Constitutional Convention

Lord Howarth of Newport Excerpts

Thursday 13th December 2018 Lords Chamber

[Lord Howarth of Newport (Lab)]

My Lords, it is an honour tinged with much sadness for me to follow the noble Lord’s valedictory speech. He was heard today, as he has been throughout his years in Parliament, with interest, respect and affection. He has been valued in both Houses of Parliament for his good sense, his expertise, his courtesy and his evident passion for the good of the country. I have known the noble Lord since 1983 and I have always been in some awe of him. He was an Olympic athlete, a sprinter, but in politics he has been noted not only for his speed but for his stamina. As he told your Lordships, he represented and served his constituents in Worthing in the House of Commons for 33 years.

Then the noble Lord came to your Lordships’ House and, as he mentioned, for part of his period in this House he took the opposition brief for work and pensions. I was very touched by what he said about my noble friend Lady Hollis. I know that she relished such a worthy opponent across the Dispatch Box, how highly she rated him and how fond she was of him.

It has been my good fortune for the 13 years past to share an office with the noble Lord. He has been a kind friend and a wise counsellor to me during that time, and he takes no responsibility for the occasional extravagance of my views. I have noticed that he has experienced, as I have, some bafflement with the parliamentary IT system. I hope it is not the arrival of the new telephones that has finally driven him out. I imagine that he is really retiring for the natural and proper reason that at his age he wants to spend more time playing golf. Whatever the reason why he has chosen to retire, we wish him well and hope that he will still come and see us often.

[Noble Lords]

Hear, hear!

[Lord Howarth of Newport]

My Lords, as my noble friend Lord Foulkes has said, constitutional challenges abound. He said that this was not to be a debate on Brexit, but Brexit is a giant constitutional issue. He would have his constitutional convention address issues of democratic accountability, but we Brexiters seek to escape the democratic deficit of the EU. My noble friend really should not be such an ardent remainer; I think he should reconsider his position and perhaps see the virtues of leaving after all.

In the process of leaving, facilitated—though that hardly seems the right word—by a referendum, we have seen the nations of the UK split asunder and we are seeing Parliament floundering as it seeks to acquit itself of its responsibilities, floundering perhaps particularly because there is a conflict between two democratic principles: the principle of direct democracy, as expressed in the referendum; and the principle of indirect democracy, which is the customary mode in our parliamentary government.

That is one colossal issue, but other great issues arise out of the disproportionate centralisation of power and economic strength in London. We have had the development of the move for Scottish independence and, as my noble friend described, the uncertain and fitful progress of devolution in England. Even more important is the atrophying of local government, which has long seemed a profoundly important problem because, unless we have vigorous local government, our democratic culture withers at its roots.

We see the crisis of our justice system brought about by wanton austerity. I also consider to be a constitutional issue the mismatch between the needs of the media and the needs of our democracy, the trivialisation of public debate, the decline of the local press and the disintegration and—arguably—subversion of our political culture by social media. These are hugely important and hugely difficult issues. Is the right way to address them by means of a UK-wide constitutional convention?

If it were to be a convention of academics and think tanks, perhaps with the participation of Select Committees in both Houses, that would be very valuable. They would articulate the issues and help to educate the politicians who have to take decisions.

The convention as proposed is really a variant of a royal commission. Of course, there was the Kilbrandon commission, which sat for four years between 1969 and 1973. It produced 16 volumes of evidence and 10 research papers. I read an article in the Liverpool Law Review of October 2017, which stated:

“Largely forgotten is the work of the Kilbrandon Commission, established to consider the allocation of executive and legislative power within the UK”.


I am not persuaded that a convention would necessarily be an improvement on a royal commission, and it is my hope that the Labour Party would not repeat its manifesto pledge to set up such a convention. It would be unwise for any Government to commit themselves to a blueprint for wholesale constitutional reform. The clever and enthusiastic members of the convention would certainly get it wrong. They would be unable to foresee the developments that lay ahead.

My noble friend takes the Scottish convention as an encouraging precedent, and undoubtedly it did useful work. It is a good thing that we have a Scottish Parliament but, as his national poet wrote, the best-laid plans “Gang aft agley”. It was forecast by an eminent Labour politician that devolution would kill nationalism stone dead, but nationalism is a long time petrifying. It was not supposed to work out like this, but the SNP secured a majority in the Scottish Parliament. The independence referendum took place in 2014, generating bitter emotions, and the possibility of a second independence referendum hangs like a sword of Damocles over Scottish politics and the union.

If it was difficult in Scotland, a small country where everybody knows everybody else and where the issues are relatively contained, how much more difficult would it be to get it right if we held a constitutional convention on a UK-wide basis? The scale and the complexity of the problems would be impossible to wrestle with.

