Business of the House – in the House of Commons at 12:38 pm on 19 July 2007.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
12:38,
19 July 2007
With permission, Mr. Speaker, I should like to make a statement on the way forward on reform of the House of Lords.
On
In March, this House voted overwhelmingly—indeed, by a Majority of 113—for a wholly elected House of Lords. It backed by a margin of 38 a substantially elected House based on an 80 per cent. elected and a 20 per cent. appointed element. It also voted by a majority of 280 to remove the remaining hereditary peers. As part of a comprehensive package of reforms, the Government are committed to removing the anomaly of the remaining hereditary peers, in line with the will of this House.
As this House will be aware, at the same time the other place voted for a wholly appointed House by a majority of 240. My right hon. Friend the Prime Minister said in his statement of
Tomorrow in the other place Lord Steel's private Member's Bill on Lords reform will have its Second Reading. My noble Friend Lord Hunt of Kings Heath will expand on our response when he speaks in that debate; suffice it now to say that the Bill does not contain the comprehensive reform that is the clear will of this House.
The cross-party talks before the free votes were successful in building up a significant degree of consensus on a range of issues, as reflected in the white paper on House of Lords reform, which I published in February. I believe that this is the best way of proceeding. I shall continue to lead the cross-party talks, and since the free votes, we have held two further meetings. Given that all three main parties are committed by their manifestos to further reform of the House of Lords, it is right that the group should consist of Front-Bench representatives of the parties, as well as representatives from the Cross Benchers and the Lords Spiritual, but of course we want the widest possible consensus, and I intend to make arrangements so that we can take proper account of the views of all parliamentarians, including non-party independent Members, and interest groups and the public.
The White Paper adumbrated the view that the consensus was for a hybrid House involving a 50 per cent. elected and a 50 per cent. appointed element. However, since both Houses rejected that option—notwithstanding my advocacy of it, or perhaps because of my advocacy of it—we will have to proceed with remodelling our work based on an 80 per cent. or 100 per cent. elected House of Lords.
Although there is agreement on some of the areas outlined in the White Paper, there is still some way to go on some other issues. The group will discuss the outstanding elements of the reform package, including powers, electoral systems, financial packages, and the balance and size of the House, including diversity and gender issues. We will also need to discuss the transition towards a reformed House in detail, including the position of the existing life peers and the need for action to avoid gratuitously cutting Conservative party representation in the Lords when and if the remaining hereditary peers are removed.
Let me turn to the powers of a reformed House. The Government have always said that the balance of powers between the two Houses described by the excellent and recent Cunningham report should apply to a reformed House. Those powers are currently underpinned by some statutory provisions, standing orders and conventions. We undertook to look further at whether the current conventions were adequate to ensure the desired relationship with a reformed House, following the free votes.
Over the coming months, we will look at how best to deliver a substantially or wholly elected second Chamber, based on the principle that this House is the primary Chamber and that an elected House of Lords should complement the House of Commons and not be a rival to it. As part of that programme of work it is vital that the relative powers of a reformed House be made clear. We will therefore look at ways to enshrine in a constitutional settlement the current balance of powers and the different roles of the two Houses.
The Government are determined to proceed with this programme of reform with a view to its completion. In dealing with such a central element of the constitution, it is right that there be as much all-party agreement as possible. I accept that there may well not be total agreement, but the constitution does not belong to any one party and it should not be used as a partisan tool.
Patrick Cormack
Chair, Northern Ireland Affairs Committee, Chair, Northern Ireland Affairs Committee
It does not belong to you, either.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
The immediate next steps are that I hope to be able to publish a further white paper around the turn of the year setting out where we have got to in the cross-party talks—possibly accompanied by draft clauses that would form elements of the final reform Bill. Our intention through the work of the cross-party group is to formulate a comprehensive reform package that we would put to the electorate as a manifesto commitment at the next General Election and which hopefully the other main parties would include in their manifestos. [ Interruption. ] There may of course be areas on which each party takes a different view—and we have heard some of them already. However, there is the potential to reach a degree of cross-party consensus that will lead to the completion of Lords reform. The free votes in the Commons in March gave us a clear direction of travel on an issue that has dogged the country for decades. We now have a chance finally to finish the job.
Nick Herbert
Shadow Secretary of State (Justice)
I thank the Lord Chancellor for his statement and for his courtesy in letting me have sight of it in advance. At the outset, may I pay tribute to his considerable efforts to move forwards on the issue of Lords reform and the way in which he is attempting to do so by consensus? It has not always been an easy journey for him and he has gracefully departed from his own preferred option of a hybrid half-elected, half-appointed Lords—or rather, that option departed from him. It is dead. In fact, it was never alive. In March, this House voted for a substantially elected second Chamber. I welcome the Lord High Chancellor to the ranks of those of us—the Majority—who voted for the democratic option.
