next general election. That is why this huge constitutional Bill was not delivered in draft; it is also why many of us on both the Opposition and the Government Benches had our right to make speeches on important issues removed through the use of the guillotine when these matters were considered before Christmas.

[Mark Durkan (Foyle) (SDLP)]

My hon. Friend is rightly highlighting the implications of this provision for Wales. In the context of Northern Ireland, the Bill still ignores the fact that constituencies for the Northern Ireland Assembly are exactly coterminous with parliamentary constituencies. The Boundary Commission’s terms of reference do not allow it to address Assembly considerations, but it will be the implications of the Bill for the Assembly that will prompt people to call for local inquiries. Villages will be cut off from their hinterland, which will raised geo-sectarian issues. Those are the controversies that people will want to put in front of a local inquiry, but the Bill will remove their right to do so.

[Ian Lucas]

Absolutely; my hon. Friend makes a powerful point about Northern Ireland, and I can speak for my constituency in Wales. The Bill will have profound implications for communities across the United Kingdom. In due course, the Boundary Commission will reveal the proposals and people will see what they are. Only at that stage will people will realise the true horror of the Government’s proposals. They represent the antithesis of any form of localism, and they will take away responsibility from local communities.

The dripping sanctimony that we used to hear from Liberal Democrats and Conservatives about localism is in marked contrast to their appalling unreadiness to listen to any arguments about the Bill. They should be deeply ashamed of this legislation. All legislation should be made for the long term, and should carry as much cross-party consensus as possible. Members who support the Bill will have to explain to their constituents why they will no longer have the right to make oral representations on any proposed changes to their local constituency. Those Members will rue the day that they voted for this legislation.

[Mr Jenkin]

I agree with my hon. Friend the Member for Broxbourne (Mr Walker) that this whole matter is being rushed. If there is one thing that should not be rushed, it is the prospect of constitutional change. The pressure of time on our proceedings on the Bill arises solely from the Government’s desire to achieve the date of 5 May for the referendum. That date is cemented into the bit of the coalition agreement that was not published, and it exists purely for political purposes. This is a purely political device, perhaps to try to get a yes vote, or to try to boost the Liberal Democrat turnout at the local elections being held on the same day. Let me be absolutely blunt: there will be barely 11 weeks between the Bill receiving Royal Assent and the referendum, even though the Political Parties, Elections and Referendums Act 2000 stipulates that there should be a period of six months in which to prepare for a referendum.

This referendum is being indecently rushed. Unfortunately, Lords amendment 2, which proposes that the date should be changed, does not do the trick. It does not require the date to be changed. I do not know whether the Government intend to accept that amendment, but it would have no practical effect. The House of Lords has made clear its discomfort with the fact that the referendum was to be held on the same date as the local elections and the Assembly elections. I will not detain the House on that Lords amendment if there is no Division, but I wish to draw attention to the fact that this is a shoddy way to conduct a referendum. It is unconstitutional, it is political—deeply political—and it is not an objective way to address this issue. It will undermine the value of any referendum result, and I shall certainly support a later Lords amendment to address the problem.

Fixed-term Parliaments Bill

Ian C. Lucas Excerpts

Tuesday 18th January 2011 Commons Chamber

[Dan Byles]

I am grateful to the hon. Gentleman for his clever and well-reasoned argument.

[Ian Lucas (Wrexham) (Lab)]

Returning to the question of party political advantage, why does the hon. Gentleman think that the Government have chosen to specify a term of five years, rather than four, in the Bill?

[Dan Byles]

I am delighted that the hon. Gentleman raises that question, because I would like to address that issue, which is one of the “straw man” arguments that opponents of the Bill regularly cite. Some who oppose the Bill argue against the whole principle of fixed-term Parliaments, while others claim to support that principle, but tackle the issue of whether the term should be five years or four.

What should we make of the term set out in the Bill? I think that I am safe in saying that the term length is a key sticking point for Labour Members who accept the principle of fixed-term Parliaments yet still cannot bring themselves to support the Bill. Many of them hang their hat on the fact that five-year, rather than four-year, terms are proposed.

If we are to consider that point in detail, it is important that we understand where we are and how we came to be here. At present the maximum length of a Parliament is five years—let us make no bones about that—and I do not recall any recent cries of anguish from Labour Members that the historical five-year Parliament is wrong. Indeed, that maximum limit was established under the Parliament Act 1911, so Labour Members have had a long time to express their opposition to five-year Parliaments. The 1911 Act reduced the maximum length of a Parliament to five years from seven years by amending the Septennial Act 1715.