Another fear that I have is that it would be almost inevitable that such a convention would propose a written constitution. If you have had a revolution or devastation by total war, it makes sense to start again in year zero, as it were. But I devoutly hope that that is not our case, and we see that written constitutions do not always produce the satisfaction that their authors hope. The European Union was ambitious to have a written constitution, but that was turned down by referendums in France and the Netherlands. None the less, a written constitution was sneaked back in in the treaty of Lisbon. I see no evidence that the existence of a written quasi-constitution has better enabled the European Union to address itself to the great intractable problems of immigration or the malfunctioning of the euro.

In this matter, I am a Burkeian. I believe that constitutional change should be organic. That wise Whig, Lord Holland, when asked by the Neapolitan revolutionaries whether he would be so good as to equip them with a draft constitution, responded, “You might as well ask me to build you a tree”. The way to approach constitutional change is incremental, by reform that is responsive to political events and pressures and that moves forward selectively and is expedient. We should develop our constitution by building on centuries of experience, by testing ideas and the structures of power, and by taking account of changes in public engagement, the varying perceptions of people across the country and their developing aspirations. Cumulatively, we should gain consent.

Preoccupation with constitutional reform is a displacement activity. Re-engineering the constitution is no substitute for good government, in which political leaders address the problems that people really care about and which produces shared prosperity and optimism about the future of the country.

Palace of Westminster: Restoration and Renewal

Lord Howarth of Newport Excerpts

Monday 3rd December 2018 Lords Chamber

[Lord Young of Cookham]

My Lords, ownership and responsibility for Richmond House has now been transferred to the other place, where it forms part of its northern estate strategy. The other place is now looking at how Richmond House might be reconfigured to meet its needs. Any changes will require planning permission and listed building consent, and the other place is working very closely with Historic England in view of the importance of the building, which my noble friend has rightly pointed out.

[Lord Howarth of Newport (Lab)]

Does the Minister recall that when Richmond House was built 30 years ago, it was greatly admired; and as the noble Baroness has just said, it is only three years ago that it was listed grade 2*? The Minister talked delicately about reconfiguring, but would it not be an awful waste effectively to destroy the greater part of it to accommodate a temporary decant? Will he give the House an assurance that a full feasibility study of all other options will be carried out, including the suggestion that a temporary House of Commons Chamber be erected in the atrium of Portcullis House put forward by its architect, Sir Michael Hopkins?

[Lord Young of Cookham]

That suggestion by Sir Michael Hopkins was looked at by the Joint Committee and discounted for the reasons it has set out. As I said in response to my noble friend, the responsibility for Richmond House now rests with the other place because it is the legal owner. It will take on board the heritage issues which have just been mentioned. The building was, of course, substantially reconfigured in the 1980s before it became the headquarters for the Department of Health.

Elections: Electoral Commission Recommendations

Lord Howarth of Newport Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord Young of Cookham]

The noble Lord raises a serious issue. I do not know whether he has had the time to read the Electoral Commission’s report on digital campaigning, subtitled Increasing Transparency for Voters, but it makes recommendations on the specific areas he raised. There are a series of recommendations about foreign involvement in the democratic process and recommendations about transparency on where money has come from, with particular injunctions on the social media to make it clear, when they put advertisements on their sites, who has paid for them. This is an important issue and to some extent it is embraced in the report I just referred to.

[Lord Howarth of Newport (Lab)]

My Lords, have the Government considered what additional resources and capacities the Electoral Commission may need if it is to address effectively the difficult and complex question of abuses of digital campaigning?

[Lord Young of Cookham]

The Electoral Commission is not funded by the Government. As the noble Lord may know from his experience in another place, there is an Electoral Commission committee that sits under the Speaker. That committee in the other place is responsible for fixing the budget for the Electoral Commission. I am not aware that there has been a recent dispute between the Electoral Commission and the Speaker’s committee about resources, so as far as I am aware the Electoral Commission has the resources it believes it needs to do its job.

Elections: Personal Data

Lord Howarth of Newport Excerpts

Wednesday 18th April 2018 Lords Chamber

[Lord Young of Cookham]

I begin by endorsing what the noble Lord has just said and deploring any language that incites racial hatred or, indeed, any other form of hatred in this country. He will know that the Information Commissioner is investigating exactly this issue of whether information has been improperly used to seek to influence the outcome of an election or a referendum. I made it clear in response to the noble Lord that we are in active dialogue with the Information Commissioner. We have already accepted some amendments to the Data Protection Bill which is currently in another place. We are prepared to do so again if it is necessary to deal with any inadequacies in the legislation.