Following the votes in March, does the Lord Chancellor remember saying on the "Today" programme:
"There's now a momentum behind change...Members of Parliament want a wholly or predominantly elected House of Lords. It's now our duty to deliver that"?
But how much momentum is there? Today he said that the Government are determined to complete Lords reform—but when? It seems that his new ambition is to secure a manifesto commitment for reform at the next election, but that election may not be held for another two or three years and the Labour party first had a manifesto commitment on the issue in 1992. Is not the real message in his statement that Lords reform is on ice until after the next election?
Nicholas Winterton
Conservative, Macclesfield
Quite right.
Nick Herbert
Shadow Secretary of State (Justice)
There will be another white paper and possibly draft clauses, but can the Lord Chancellor confirm that he has no plans to introduce legislation to deliver a substantially elected upper House in this Parliament?
Nicholas Winterton
Conservative, Macclesfield
We hope so.
Nick Herbert
Shadow Secretary of State (Justice)
It is now eight years since Parliament embarked on stage 1 of reform. Does the Lord Chancellor—
Michael Lord
Deputy Speaker (Second Deputy Chairman of Ways and Means)
Order. It would be very helpful if hon. Members waited for the initial statement and response to be completed before making their contributions.
Nick Herbert
Shadow Secretary of State (Justice)
Thank you, Mr. Deputy Speaker. It is now eight years since Parliament embarked on stage 1 of reform. Does the Lord Chancellor recall that when the Government agreed that 92 hereditary peers would remain in the House of Lords pending further reform, his predecessor, Lord Irvine of Lairg, told the Lords that the retention of those peers reflected
"a compromise negotiated between Privy Councillors on Privy Council terms and binding in honour on all those who have come to give it their assent"?—[ Hansard, House of Lords, 30 March 1999; Vol. 599, c. 207.]
As one of those Privy Councillors, will the Lord Chancellor confirm that he remains bound in honour, that the promise made then holds good, and that, although he repeats the Government's commitment to remove the remaining hereditary peers, that will not happen unless and until stage 2 of the reforms is complete?
In 1924, Winston Churchill said:
"if we are to leave the venerable if somewhat crumbled rock on which the House of Lords now stands, there is no safe foothold until we come to an elected chamber."
Will the Lord Chancellor clarify the Government's stance on the Bill introduced by Lord Steel, which will be debated in the other place tomorrow? The Bill would gradually remove hereditary peers, eventually leaving an all-appointed Lords. The Lord Chancellor merely said that "the Bill does not contain the comprehensive reform that is the clear will of this House," but given that the Bill breaches Lord Irvine's undertaking and is clearly incompatible with a predominantly elected Lords, surely the Government should oppose it. If they do not, what conclusion can we draw about their seriousness in taking reform forward?
The whole House will agree with the Lord Chancellor that the Commons must be the primary Chamber and that an elected Lords should complement the Commons and not be a rival to it, but after the Cunningham report on parliamentary conventions, the powers of the upper House are more closely defined than ever before. This House has the purse strings and the Parliament Acts, while the upper House has the power to delay. When the Lord Chancellor says that he wishes to look again at the adequacy of the conventions governing the relationship between the two Houses, does he accept that maintaining the primacy of this House should not mean weakening the Lords? It should mean strengthening Parliament as a whole so that the Executive can be held properly to account.
I welcome the Lord Chancellor's comment that the constitution does not belong to any one party and that it should not be used as a party tool. It is important that we move forward on the basis of consensus —[ Interruption. ] Does he understand the profound concern among Conservative Members about the existing white paper's proposals for electoral systems and constituencies? An electoral system that is based on closed lists and large, artificial, multi-member constituencies would keep power in the hands of party bosses. We cannot accept the removal of the independence and authority of the present Lords unless real democratic accountability is put in its place. Does the Lord Chancellor agree that we should aim for a strong revising second Chamber with democratic legitimacy, not a House of party placemen? [ Interruption. ]
We want to build a second Chamber with legitimacy, authority and the ability to play a full part in holding the Executive to account. We will work constructively with the Government in their search for consensus to that end. However, the preamble to the Parliament Act 1911 said:
"it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation".
