Queen's Speech Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Queen's Speech

Lord Graham of Edmonton Excerpts
Thursday 27th May 2010

(14 years ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Graham of Edmonton Portrait Lord Graham of Edmonton
- Hansard - -

My Lords, I welcome the phrase, “It is better to be right than to be rushed”, which guides what I want to say in this important debate. Since 6 May, whenever David Cameron or Nick Clegg has spoken, it has always been in the national interest, never in the interests of the Conservative Party or of the Liberal Democrats. They have tried to give the impression that what was in the interests of the Conservatives and the Liberal Democrats was in the national interest and that any party with a different view was not speaking or proposing actions in the national interest. I do not intend to leave questions hanging in the air when I sit down because I need to give a lot more thought to the generality of constitutional change, but I speak with experience, having been the opposition Chief Whip between 1990 and 1997. I was also in the Whips’ Office in the Commons on 31 March 1979 when Labour went down by one vote. Immediately the Prime Minister went to the country to ask for an endorsement.

The arguments that we have heard all have merit, but I think that the coalition parties are so determined—or so frightened of each other—that they want to fix the parliamentary arithmetic so that whatever happens they are guaranteed to remain in office. I give one or two figures. You do not have to look into a crystal ball to recognise what the Conservative Party has done in the past. Given that I was the Chief Whip, I am perhaps more a figures man than a policy man, but the House will be interested to hear about some figures that pertained when Labour was in power between 1974 and 1979. In 1975-6, there were 146 Divisions, of which the Government of the day lost 126. Of course, you might say that that was because rotten policies were involved. However, in 1981-2, there was the same number of Divisions, 146, but the Government lost only seven of them. You can stretch the imagination and say that that was the luck of the draw and that different policies were involved, but we know that the figures are the product of the composition of the House at the time.

In 1988-9, there were 189 Divisions, of which the Government lost 12. I am grateful to the Library for having provided me with these figures. In 2002-3, there were 226 Divisions, of which the Labour Government lost 68. In 2005-6, there were 192 Divisions, of which the Government lost 62. Even in the Session that has just ended, there were 43 Divisions, of which the Government lost 14. By and large, the previous Government won two Divisions and lost one. Those figures are remarkable.

As regards the composition of the House, when I ceased to be the Chief Whip in 1997, there were 116 Labour Peers and 477 Conservative Peers. You might say that it should not be like that if we claim to be part of a democratic process. In 1991-2, there were 115 Labour Peers and 451 Conservative Peers. That again indicates not just the size of the disparity but its consistency. I am not privy to any information other than that which I read and listen to, but if a case is being made for doing something about numbers, why does one need more Members—unless it is for a political fix—when the present composition of the House guarantees the coalition Government their say?

In 1998-9—just before the Lords Bill—there were 1,210 Members of this House, 484 of whom took the Conservative Whip and 193 of whom were Labour. Tony Blair and the Labour Government said that that disparity had to be corrected and it was. They increased the number of Labour Peers from 116 in 1996 to 201 in 1999. I invite noble Lords to ask for the relevant papers, but rough parity was achieved. My noble friend Lord Grocott made an interesting point in that regard. There was an unwritten understanding that what one needed was parity, particularly between the Conservative and Labour Benches. We now have something like parity, around the 200 mark. However, there were 200 Labour Members when there was a Labour Government and a House of 700 Members. The then Government had 500 potential opponents. We never tried to increase our number above about 200 and we know of the various changes that brought more people on to the Cross Benches.

We need to be careful when we look at these changes. If we are honest—I accept that we are honest politically—we must accept that we are faced with a naked attempt not only to bolster those in office but to try to ensure that they are never driven out of office again. As far as I am concerned, the Conservative and Liberal coalition Government need to be very careful before they overstep the mark and are seen to be cynically manipulating the constitution.

--- Later in debate ---
Lord Tyler Portrait Lord Tyler
- Hansard - - - Excerpts

That was not the point that was being made earlier today or on Tuesday. The conventions were referred to. I served on the Joint Committee on Conventions. It is simply not true that the conventions are as were described on Tuesday and today. I certainly agree that we must review them, but it is not true that the conventions meant, as was stated on Tuesday, that the Salisbury/Addison agreement, which was an agreement between only two parties, still stands today. That is simply not true.

We have had a discussion about the threshold for Dissolution. I can tell your Lordships’ House that the original idea was to adopt the Scottish 66 per cent. As has been implied, that is indeed the custom elsewhere, but it was sensibly decided that that percentage was excessive. For those who do not understand the difference between a vote of confidence and the Dissolution of the House, I should draw attention to the sensible—as one would expect—contribution by the noble and learned Lord, Lord Mackay of Clashfern. These are different issues. What is important at this stage is that this is the first Prime Minister who has been prepared to give up the right to call a general election when it suited his party’s advantage. That was not, of course, the case with the previous Prime Minister, who only dallied with the idea of a fixed-term Parliament during the fifth year of the Parliament.

Lord Graham of Edmonton Portrait Lord Graham of Edmonton
- Hansard - -

If the noble Lord is pleading the case that this is the first Prime Minister to give up the right to call an election, surely he would agree that that was in exchange for a guarantee that he would not face the country until the end of a five-year Parliament.

Lord Tyler Portrait Lord Tyler
- Hansard - - - Excerpts

I am not yet in a position to give any undertaking on behalf of the Prime Minister. I hope that I will be given injury time, because I seem to be provoking a certain amount of difference.

I sincerely hope that my colleagues and friends on the opposite side of the House and in the other place will not fall into thinking that we are simply back where we were before 6 May. The electorate have spoken and I very much hope that the new leader of the Labour Party will not dance to the tune of Labour reactionaries in both Houses. We need cohesion but also continuity and consistency in this Parliament if we are to deal with the economic problems that our nation faces. It is simply untrue, as has been suggested, that somehow any form of electoral reform will necessarily lead to an increase in the occasions when we have no overall majority in the other place. As Professor John Curtice, the most influential of all psephologists, has pointed out, first past the post is likely to deliver that, too.

We had the 2008 White Paper on Lords reform and there was a great deal of agreement. I hope that we can build on that and I understand and undertake to pursue as fast as I am able to—as one Member of your Lordships’ House—the idea that the next full stage should be done as a public discussion of the options that still remain within the context of pre-legislative scrutiny. The great advantage of that is that the public can be involved, in a public way, in a discussion of the options. Relatively few issues need to be resolved, but it is not fair, right or proper for Members of your Lordships’ House to suggest that we are rushing into this. I remind them that your Lordships’ House and the other place passed the Parliament Act 1911 with the preamble that it would,

“substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis”.

That has hardly been rushed.

Finally, I turn to the role of your Lordships’ House. Yes, of course we need to undertake the most effective scrutiny on all these issues. There should be no shilly-shally. That is quite right. However, since the coalition has now guaranteed that it will pursue the whole Tony Wright agenda for reforms of the Commons, it is surely right that the exercise referred to by the noble Lord, Lord Filkin, and others, stimulated by the Lord Speaker under the title “Strengthening Parliament”, should be advanced as quickly as it can be. I, too, was glad to hear what was said from the Front Bench.

The contribution by the noble Lord, Lord Bichard, and the contribution over many months by the Institute for Government on improving the way in which we operate—both Houses, all Parliament working together holding the Executive to account—demand a radical review. I hope that that will happen, because the core problem of restoring public trust and confidence remains with us.