House of Lords Reform Bill

Tom Clarke Excerpts

Tuesday 10th July 2012 Commons Chamber

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

Like my hon. Friend the Member for Stockport (Ann Coffey) and others, I served on the Joint Committee on the draft House of Lords Reform Bill and so have heard much evidence on the future of the House of Lords, but I want to refer later to the impact of all these proposals, and perhaps others, on the future of the House of Commons.

When I came into the Chamber this afternoon, I was of a mind—I still am—to support those on my Front Bench and vote for the Bill on Second Reading, but the more I see of the shenanigans on the Government Benches, including what has happened this afternoon on the programme motion, the more I wonder whether I am making the right decision.

What I do believe to be right, and my reason for serving on the Joint Committee, is that there is indeed a challenge and an opportunity for us to look at the House of Lords and come up with better ideas than have emerged thus far. I am comforted in that by “Erskine May”, and my interpretation of what he wrote is that if the Bill collapses, it is unlikely that a similar Bill will be accepted for a long time to come.

The Bill is imperfect. The alternative report, which I signed, indicated some of the difficulties, some of the arguments not addressed and some of the issues that should be put before this House. I came here today to support the Bill’s Second Reading, to support very strongly the referendum and to oppose a programme motion. Whatever else might be said today and whatever other changes might be made, that remains broadly my approach to the matter.

The alternative report to which I have referred was extremely helpful, and I am sorry that Members have not heard more about it. It mentioned, for example, the Scottish Constitutional Convention and its preparations for the Scottish Parliament. The convention called on the whole of civic society, including politicians, Churches, trade unions, community councils and many others, and on that basis of wide consultation we have the Scottish Parliament as it is today. Why, then, can we reasonably object to the referendum that these issues invite? Do we not trust the people? Time and again we are urged to listen to what people are saying, which I think is right. I hope that the alternative report helped to clarify matters. It did so to the extent that, on the advice of Lord Pannick and Lord Goldsmith—paragraph 227 of the report is the relevant part—reference to the Parliament Acts was included in the new Bill before us in an attempt to make greater sense of the matter.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

My right hon. Friend’s reference to Scottish devolution is particularly appropriate in relation to a referendum. The Deputy Prime Minister said earlier today that the case for House of Lords reform was so big that no referendum was needed, yet my right hon. Friend has correctly highlighted the fact that, despite the strength of support for devolution in Scotland, the referendum procedure was still used there. It was used not so much to endorse that change, but to embed it. With an unwritten constitution, it is that embedding of a change that I think is most important.

[Mr Clarke]

My hon. Friend makes a valid point, and one that is worthy of more consideration.

The Joint Committee sought to serve both Houses in our report, and we were a very mixed group, including independents, Conservatives and Lib Dems. I note that its Lib Dem members voted the whole way throughout the Committee’s considerations, which leads me to think that there might just be another agenda, and some of us have drawn attention to that this afternoon. A number of us signed the alternative report, including six Privy Counsellors and the Bishop of Leicester, the Convenor of the Lords Spiritual. He said that it was not enough simply to talk about bishops because we ought to be dealing with inter-faith matters. This is a diverse society. The House of Commons has not as yet reflected that, but if we get the opportunity to do so in the House of Lords, we ought to take it.

I complained yesterday in an intervention on the Deputy Prime Minister, to which he responded inadequately, that the Joint Committee did not even have the opportunity to consider costs. Even today the Government have been very reticent in the information they have given the House. They refer to the Bill, but it leaves most of the decisions to the Independent Parliamentary Standards Authority. There are varying levels of respect for IPSA in this House, but whether that is the right way to go in these matters is worthy of more thought.

[Mrs Laing]

Does the right hon. Gentleman agree that it is simply wrong that the Joint Committee’s report and the alternative report have never been debated in this House and that the debate we are having right now is about the narrow confines of the Bill, rather than the whole issue of parliamentary reform, and does he agree that we need a constitutional convention?

--- Later in debate ---

[Mr Clarke]

I absolutely agree with the hon. Lady and respect her contribution to the Joint Committee. Like me, she signed the alternative report. I think that we were entitled, and that that House is entitled, to consider the validity of elected Members in both Houses. If the Government succeed in taking the Bill forward, I think that it would be naive in the extreme to think that we could have another largely elected House that would be prepared simply to accept what we have to offer without saying, “Look. We were elected as well.” In some cases its Members will be elected by millions of people, in contrast to the small number who might have elected some of us. So concerned were the Government about those small numbers in this place that, almost without a whimper, we are approaching a situation in which the number of Members elected democratically to this House will be reduced by 50—hardly a democratic way of dealing with modern Britain.

I believe that the legislation governing the relationship between the House of Commons and the House of Lords, or whatever follows it, should include codified mechanisms for conflict resolution. I do not believe that existing conventions are enough, as I think we can see in the United States of America. Despite its difficulties, the House of Representatives found that when things changed it was less important than it had thought it was, and that is something we ought to bear in mind.