Does not the Lord Chancellor's statement indicate that far from being able "finally to finish the job", as he said, we remain, nearly a century later, in precisely the same position: intending reform, but still waiting?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
That was all very interesting. I congratulate the hon. Gentleman on trying to have it both ways. One understands why he did so, given the extent of the Division on the issue in his party. He did very well to get through his contribution, notwithstanding the noises directly behind him that punctuated his speech. I was reminded of the late Iain Macleod's commentary that when one is speaking from the front bench, while one might have the Opposition in front of one, one always has the enemy behind —[ Interruption. ] On this occasion, I look behind me and see nothing but friends. One or two still need re-education, but that is another matter.
I am glad that the Conservative party has been engaged in a process of Pauline conversion. Let me remind the hon. Gentleman of why the preamble to the 1911 Parliament Act said that the process would take a long time. That was due to the opposition not of the Liberal or Labour parties, but of the Conservative party. It was wonderful that in 2005—at long last—the Conservative party included a commitment on the matter in its manifesto. The Liberals and the Labour party have been promising such change since 1910, although we have had some difficulty delivering it.
There will unquestionably be opposition from the other place, but I want us to get this through without a train wreck. We will do that if each party gives a clear manifesto commitment to going for a wholly or substantially elected second Chamber with the balance of power between the two Chambers as it is described now, although not necessarily in the conventions. I believe that that will be my party's position and although this is a matter for the Liberal party, I am pretty certain that it will be its position. The question is whether that will be the Conservatives' position. Is it true, as I am told, that the Leader of the Opposition went to a meeting of Conservative Back Benchers earlier this year—he might not have done this, but it has never been denied when I have put it privately to Conservative Members—and said, to calm a rebellion, that as far as the Conservatives were concerned, if they were elected to government, Lords reform would be a "third-term issue"?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
The hon. Gentleman confirms that that was said. Nick Herbert, as a radical in the Shadow Cabinet, needs to ensure that he moves the rather backward-leaning Leader of the Opposition towards his position.
The hon. Gentleman asked me whether we would stick to what Lord Irvine of Lairg said in his statement on the compromise that led to the eccentric provision under which 92 hereditary peers were elected by their hereditary peers, with the process perpetuating itself through elections involving those peers. In the end, that is a matter for the House. Let me remind him that Division No. 71 in this Session took place on an Amendment proposed by Mrs. May to a motion that I moved. My motion stated:
"That this House is of the opinion that the remaining retained places for peers whose membership is based on the hereditary principle should be removed", and the amendment would have added the words
"once elected members have taken their places in a reformed House of Lords."
The hon. Member for Arundel and South Downs was one of the 241 Members who voted for the amendment—I happened to vote against it.
After the amendment had been knocked out, there was a Division on the main Question:
"That this House is of the opinion that the remaining retained places for peers whose membership is based on the hereditary principle should be removed"— full stop, without any qualification. The whole issue was whether the House supported Lord Irvine of Lairg's position. Guess what, Mr. Deputy Speaker? The hon. Gentleman may have forgotten what happened, but surprisingly, I cannot find his name anywhere in the list of Members who voted No. However, one of the 391 Members who voted in the Aye Lobby was "Herbert, Nick". It might be that someone else of that name managed to secrete themselves in the Lobby, but I think that it was the hon. Gentleman. He supported the decision that was agreed by a Majority of 280, that the hereditary peers should be removed.
The hon. Gentleman asked about the adequacy of the conventions and the maintenance of the primacy of this House. I do not think that there is a huge division among the parties on that. My speeches on
We do not disagree with the description set out in Cunningham 2 of the balance of powers of the two Chambers. I hope that the totality of power of both Chambers together will grow. However, we take issue with whether the conventions are adequate, and Lord Wakeham supports us in that respect.
My last point—[Hon. Members: "Hear, hear!"] Well, I always try to give full answers, especially when I am involved in a pedagogical process. The hon. Gentleman mentioned the Parliament Act 1911. This has taken a long time, but I hope that he recognises that we have made considerable progress. If the Conservative party makes a commitment in its manifesto, we certainly can, in the first couple of years of the next Parliament, complete this job.
Michael Lord
Deputy Speaker (Second Deputy Chairman of Ways and Means)
Order. May I say to the House that this is a statement, not a debate? If possible, may we have brief questions and, if the Secretary of State would not mind, brief answers?
