Queen's Speech — Debate (3rd Day) (Continued)

Part of the debate – in the House of Lords at 9:06 pm on 23 November 2009.

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Photo of Lord Williamson of Horton Lord Williamson of Horton Crossbench 9:06, 23 November 2009

My Lords, I break with my personal tradition by not speaking on European affairs in the debate on the Address this year. I shall speak on constitutional affairs, although I shall make one exception under a legal heading and congratulate the Government on the introduction of the Bribery Bill. As the noble and learned Lord, Lord Lyell of Markyate, indicated, it is a difficult, but necessary, Bill that will deal not only with international bribery but with the home-grown variety, which needs to be dealt with in legislation of this kind. It is traditional to range widely during the debate on the Address but, as the 40th speaker, I shall finish in time for the all-night bus.

At the outset, I shall refer briefly to some of the important constitutional changes that the present Government have brought about during their term of office. Recently, the Secretary of State for Justice and the Minister have claimed credit for the Government for those changes, and it is fair to do so because they are significant. The creation of the Supreme Court separate from the House of Lords and the major devolution of government to Scotland, Wales and Northern Ireland are changes of the highest importance. Furthermore, the gracious Speech commits the Government to greater devolution by stating that the Government will take forward proposals in the final report from the Commission on Scottish Devolution, will continue to devolve more powers to Wales and will continue to work with Northern Ireland's leaders to complete the devolution of policing and justice there. Since most of us do not see our constitution as a single entity, these changes have been seen as individual events but, in reality, they create what is, in a sense, a new constitution with a federal element for, while retaining our single national identity, we are closer to the model that prevails widely in the developed world; for example, in Canada or the Federal Republic of Germany.

The open questions that remain are, first, the extent to which locally elected government in the English regions can be given greater powers and flexibility, not, in my view, by administrative change-I share the view of my noble friend Lord Mawson on this point-but by ensuring less tight control by central government; and, secondly, the relationship between Government and Parliament. Recent events on expenses in the House of Commons have obviously affected the people's trust in their Parliament, but I remain a strong advocate of the view that the role and powers of Parliament should be increased. That is, of course, what the Government are proposing in the Constitutional Reform and Governance Bill, but in one or two respects, it does not go far enough.

Although we shall have a chance before long to examine the Constitutional Reform and Governance Bill in detail in this House with a view to its passing into law before the general election, as I believe is likely, I will comment selectively on some of its constitutional elements. I leave aside subject matter that is favourably looked upon in this House-namely, the future of the House of Lords-although I very much welcome the fact that the Bill contains the practical changes that were in the Private Member's Bill presented by the noble Lord, Lord Steel of Aikwood, and which are now in the Government's Bill.

I was a member of the Joint Committee of both Houses that examined the Constitutional Reform and Governance Bill-it had another title then, but it was much the same-and produced an excellent pre-legislative report. Many said at the time that it was a mixture of many different elements and there was not much of a common theme. Well, so be it. That remains true and it would be quite wrong to consider it a complete constitutional Bill, but it contains some welcome proposals for real constitutional changes that may deserve more attention than they have received so far.

First, the Bill contains the substantive Civil Service Bill-I declare an interest as I was a UK civil servant for many years. Many thought that this would never arrive. However, it has arrived. As we know, it is 155 years since Northcote-Trevelyan recommended a statutory basis for the Civil Service, but 155 years is not long in the history of our country.

The Bill proposes a statutory basis for the management of the Civil Service and gives Parliament a role in the new system. Its formula is quite simple and, in my view, good. It requires the Minister for the Civil Service to publish a code that will be laid before Parliament and that will form part of the terms and conditions of service of any civil servant whom it covers. Similar provisions apply to the Diplomatic Service code which the Secretary of State must publish and lay before Parliament.

Perhaps more controversial is the treatment of special advisers and in particular their numbers. The Joint Committee suggested in paragraph 296 of its report an indirect method of limiting the total numbers-an issue that could be dealt with satisfactorily in the Bill. I wanted to signal the importance of this point about the Civil Service in the Constitutional Reform and Governance Bill, and I am surprised that it has not had greater attention publicly.

Briefly, there are two other areas in which the role of Parliament should be increased. One, which relates to treaties, is in the Bill; the other, which relates to war-making powers, is not. I support the proposal that a treaty should not be ratified unless it has been published and laid before Parliament for 21 sitting days, during which time either House could resolve that it should not be ratified. The clauses in the Bill do not put an absolute lock on government action, for example in exceptional cases. None the less, this is a significant step forward in formalising a statutory role for Parliament in treaties. The definition of a treaty may prove to be a bit difficult, but I definitely consider it a step forward, as I said.

My final point relates to something that is not in the Constitutional Reform and Governance Bill: Parliament's control over war-making powers. I raise the point because it was considered by the pre-legislative scrutiny committee and has been considered earlier in the context of this type of legislation. The Joint Committee on the Bill, like the Constitution Committee of this House, concluded that the Government's proposal for a detailed war-powers resolution was the best way to proceed. I understand that point, but I bear in mind that we are legislating not for the past but for the future, and the public, following the experiences of Iraq and Afghanistan, will look to Parliament for the strengthened surveillance of any proposed conflict decision and deployment of our forces.

In the Government's document CM7690, they state that,

"the Government does not rule out legislation in future",

I hope that that is not an empty phrase; but shows that this vital issue for our country will be regularly reviewed and will take full account of the effective role for Parliament, the effective voice for Parliament and public unease on these issues.