Oral Answers to Questions

Ian C. Lucas Excerpts

Tuesday 18th January 2011 Commons Chamber

[The Solicitor-General]

I do not think that my hon. Friend, who is an eminent member of the Bar, is at all confused about the concept of parliamentary sovereignty. Nor, if I may say so, is our right hon. Friend the Minister for Europe, who responded to the debate on clause 18 of the European Union Bill last Tuesday.

Judicial review has increasingly become part of the legal armoury since the second world war. Ministers, whether of the present Government or the last, are not above the law, and it is for our independent judiciary to arbitrate, through judicial review cases, in disputes between the citizen and the state. The courts apply the laws enacted by Parliament, and Parliament can make, amend and repeal legislation as it thinks fit.

[Ian Lucas (Wrexham) (Lab)]

Given the increase in judicial activism and, in particular, legislative activism on the part of the judiciary, is it not important for us to examine much more closely the qualifications and background of the individuals who are making these decisions, so that we can ensure that the judiciary is much more representative of the society from which we all come?

[The Solicitor-General]

That is a point of view. I tend to think that judges ought to be highly professional, legally qualified and of the highest intellect. If the hon. Gentleman takes a different view, perhaps he will let us know.

Fixed-term Parliaments Bill

Ian C. Lucas Excerpts

Wednesday 24th November 2010 Commons Chamber

[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—

Fixed-term Parliaments Bill

Ian C. Lucas Excerpts

Tuesday 16th November 2010 Commons Chamber

[Austin Mitchell]

The second Attlee Government lasted from 1950 to 1951. However, that was an attempt to detour me and I do not want to be detoured down all the happy little roads that Government Members would rather turn us into.

I think that four years is perfectly acceptable. It would be good and I would be happy to support—indeed, I will support—that amendment. Three years would be better. It is not a downward option—it is not like the old programme that Yorkshire Television used to do, so that we go five, four, “3-2-1”. I will not go as low as the Chartists’ demand for annual Parliaments; I am staying at three. Around the world, a pattern can be seen—the more democratic the society and the polity, the more frequent and regular are the elections. I would put at the head of that democratic tree Australia and New Zealand, which have three-year Parliaments that work happily. I used to write about New Zealand that if there was a seizure of power by the Chinese Communists, New Zealanders would still be standing outside the polls in November of every third year ready to vote because they have the conditioned habit of voting. It is a good conditioned habit and three years is a good term.

[Ian Lucas (Wrexham) (Lab)]

Is not the important point about this Bill the fact that it is a five-year Parliament Bill?

[Austin Mitchell]

Yes.

[Ian Lucas]

That is the key issue for the Liberal Democrats and the Tories. They do not care whether it is a fixed Parliament or not, but it has to be five years in order to preserve their political position.

Parliamentary Voting System and Constituencies Bill

Ian C. Lucas Excerpts

Tuesday 2nd November 2010 Commons Chamber

[The Deputy Prime Minister]

As the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), explained this afternoon, we have made no decision on the matter other than to state the obvious point, which was first stated by the previous Government, that we will need to act in accordance with the law. We are still debating exactly how and when to do that, and we will make announcements as soon as we can.

I am sure I do not need to remind Members of the damage that was done by the expenses scandal, which lifted the lid on a culture of secrecy, arrogance and remoteness right at the heart of the democracy. The coalition Government are determined to turn the page on that political culture and give people a political system that they can trust. That is why we have set out a programme for wholesale political reform. We are starting with this Bill, which, through its commitment to fairness and choice, corrects fundamental injustices in how people elect their MPs.

[Ian Lucas (Wrexham) (Lab)]

The Deputy Prime Minister makes the important point that we need to ensure that we reconnect with communities. How will the removal of public inquiries, and therefore of the right of individuals and communities to make oral representations on the most profound boundary changes for 150 years, reconnect Parliament with individuals and communities?

[The Deputy Prime Minister]

As the hon. Gentleman knows, the Bill provides for a significant extension—actually a tripling—of the time during which people can make written representations.

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[Ian Lucas]

indicated dissent.

[The Deputy Prime Minister]

The hon. Gentleman might shake his head and dismiss the idea of people making written representations, but they will not end up in the bin. They are an effective means by which people can make their views heard, and I am sure he will take up that opportunity if he wishes to.