Tony Wright
Labour, Cannock Chase
I hope that my right hon. Friend the Secretary of State will not mind if I say that the implication of his statement is that comprehensive reform of the House of Lords is not an immediate prospect. I hope that he will not set his face against a more limited reform measure that would put the House of Lords Appointments Commission on a statutory basis, separate the honours system from service in the second Chamber, and give the House of Lords the ability to remove people who bring dishonour on it.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I have two quick answers. First, to get to where we want to go, we have to make clear progress, but in the absence of categorical manifesto commitments from the three parties, we would simply find ourselves bogged down in endless debate on the Floor of the House before the next election. I want to make clear progress, so that in the first Session of the next Parliament, we can introduce a final measure. Secondly, on a limited reform measure—that takes us back to Lord Steel's proposal—let us see what the House of Lords says about it. One thing has to be clear: such a reform cannot be an alternative to the major reform to which the House is now committed.
Simon Hughes
Shadow Attorney General, Party Chair, Liberal Democrats
The Lord Chancellor knows that we welcome his statement, his continuing interest and commitment to the subject, and his willingness to change his position to accommodate the views of the Majority in all parties. He knows that the Liberal Democrats have said yes to cross-party talks, to seeking maximum agreement between the parties, to making sure that the Commons is the primary Chamber, and to making sure that we get on with the process.
If the right hon. Gentleman is really committed—and if the new Prime Minister is really committed, as last week's announcement suggested—to a major new constitutional settlement, in which there is a properly democratic bicameral Parliament, and in which the Executive return more powers to Parliament, would it not be logical to get on with the process, rather than slow it down? That way, the Government can be seen to deliver on a final transformation of the House of Lords into a proper democratic Chamber within 100 years of the original commitment. Otherwise, we will delay the decision for another Parliament, and goodness knows what the result will be, what the balance of Parliament will be, and who will be sitting in his position and taking an interest in the subject.
Will the right hon. Gentleman reflect again on the fact that if there is no white paper until the turn of the year, realistically, it will mean legislation in 2008 or 2009 at the earliest? We read reports that there might be a General Election before then, and that would obviously put the process in jeopardy. Does he agree absolutely that it would not be acceptable to replace the House of Lords, whether appointed or hereditary, with a second Chamber in which the parties, rather than the people, choose who represents them?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I am grateful for the Liberal Democrats' categorical and full-hearted support; we have not heard from them any of the cavilling that we sometimes hear from Conservative Front Benchers. The issue is really one of haste and speed. If we are too hasty, the matter will fall, and I want it to reach fulfilment. I am clear that we can get there, but there are many big issues that we have yet to determine. If that is not done, we will simply end up having hours and hours of debate on the Floor of the House without reaching conclusions, including on the electoral systems. I should just say to the hon. Member for Arundel and South Downs—I am sorry that I did not answer this question earlier—that I am, of course, ready to look again at the whole issue of electoral systems.
Gordon Prentice
Labour, Pendle
We have a convicted fraudster, Conrad Black, and a tax exile, Lord Laidlaw, in the House of Lords. Surely we should take early action to rid the House of Lords of people like that, rather than wait until a comprehensive Bill is introduced after the next election.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I agree with that, but the difficulty in introducing a limited measure is that reform that is not properly thought through can be added to it. If there are other ways of achieving my hon. Friend's aim, so much the better.
George Young
Chair, Standards and Privileges Committee, Chair, Standards and Privileges Committee
Does the Lord Chancellor agree that constitutional reform has not been one of his Government's greatest triumphs? Will he concede, and take some comfort from the fact, that of those Conservative MPs who voted when votes were last held on the issue, a Majority voted for one of the elected options, and a majority voted against a wholly appointed House? Will he give an undertaking that by the end of this Parliament, a draft Bill will be ready, which can be introduced in the next Parliament?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
We have made rather more progress on reform of the Lords than any previous Administration, including those of which the right hon. Gentleman was an adornment. On the issue of a draft Bill, we are certainly aiming to produce draft clauses. Whether we can get to a full draft Bill depends on the extent to which we can agree an overall settlement in the cross-party talks, but I hope that we can reach such a settlement.
David Clelland
Labour, Tyne Bridge
My right hon. Friend is hardly in a position to criticise the Leader of the Opposition for making House of Lords reform a third-term issue, given that, under our Government, it has become a fourth-term issue. Does he agree that the Bill that will come before the House of Lords tomorrow largely satisfies the commitments made in the Labour party's manifesto for the last election, and will he confirm that the Government will support the Bill? Will he also confirm that although the House voted for a wholly elected second Chamber, it was not clear what form the elections would take, who would qualify to stand for election, or who the electorate would be?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I cannot confirm my hon. Friend's statement. We said that there would be free votes on the issues, and there have been free votes; the House has spoken. I know that he disagrees with its decision, but the majorities in favour of 100 per cent. and 80 per cent. elected were overwhelming.
