Proceeding contribution from Lord Herbert of South Downs (Conservative) in the House of Commons on Tuesday, 25 March 2008. It occurred during Ministerial statement on Constitutional Renewal.
Constitutional Renewal
I thank the Secretary of State for Justice for early sight of his statement. There is much in the Government's proposals with which we can agree. We welcome measures to strengthen the autonomy of the Intelligence and Security Committee, and to place on a statutory basis the rules governing ratification of treaties. We also welcome—seven years after the Government's commitment to it—legislation to put the civil service on a statutory footing, as recommended by our democracy taskforce, but why will the Government not go further and place a statutory cap on the number of special advisers? And, although pre-appointment scrutiny hearings by Select Committees would be welcome, should not Parliament be strengthened further, not least by the ability to set its own timetable, so that we can scrutinise legislation properly? The decision to commit troops to conflict is one of the most important that a nation can take. Last May we tabled a motion to require parliamentary approval for substantial deployments of troops into conflict. I welcome the fact that the Government now accept that principle, but when prior approval cannot be sought, why should there not be a mechanism for securing retrospective approval? In a democracy, citizens should have the right to make their views known peacefully to those who govern them. The Government's laws restricting the right to protest around Parliament caused widespread disquiet, and we welcome plans to repeal them, but can the Government say more about how they plan to ensure that while peaceful protest is protected, demonstrations that disrupt the operation of Parliament are not? We welcome the commitment to introduce greater clarity into the relationship between the Attorney-General and the prosecution directors, but it is also proposed to end the requirement for the Attorney-General to give consent for a wide range of prosecutions. How is accountability to be preserved if that role is removed from the Attorney-General? An independent judiciary is at the core of our liberty. Reducing the influence of the Executive on judicial appointments is welcome, but does the Justice Secretary agree that the principle of judicial independence is harmed when Ministers seek to influence the sentencing decisions of judges and magistrates—for instance, by urging them not to imprison offenders because the jails are full? In a newspaper article today, the Prime Minister said that the Justice Secretary would today be ““consulting throughout the country”” on a statement of values and the British Bill of rights and duties—but in his statement the Justice Secretary said that a Green Paper will be published over the coming months. Will the right hon. Gentleman clarify when this process will begin? Will it do so today, as the Prime Minister suggested, or over the coming months? Will the Justice Secretary also tell us whether, as was reported yesterday, he plans to consult on alternative voting systems for the Commons, and compulsory voting, and if so, when? Does the Justice Secretary agree that the electoral system should never be reformed for partisan political purposes? The Prime Minister also wrote today in support of the Union, but is it not the case that unbalanced devolution has unleashed the forces of nationalism? So far, the Government's answer has been to fly flags on Government buildings. Will the Calman commission, announced today, address the real issue of concern, which is the still unanswered West Lothian question? When the Prime Minister announced his ideas for constitutional reform last July, he spoke about rebuilding trust in democracy. Since then, he has refused the referendum that he promised on the EU constitution. How can trust be rebuilt if such important promises are broken? Is it not the case that the relationship between the people and politicians is seriously damaged, and that it will require more to repair our broken politics than the measures announced today? When more and more decisions are being taken centrally—not here in Parliament, but in Whitehall—is not the real need to return power to individuals and communities, so that people have a genuine say over decisions that affect them? Why are we not giving citizens the power to initiate debates in this House and have new laws tabled? Is there not a pressing need both for measures to ensure transparency in how we as politicians account for ourselves and our spending to the electorate, and to put an end to the culture of spin, which has so gravely undermined trust in politics? If the Government continue to shy away from real change, is not the danger that measures such as those announced today will be seen as worthy, but inadequate?
Secondary information
- Type
- Proceeding contribution
- Reference
- 474 c24-5
- Session
- 2007-08
- Chamber / Committee
- House of Commons chamber
- Subjects
- Armed conflict Devolution Civil service Attorney General Church of England British constitution Bill of Rights House of Lords Judiciary Government departments Flags Intelligence and Security Committee Law Commission Dissolution Ministerial powers Prosecutions Public appointments Parliament Square Protest Parliamentary scrutiny Parliament Passports Prerogative of mercy Recall of parliament Scotland Treaties Reform Royal prerogative
- Legislation
- Draft Constitutional Renewal Bill
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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