Combined with our other reforms—fixed-term Parliaments, a new power of recall, and reform of the other place—the Bill will help us close the gap between people and politics, ensuring that our institutions meet expectations and are fit for a modern 21st-century democracy.

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[Ian Lucas]

When Labour came to power in 1997, it began a major programme of constitutional reform. At its heart was devolution in Scotland and Wales. Labour’s proposals in Scotland were based on the cross-party constitutional convention. In both Scotland and Wales, after referendums, it introduced voting systems that guaranteed representation for the Tories in the Scottish Parliament and the National Assembly for Wales at a time when they had no representation there in Parliament. The political system also ensured that the Liberal Democrats had representation.

We may contrast that with the approach that we have seen from the Tories and their Liberal Democrat lapdogs in this disgraceful Bill. It has no basis in manifestos, and there was no draft legislation, no consultation with Opposition parties and no discussion with the elected representatives of devolved institutions. It removes the right of constituents to make representations on the biggest ever change in the boundaries relating to their communities. That is an absolute disgrace and a catalogue of decisions that the coalition parties should be ashamed of. Fundamental constitutional change is being imposed for partisan political reasons, with a timetable devised to secure maximum political advantage for the Tories and the Liberal Democrats.

The consideration of the Bill has been a cynical outrage. We have had Liberal Democrats voting against the single transferable vote and Tories voting in favour of taking away the right of local people to speak out in public inquiries when fundamental changes are made to their boundaries and communities. What does that say about Tories and Liberal Democrats empowering individuals and communities? As an MP from Wales, albeit an English one, I have seen the contempt for Wales that drives Welsh people into the arms of nationalists.

The Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), and the Deputy Leader of the House have no understanding of the constitution of the United Kingdom. They ignore the asymmetric devolution that we have in the United Kingdom, and they take no account of the views of the peoples of the devolved nations who have voted in different referendums—in Northern Ireland, Scotland and Wales—to establish our constitution and they are now being ridden roughshod over without any electoral mandate.

What is even worse is that the supine Secretaries of State for Scotland, Wales and Northern Ireland and, yet again, the Welsh Ministers do not care. Where are they? The reason they do not care is that Wales and Scotland are irrelevant to the Tories. The Tories do not care what Welsh MPs think. This Bill will be pressed through. It does not matter what MPs, Assembly Members or Members of the Scottish Parliament say.

This Bill is contemptuous. It is designed to secure partisan advantage for the Tories and their allies. It has been railroaded through on a timetable constructed to maximise political advantage, and to ensure that it gets through before the next general election, and that is all that the Government care about. It changes the constitution for short-term political gain, without the consent of the peoples of the UK. The coalition parties will rue the day that this Bill was ever passed. It is the antithesis of everything that good legislation should be about. It shows this Government for what they are—dissembling, self-serving and dictatorial. Those who support them should be ashamed of themselves.

Parliamentary Voting System and Constituencies Bill

Ian C. Lucas Excerpts

Monday 25th October 2010 Commons Chamber

[Chris Bryant]

It seems slightly odd to go to 36 days because there is no specific definition of the date of publication. Of course, the hon. Gentleman is right that if the Christmas edition of a monthly publication is published around 15 November—after doubtless being written around 15 July—there might be more than 26 days between it and the next edition. However, large elements of the Defamation Act have been repealed, although the precise definition of newspaper seems still to exist. The territorial extent of that Act is not only England and Ireland, but Wales and Scotland.

Election law has for some considerable time made allowance for newspapers and periodicals so that, for example, an edition of The Times that advocates people voting Conservative or The Guardian bizarrely supporting the Liberal Democrats in a general election are not suddenly caught for election expenditure. I understand that, but the new clause needs greater clarity, not least because many more people now engage in publication. Under the 1881 Act, people had to be licensed to do that. Today, anybody can publish, and there is no specification in law of the number of copies that must be published, only of the frequency. I do not know whether the Parliamentary Secretary’s Conservative association produces a regular newsletter. Whether it is counted as a newspaper or periodical is of material significance to election expenditure.

I therefore hope that the Parliamentary Secretary can first explain his understanding of newspaper or periodical and from where he derives the definition, not least because the new clause does not refer to the derivation of the interpretation.

Secondly, subsection (b) of new clause 19 refers to

“a broadcast made by the British Broadcasting Corporation”

or Channel 4, but Channel 4 is going to be part of the BBC in the near future—

[Ian Lucas (Wrexham) (Lab)]

S4C.