Patrick Cormack
Chair, Northern Ireland Affairs Committee, Chair, Northern Ireland Affairs Committee
Would the Lord High Chancellor, as we must get used to calling him, accept that that Majority in favour of 100 per cent. elected was largely engineered by the tactical voting of Mr. Clelland, who took his troops into the Aye Lobby although they were really not in favour of the proposal? Does the right hon. Gentleman also accept that in every Division, more Conservative Members voted against 80 per cent. elected and 20 per cent. appointed than for? Similarly, more voted against 100 per cent. elected than for. Does he accept that my hon. Friend Nick Herbert, who is newly appointed to the front bench, does not speak for the majority of the parliamentary Conservative party, and that the Lord Chancellor will have a real fight on his hands if he tries to destroy the current constitution, as he is seeking to do?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I am not seeking to destroy the constitution—of course not. I am seeking to make considerable progress on the issue on a consensual basis, and I am trying to nail down some very difficult details before we bring forward a Bill, because that is the only way that we will get a satisfactory and pretty permanent settlement. As for the votes, I always work on the basis that when hon. Members choose which Division Lobby to go through, they know the consequences, and those who voted in favour of 80 or 100 per cent. elected knew what the consequences would be.
Geraldine Smith
Labour, Morecambe and Lunesdale
No one should have a job for life without accountability, and it is right that we should have a wholly or substantially elected House of Lords, but does my right hon. Friend agree that success will depend on what form the elections take? I do not want party managers dominating the election process, or closed lists. I would like organisations to have the chance, perhaps indirectly, to elect Members of the House of Lords, because it is important that we retain the expertise and experience in the House of Lords, as well as its independence.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
First, I look forward to discussing my hon. Friend's proposals in detail. Secondly, I am against closed lists for the elections. There is a debate to be held about the election systems used. Let me make it clear that I am not in favour of closed lists of the kind used in European elections for elections to the House of Lords.
Douglas Hogg
Conservative, Sleaford and North Hykeham
I would be grateful if the Secretary of State stopped using the phrase "primacy of the House of Commons". What he actually means is the primacy of the Executive. So long as the Government can retain control over their party, they can do as they please. We need Back-Bench Members of this House to reassert their independence, to recover the powers that the Executive have stolen from us, and to free ourselves from the tyranny of the Whips. That is what we need to do.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I do not remember the right hon. and learned Gentleman saying that when he was a Minister.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I know—and a bad Whip, too. I say to Mr. Hogg that when we have a strong Executive, as we do, our constitution can work only if there is a strong House of Commons and a strong Parliament. I support that, but if there is to be a Government, one House has to have primacy. The decision to accept the primacy of the House of Commons was not made by the Government. It was made by the House of Commons in a free vote when we set up the terms of reference of the Cunningham 2 Committee on
Andy Reed
Labour, Loughborough
I enjoyed the first part of the statement about trying to build consensus across the House, but having listened to the contributions of Opposition Members, I am not sure that we will achieve that in time for the 2009 manifesto. Although my right hon. Friend has so far resisted the call to bring forward some of the measures, will he consider bringing some of them forward—for example, the role of the bishops in the House of Lords? They could be removed, along with hereditary peers, as quickly as possible, as part of our disestablishment of the Church of England.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
Oh goody. Then we would really have a consensus. It is preferable that we proceed as I suggest, otherwise we will end up with deadlock, which is where we have ended up before.
Richard Taylor
Independent, Wyre Forest
With a wholly elected second Chamber, how is the significant and valuable proportion of independent Members to be maintained?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
By definition, that cannot be maintained as it is at present. That is why I voted for 80 per cent., as well as the perfectly formed but unsupportable 50 per cent.
Graham Allen
Labour, Nottingham North
I strongly welcome the statement from the Secretary of State for Justice. Will he stick immovably to the democratic principle that those who exercise political power in a democracy must be elected? Those who vote must be elected. That, of course, allows some elbow room for my right hon. Friend to ensure that those who do not vote in a second Chamber—those who therefore do not exercise political power—may find a place, whether they are existing or future Members of such a House.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
The primary Chamber must be wholly elected. We will continue to have a debate about whether the second Chamber should be wholly or substantially elected.
David Howarth
Shadow Solicitor General, Ministry of Justice
Will the Secretary of State resist the siren calls for piecemeal reform, even though the individual ideas might be quite good? That threatens the programme itself. The important thing at this stage is to get on with the comprehensive reform as quickly as possible. In that regard, I add my voice to those who are disappointed that what he has announced today means that there is no possibility of an early election to the House of Lords. Does he envisage the possibility of an election to the House of Lords within the term of the next Parliament, not having to wait till the following General Election?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
The more progress we can make on the all-party talks beforehand, and the more we can deal with the devil in the detail, the more likely it is that we could get the reform through in the first Session of a new Parliament, without running into overwhelming objections by the other place, which acknowledges the primacy of this Chamber. If that were the case, elections to the other Chamber could certainly take place during that Parliament.