[Lord Howarth of Newport (Lab)]

My Lords, does the Minister agree that this is a global problem that cannot be resolved on a one-country basis? If the Electoral Commission is to have additional powers, which I am sure it is going to need, how are the Government going to approach the broader issue and try to reach international agreement to tackle this extremely grave issue? There really is a threat to our democracy, I believe.

[Lord Young of Cookham]

Of course, we can have our own rules governing how elections are conducted in this country, and any outside organisation would have to comply with the law here. However, to respond to the good point that the noble Lord makes, we are actively engaged with the commission on its public consultation on the back of its recommendation for measures to effectively tackle illegal content online that it published in March this year. We are going to play a full and active part in shaping the ongoing commission work that follows publication of the voluntary guidance. I return to what I said right at the beginning: regardless of what is happening in the rest of the world, we can have a robust electoral system in this country, not least because we have manual counting and, on the whole, manual voting, which are less vulnerable to corruption.

Cannabis

Lord Howarth of Newport Excerpts

Monday 12th March 2018 Lords Chamber

[Lord Howarth of Newport (Lab)]

My Lords, will the Minister encourage his ministerial colleagues in the Home Office to review the present policy of the department in relation to patients who have been prescribed dronabinol, the active ingredient in various pharmaceutical cannabinoid preparations, which requires that they travel abroad to obtain it, even though dronabinol is in Schedule 2 and is internationally recognised as having medicinal value? Why do the Government not allow these patients, who if they do not have their cannabis-based medication suffer chronic and severe pain, to collect their prescription from a local pharmacy instead of forcing them to make this exhausting and costly journey every three months?

[Lord Young of Cookham]

I am very happy to respond to the noble Lord’s opening question, namely to pass his request on. We are guided in this country by the MHRA, the authority that advises government on whether medicines should have a licence.

House of Lords (Hereditary Peers) (Abolition of By-Elections) Bill [HL]

Lord Howarth of Newport Excerpts

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[Lord Trefgarne (Con)]

My Lords, as the noble Lord, Lord Grocott, has said, this Bill is very similar, if not identical, to the one he introduced about a year ago, which eventually did not pass. I am afraid that my position on this Bill is very much the same as it was on the last one, so I apologise if what I now say is something of a repetition of what I said last year.

All this goes back to the House of Lords Act 1999. At that time, your Lordships’ House was some 1,200-strong: split roughly half and half between hereditary Peers and life Peers. The Bill of that year, as originally introduced, simply removed all hereditary Peers from your Lordships’ House without any qualification. That proposed Bill inevitably met serious opposition in your Lordships’ House. Indeed, given the political numbers of that time, doubtless the Opposition could have rejected the Bill outright. However, Lord Weatherill, assisted by Lord Cranborne—now the Marquess of Salisbury—and my noble friend Lord Strathclyde, was able to persuade the then Government that a deal needed to be done, which it was, to the effect that 92 hereditary Peers would remain, topped up as necessary through by-elections until such time as House of Lords reform was complete.

The then Lord Chancellor, the noble and learned Lord, Lord Irvine, declared that agreement to be,

“binding in honour on those who gave their assent to it”.—[Official Report, 30/3/99; col. 205.]

Your Lordships may ask what was meant by “complete” House of Lords reform. I would say that the Bill introduced back in 2012 by the then coalition Government was indeed just that. Had that Bill reached the statute book, it would have been the end of the 1999 agreement. Unfortunately, that Bill did not pass through the other place and no further attempts of that nature have been made since.

There is now talk of further reform, for example along the lines proposed by my noble friends Lord Cormack and Lord Norton, which I would not necessarily oppose—not in principle, anyway. In addition to these ideas, as the noble Lord, Lord Grocott, has pointed out, the noble Lord, Lord Burns, is now chairing a Speaker’s Committee to examine the size of the House, which will surely have a bearing on the matter. I regret that that Committee does not include a hereditary Peer; but the noble Lord was good enough to agree that I and a couple of my hereditary colleagues could give evidence to his Committee, which we did. We look forward to his report.

[Lord Howarth of Newport (Lab)]

My Lords, I have noticed that the most ardent defenders of the status quo are certain noble Lords whose hereditary peerages are of the least antiquity. Is that because they hope that the effluxion of time will clothe them as legislators in some flimsy legitimacy?

[Lord Trefgarne]

I would have to reflect on that question before I answered it.

My Lords, against the background I have described, I have to say that the Bill of the noble Lord, Lord Grocott, is inappropriate and untimely. I shall do my best to persuade your Lordships accordingly.