We have an opportunity in both Houses. The challenge is there for us to ensure that democratic, representative government applies to every part of our legislature. However, the Joint Committee could not even have the advice of the Attorney-General—my heavens, if there are criticisms of us I would accept that one—but this House is entitled to that advice. I will end on this point: some people ask whether this is the right time, but my question is whether this is the right Bill. On the evidence I have seen so far, it is not.

--- Later in debate ---

[Graeme Morrice (Livingston) (Lab)]

There can be little doubt that House of Lords reform is pretty low down people’s list of priorities, political or otherwise, but it is important to recognise that the reforms in the Bill, albeit that there is much in it that could be improved—that is an understatement—go right to the heart of how our democracy functions and how we conduct politics in this country.

With the public’s opinion of politicians still at rock bottom, this debate on reforming the second Chamber offers us a chance to present our political process in a new, more modern and transparent way, which will, hopefully, prove attractive to many people. As has been widely pointed out in the debate so far, all three of the main political parties broadly agree on the need for reform—an opportunity that, on balance, it is right for us to seize and make the most of. If we accept that it is important to make this change, we also need to take whatever time is required to make sure that we get it right.

I will focus the rest of my remarks on just three of the many important issues covered by the Bill. First is the question of whether the final reform package agreed by Parliament should be put to the public. Labour’s manifesto was clear on that: we stated that we would put reform proposals

“to the people in a referendum”.

[Mr Tom Clarke]

In Scotland, we had the convention, then an Act of Parliament was passed by this House and another place and then we had the referendum. Does my hon. Friend agree that that was the right way to deal with it?

--- Later in debate ---

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

This is a complex Bill, but at its heart there is of course a simple principle that those who make the laws for the people should be elected by the people, and that is why I shall certainly support the Bill’s Second Reading.

That principle of election, if it is to be made as real and as complete as possible, also requires accountability, and that is why I have grave reservations about the proposals for 15-year terms with no possibility of re-election. I shall look for amendments to that as the Bill makes its way—eventually—through the House.

I also do not see why election requires 450 Members in the reformed upper House. At an earlier stage, it was suggested that 300 would be sufficient, but even that is on the high side. If the new House is to have Members with a revising role but no constituency responsibilities, it does not need anything like the suggested 450 Members, and, if the number of Members of a second House were lower, some of the cost objections that have been raised would be less powerful both in this House in debate and in a referendum.

I support the principle of election, so I also agree with Opposition colleagues who argue against reserved places for Church of England bishops. Many bishops who attend the Lords do offer an independent and critical voice, and it has challenged over-mighty Governments of all parties, but such a challenge should come from those whose authority to speak is derived from election, not from appointment. As many Members have pointed out, the additional objection is that, by giving a privileged place to leaders of one faith group, we discriminate against every other faith group, let alone against agnostics and atheists.

I am glad that the programme motion has been sent away for another day, because it limited, as is normal, not only the total number of days for debate, but the subject for debate on each day. So there were bound to have been occasions when, because of statements or whatever, and after Front Benchers’ speeches, perhaps only six, seven, eight, nine or 10 Back Benchers would have been able to join in the debate, and that would have been unacceptable on an issue about which so many Members have strong views.

[Mr Tom Clarke]

Does my hon. Friend not agree that the Bill, in many cases and in many places, is opaque? For example, it does not indicate whether, in the other House that is going to emerge, Members will even be paid during the parliamentary recess. Given that so many questions are bound to be asked, it would be ridiculous to confine ourselves to a particular time limit.

[Mark Lazarowicz]

Indeed. As my hon. Friend the Member for Wallasey (Ms Eagle) said, given that the Bill might end up in exactly the same format going through under the Parliament Act procedures, it is vital that we get it right first time while it is here. It would be ironic if a measure that is designed to improve scrutiny ended up restricting scrutiny here in this Chamber.

The programme motion has been taken away, but that does not necessarily mean that the Bill will not go through this place, although it will certainly take longer to do so. If it does not go through, that will not be because of actions on the part of Labour Members, as some Liberal Democrat Members have suggested; it will be because the Conservative side of the coalition has pulled the rug from under its Lib Dem partners, and the Lib Dems will have to draw their own conclusions about the future of the coalition.

I want to say a few words in support of the call for a referendum. I have not always been as enthusiastic as some colleagues about the case for referendums on almost any constitutional change, but it is now broadly accepted that any major constitutional change should be submitted for endorsement to those it affects. Having seen referendums approved for much less significant changes than this one, I cannot see any argument against a referendum ultimately being agreed to as part of a final requirement of endorsement by the people.

I suspect that the real argument as to why the Government—certainly the Liberal Democrats—are against a referendum is that they fear, particularly after the experience of the AV referendum, that they would lose it. I draw a different conclusion from that experience from that which some Liberal Democrats seem to have reached. I supported AV and campaigned for it. However, in the case of the AV referendum, hardly anyone who campaigned for AV really believed that it was the ideal solution, and they did not give it any enthusiastic support. That is the danger that will face the Government if and when this matter comes to a referendum. [Interruption.]