Martin Salter
Labour, Reading West
I welcome the parts of the Lord Chancellor's statement that move us further down the democratic path, as many hon. Members have sought during their time in this place. Can my right hon. Friend confirm that he has comprehensively buried the doomed and somewhat arrogant contention that our democracy will be better served by a unicameral system, with no revising Chamber at all?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I have never supported that and the House buried it by an overwhelming vote. It was the very first vote, No. 65, on
Robert Key
Conservative, Salisbury
Given the recent decision of the Government to confirm the Church of England as the established Church, will the right hon. Gentleman assure me that there will always be enough bishops in the Church of England to work the system properly?
Robert Key
Conservative, Salisbury
Of course that includes women bishops. Will the right hon. Gentleman also take the opportunity to examine the legislative relationship between the Church of England and Parliament, which is archaic and is effectively governed through the Ecclesiastical Committee with a precursor pre-legislative stage of legislation? Will he revise that system to bring it more into line with 21st century practice?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I declare an interest, as I am also a communicating member of the Church of England and believe in the established Church, but that view is not wholly shared in all parts of the House, as the hon. Gentleman well knows. On the second point, I personally want to see a significant representation of the Lords Spiritual in the second Chamber. We must be very careful before we discuss Church of England reform in the Chamber. The hon. Gentleman may recall—not from his own memory, but from the history books—that the 1874 Session of Parliament was dominated from one end to the other by discussions of Church of England reform. I do not want to go down as the Lord Chancellor with that legacy.
Kelvin Hopkins
Labour, Luton North
Both Houses have clearly expressed a view about what we should do about Lords reform, but the electorate has not yet expressed a view specifically. I draw my right hon. Friend's attention to the fact that in those votes 155 Labour Members voted for a unicameral Parliament. That may represent a much larger proportion of voters outside the Chamber, and they should be given the choice in a referendum as to whether they want a second Chamber in the future. I remind my right hon. Friend that a number of Parliaments have abolished their second Chamber, and many successful democracies have single Houses.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
As we set out in the white paper, there are very few countries of our size that have unicameral Chambers. I strongly believe that a unicameral Chamber would lead to more power going to the Executive and less power to elected people in this Chamber, as well as the other place.
Michael Fallon
Chair, Treasury Sub-Committee
Will the Secretary of State explain a little more clearly how, in a unitary rather than a federal state, there can be two competing sources of electoral authority?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
Of course there can be. There are plenty of unitary states that have two Chambers, but if the hon. Gentleman takes a different view about an elected second Chamber, that is his opinion, but it is currently not shared by a Majority of the House.
Chris Bryant
PPS (Rt Hon Harriet Harman QC, Lord Privy Seal), Leader of the House of Commons
As one who supports a democratic second Chamber, I am delighted that my right hon. Friend has retained responsibility for the subject, not least because I remember the days when he was in favour of a 0 per cent. elected element in the second Chamber. He was then in favour of 50 per cent. and now 80 per cent., so we have got him from 0 to 80 per cent. in just five years. There is an important principle by which the House of Lords has always abided until now. If there is a clear manifesto commitment by a governing party that it will implement, the Lords will not stand in the way. Is that not why it is extremely important that Labour's manifesto, as the party that will win the next General Election, is unambiguous on the matter?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I thank my hon. Friend for complimenting my ability to listen to arguments. I have shifted on the matter; I am perfectly willing to say that. On the second point, I agree that we need a clear manifesto commitment, then we can get the measure through.
Pete Wishart
Shadow Spokesperson (Cabinet Office), Shadow Spokesperson (Culture, Media and Sport), Shadow Spokesperson (International Development)
May I remind the Lord Chancellor that there are more than three political parties in the House. He gave an assurance to my right hon. Friend Mr. Salmond that we would play a meaningful part in the cross-party discussions. I remind the hon. Gentleman also that it was the Scottish national party and Plaid Cymru that destroyed the credible case for appointment by pursuing cash for honours in the way that we did. Can he assure me that the cross-party talks will indeed be cross-party?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I apologise to the hon. Gentleman. We are suggesting that the key cross-party group should be the three parties, but I promise him that there will be—we should have made previous arrangements—discussions with his party, Plaid Cymru and other smaller parties in the House. I am sorry about that. As for the other point, the debate about whether there should be an elected element is nothing whatever to do with that which he mentions.