[Chris Bryant]

Sorry, S4C, not Channel 4. S4C is going to be part of the BBC in the near future. I presume that subsection (b), which might be presumed at a later date to transfer to other referendums, would not be disturbed by the congruence of the two organisations, I think in 2013-14.

Subsection (b) also uses the term “broadcast”, a word that, in legislation, specifically refers to broadcasting from one to many points. That is to say, the broadcaster does not determine the precise number of people who receive a programme, network or channel, as opposed to cable, which has never before been referred to as broadcasting, because it is point-to-point. That is to say, the cable organisation knows exactly where the programme is going, because there is a direct connection between A and B, as opposed to what happens in terrestrial broadcasting, whether digital or otherwise. That is why the Communications Act 2003 has separate provisions for broadcasting and cable. I would be grateful if the Minister could clarify that when he says “broadcast” he does not just mean broadcasting, but includes cable and the provision of any such programme via any other means.

I ask that because subsection (c) refers explicitly to

“a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996”.

I do not understand why subsection (b) refers to a broadcast—as opposed to either a programme provided by the two organisations listed or one included in any service provided by them—and it contrasts with how subsection (c) has been constructed. In addition, there is an issue relating to the provision of party political broadcasts, because there will be a different level of provision of party election broadcasts in Wales, Northern Ireland and Scotland, as a result of the elections being held there, from that provided in England during the run-up to the referendum and the short campaign for those elections. I suppose that any of the political parties in those areas could decide that it wanted to major on the alternative vote provisions and the referendum in its party election broadcast, and therefore might be considered to be in conflict with the provisions under the terms of the 2000 Act or the Broadcasting Act 1990.

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[Chris Bryant]

My hon. Friend is absolutely right. One sadness about the way in which the business ends up having to be transacted today is that because the Government have constructed this in the form of a new clause with four new schedules attendant upon it, the votes on the schedules will be separated from the votes on the new clause—unless, Ms Primarolo, you are going to allow us to proceed in a slightly different way from how these matters are normally conducted. I understand that we will end up having a debate on new clause 7 before we proceed to votes on the new schedules, rather than having a separate debate on the new schedules. That is precisely because of how the Government have constructed their approach to the amendments.

It is also worth pointing out that the Government have not put minor amendments before us today. New schedule 2, which refers to England, is 35 pages long, as is new schedule 3, which relates to Wales. New schedule 4 is 37 pages long—Scotland gets rather more than Wales or England—and new schedule 5, on Northern Ireland, is just 19 pages long. I presume that the Minister’s final throwaway comments on postal voting in Northern Ireland, which he made swiftly at the end of his speech, are why the number of pages on Northern Ireland is substantially smaller than the number on Scotland and Wales, and that he intends to introduce significant amendments at a later stage. Obviously, I do not believe that that should be next week—I think it should be once the statutory instruments have been considered and, if necessary, approved. However, that is all the more reason for us to ensure that the Northern Ireland statutory instrument is debated on the Floor of the House before Report.

[Ian Lucas]

One particular aspect of the franchise relating to the alternative vote referendum and the Welsh Assembly and Scottish Parliament elections concerns me. Is the referendum franchise made up of the same franchise as the general election or as the Assembly election? As my hon. Friend will know, those two franchises are different.

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[Chris Bryant]

My hon. Friend is absolutely right. Unfortunately, this is one issue on which, notwithstanding the changes that have taken place in relation to the Backbench Business Committee, there has not been much change of heart in the way that business is brought before the House. Government Members say that Labour was appalling when it was in government because it took things through at too great a speed and sometimes did not allow enough time for consultation, but they have been preaching to us since May about the new politics. I should have thought, in the context of the new politics, that major, significant constitutional reform that will affect different parts of the Union in different ways and that will change in myriad ways the way in which the House is elected should be given proper time. That means proceeding more like a stately galleon than a coyote.

[Ian Lucas]

My hon. Friend makes an excellent point. Does he agree that the consultation is even more important because the proposal for the alternative vote referendum was in neither the Liberal Democrat nor the Conservative manifesto and because there is no electoral mandate for it?

[Chris Bryant]

Again, I agree with my hon. Friend: the Bill was in nobody’s manifesto and that is why it seems like a piece of kebab legislation. It has been bunged together to provide the Araldite that the coalition otherwise would not have.