Andrew MacKinlay
Labour, Thurrock
I am fully signed up to these LPs and senators—a very good idea. Will the—what is my right hon. Friend called now?
Andrew MacKinlay
Labour, Thurrock
Will the Secretary of State reconsider the idea of Ministers in either House being able to appear in either House, especially once there are elections down at the other end of the Corridor? It is ridiculous that Lords in Waiting—I do not say this in any disparaging way—are parrots who just read from a brief. It would be much better if the Minister who was the architect of a piece of legislation piloted it through both Houses. There are plenty of precedents for that in Westminster-style constitutions. I hope that that will be looked at.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
We will certainly look at that, although I am not certain that I will end up in the same place as my hon. Friend.
Andrew MacKinlay
Labour, Thurrock
I am going to heaven.
Nicholas Winterton
Conservative, Macclesfield
I agree with the question from Andrew Mackinlay. Does the Secretary of State accept that many of us in the House believe that people want to destroy the current House of Lords because it is too successful? It represents the best interests of the people of this country and although it is not democratic, it was never set up to be democratic. It is there because of its experience and expertise, and we should appreciate the role that it has played.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
It was set up precisely not to be democratic and resisted all democratic change throughout the process of change, particularly in the 19th century and the early part of the 20th century. I applaud the role of the House of Lords, which has actually been strengthened as a result of the changes that we introduced in the first Parliament of this Administration. As I said to Nick Herbert, I have never believed that there is a quantum of power that is fixed within this Palace. We have a strong Executive in this country—I believe that that produces benefits—but a strong Executive requires there to be a strong Parliament. That does not mean, however, that we freeze forever the particular constitution of the other place.
Bill Cash
Conservative, Stone
The Lord High Chancellor made great play of giving more power to the people, as did the white paper on governance. I speak as one who is in favour of an elected House of Lords. Does he agree that it is essential to ensure that there is no proportional representation in the voting system—not merely not a closed list but none at all—and that, to enhance the reputation of the House of Lords, serious consideration should be given to it conducting its business without whipping? I follow what my right hon. and learned Friend Mr. Hogg said about this. It is very important that it should have that degree of independence.
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
That would ultimately be a matter for the other place. If the hon. Gentleman aspires to have a Government whom he can support, which may be an impossibility in his case, he will recognise the case for whipping at both ends of the Corridor. As for proportional representation, there will be a debate about that. Although I am passionately in favour of single member constituencies for this place, I recognise that there is a case for multi-member constituencies for the other place. We have to work through this.
John Bercow
Conservative, Buckingham
I always thought that the right hon. Gentleman was a tough cookie. May I tell him, for the avoidance of doubt, that he should not be intimidated or slowed down in any way by the reactionary, antediluvian, troglodyte forces in all parties who oppose reform, that the arguments for democracy remain strong, and that he should proceed with a Bill sooner rather later?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
I am glad of the hon. Gentleman's support.
Peter Bone
Conservative, Wellingborough
The Lord High Chancellor has a great opportunity to strengthen Parliament and weaken the power of the Executive. Will he assure the House that the constitutional settlement to which he refers will be agreed before there are any changes to the system for election or appointment to the House of Lords?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
The one is part of the other. [ Interruptio n. ] I am sorry, but that is simply the case. We are seeking to produce a comprehensive package of reforms that will lead to a new composition of the second Chamber.
Julian Lewis
Shadow Minister (Defence)
Does the Secretary of State agree that if Lord Malloch-Brown and Lord West of Spithead had had to stand for election, neither would have been able to achieve the experience at the United Nations or as Chief of Defence Intelligence which precisely fits them so well to be part of a revising Chamber and, indeed, Ministers in his Government? Is it not the case that if the 100 per cent. proposal—the one with the support of this House—goes through, there will be no prospect of such people getting into the other House, and that if the 80 per cent. proposal goes through, the people with the experience will not have the democratic mandate and the people with the democratic mandate will not have the experience?
Jack Straw
Chair, Modernisation of the House of Commons Committee, The Lord Chancellor and Secretary of State for Justice
That is pretty insulting as regards the kind of people who will be attracted to a second Chamber. I know that the hon. Gentleman is one of the troglodytes on the Conservative Benches. I acknowledge that there is a case for an appointed element. That is why I supported a 50 per cent. appointed element and then, when that failed catastrophically, went for an 80 per cent. elected element with a 20 per cent. appointed element. There will be much to be said on this on all sides until we finally reach agreement.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.
A document issued by the Government laying out its policy, or proposed policy, on a topic of current concern.Although a white paper may occasion consultation as to the details of new legislation, it does signify a clear intention on the part of a government to pass new law. This is a contrast with green papers, which are issued less frequently, are more open-ended and may merely propose a strategy to be implemented in the details of other legislation.
More from wikipedia here: http://en.wikipedia.org/wiki/White_paper
The Second Reading is the most important stage for a Bill. It is when the main purpose of a Bill is discussed and voted on. If the Bill passes it moves on to the Committee Stage. Further information can be obtained from factsheet L1 on the UK Parliament website.
The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.
A vote where members are not obliged to support their party's position, and can vote however they choose. This is the opposite to a whipped vote. It is customary for parties to provide a free vote for legislation dealing with matters of conscience.
A Green Paper is a tentative report of British government proposals without any commitment to action. Green papers may result in the production of a white paper.
From wikipedia: http://en.wikipedia.org/wiki/Green_paper
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
In a general election, each constituency chooses an MP to represent it by process of election. The party who wins the most seats in parliament is in power, with its leader becoming Prime Minister and its Ministers/Shadow Ministers making up the new Cabinet. If no party has a majority, this is known as a hung Parliament. The next general election will take place on or before 3rd June 2010.
The Chancellor - also known as "Chancellor of the Exchequer" is responsible as a Minister for the treasury, and for the country's economy. For Example, the Chancellor set taxes and tax rates. The Chancellor is the only MP allowed to drink Alcohol in the House of Commons; s/he is permitted an alcoholic drink while delivering the budget.
The Privy Council goes back to the earliest days of the Monarchy, when it comprised those appointed by the King or Queen to advise on matters of state.
As the constitution developed into today's constitutional monarchy, under which The Sovereign acts on the advice of Ministers, so the Privy Council adapted. Its day to day business is transacted by those of Her Majesty's Ministers who are Privy Counsellors, that is all Cabinet Ministers and a number of junior Ministers. Membership of the Privy Council brings with it the right to be called "Right Honourable".
The Privy Council still meets regularly, on average once a month, but, as with the Cabinet, most of its business is transacted in discussion and correspondence between its Ministerial members and the Government Departments that advise them. The Privy Council Office (which is itself a Government Department) provides a secretariat for these discussions, as the Cabinet Office does in relation to the business of Cabinet and Cabinet Committees. Councils are held by The Queen and are attended by Ministers and the Clerk of the Council. At each meeting the Council will obtain Her Majesty's formal approval to a number of Orders which have already been discussed and approved by Ministers, much as Acts of Parliament become law through the giving of the Royal Assent after having been debated in Parliament.
Meetings are reported in the Court Circular, along with the names of Ministers attending (usually four in number). The Orders made at each Council are in the public domain, and each bears the date and place of the Council at which it was made. There is therefore nothing at all "secret" about Privy Council meetings. The myth that the Privy Council is a secretive body springs from the wording of the Privy Counsellor's Oath , which, in its current form, dates back to Tudor times. It requires those taking it to "keep secret all matters...treated of in Council". The Oath (or solemn affirmation for those who cannot take an Oath) is still administered, and is still binding; but it is only in very special circumstances nowadays that matters will come to a Privy Counsellor on "Privy Council terms". These will mostly concern matters of the national interest where it is important for senior members of Opposition parties to have access to Government information.
The Deputy speaker is in charge of proceedings of the House of Commons in the absence of the Speaker.
The deputy speaker's formal title is Chairman of Ways and Means, one of whose functions is to preside over the House of Commons when it is in a Committee of the Whole House.
The deputy speaker also presides over the Budget.
The "Leader of the Opposition" is head of "Her Majesty's Official Opposition". This position is taken by the Leader of the party with the 2nd largest number of MPs in the Commons.
The first bench on either side of the House of Commons, reserved for ministers and leaders of the principal political parties.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.
With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The House of Commons.
The Ecclesiastical Committee is a parliamentary committee established by an Act of Parliament in 1919 to consider measures passed by the General Synod of the Church of England.
The committee is appointed for the duration of a Parliament and consists of 15 members drawn from the House of Commons and the House of Lords who are nominated by the Speaker and lord chancellor respectively.
An example of an issue which was considered in recent years by the Ecclesiastical Committee is the proposal from the Church of England that it should be allowed to appoint women priests.
Matters concerning the Established Church of England are dealt with at Question Time by a parliamentary representative of the Church Commissioners.
The other chamber of Parliament, i.e. the House of Lords when said in the Commons, and the House of Commons when said in the Lords.