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Constitutional Reform

My Lords, I congratulate the noble Lord, Lord Tyler, on securing this debate and leading us into a fascinating discussion of a well trodden subject. Some interesting new ideas have been put forward. I also congratulate the noble and learned Lord, Lord Carswell, on his maiden speech. Some noble Lords treated the noble and learned Lord as though he were a new Member of the House, but he has probably been a Member for longer than some of those who congratulated him on becoming a new Member. He had taken the decision not to speak until today, but it was a joy to hear him. Many years ago, when he was Lord Chief Justice of Northern Ireland, he took me round the High Court in Belfast. We enjoyed his speech very much and look forward to hearing from him a lot more in future. I also note that one of the best points made today—it was made by the noble Lord, Lord Alderdice—was that what often goes unsaid is the pure courage that judges and their families in Northern Ireland have had to show over many generations. Listening to the noble Lord, Lord Tyler, one would have thought that there had been no reforms in the constitutional field for the past 12 years. I know that he knows that that is not true. The noble Lord referred to "13 wasted years". If he can be so passionate about a reforming Government, I would hate to see the state that he might be in if there happened to be a non-reforming Government. Of course, between 1979 and 1987 the noble Lord was a distinguished Member of the other place. I am sure that he must have taken a great interest in these matters and I wonder what his response was then to a non-reforming Government. I do not think that this is likely, but if by any chance there was to be a Conservative Government in the next five years, I wonder what his attitude would be to them. My feeling is that he would not be as hard on them as he is on us, even though we have been a reforming Government of the first order. The Government have brought forward major reforms to the constitution, including to your Lordships’ House. The House has played a key role in these reforms, passing many significant pieces of legislation put to it since 1997. The Government have made a reality of devolution. I thought that the noble Lord, Lord Alderdice, was uncharacteristically churlish about the motivation for devolution, although what he said may have been tongue in cheek. We made devolution a reality in Scotland, Wales and Northern Ireland and we established the London Assembly. I was a little surprised at the comment of the noble Lord, Lord Wallace, that we have not spread power. Whatever the motivation may have been, no one can deny that the devolved areas have more power now—it may not be as much as they would like—to conduct their own affairs than they had when we came to office in 1997. The Human Rights Act has been mentioned. We have embedded that into United Kingdom law. We have created a new Supreme Court, separating the highest appeal court from Parliament. We passed the Political Parties, Elections and Referendums Act 2000, which created the Electoral Commission and introduced a comprehensive regulatory regime for political party and election finance. That Act also set a framework for the conduct of referenda. Further legislation last year strengthened the Electoral Commission better to equip it as an effective regulator, along with other reforms. We have created the Freedom of Information Act, a fundamental measure necessary for increasing the transparency of government—it is sometimes embarrassing to government but it is none the worse for that—therefore reinforcing the ability of concerned citizens to hold this and any future Government to account. Of course, the noble Lord, the Lord Tyler, would have liked us to have gone further, but I think that he would have to agree that it is a simple and undeniable fact that we are in a different world following this programme of reform. Indeed, what we have achieved has been described by Professor Vernon Bogdanor as a "quiet revolution"—it is quite a well known phrase now. I refer also to a Guardian leader of 19 October, which said that we should, ""look at the last 12 years. Labour’s dispersal of power, had it been set out as a blueprint, would have appeared revolutionary"." I think, therefore, that noble Lords should just calm down a bit when they consider whether this has been a reforming Government. Of course, noble Lords want more, but they have had a great deal already and there will be plenty more in the next five years, too. The past nine months have seen the passage of the Parliamentary Standards Act—vital legislation necessary for the creation of an independent body outside Parliament to oversee allowance schemes for Members in another place. They have also seen the introduction of the Constitutional Reform and Governance Bill, currently in Committee in another place. That Bill includes measures that will help to rebuild trust in our democratic and constitutional settlement by reinforcing the principles of probity, transparency and accountability across government. Each part of the Bill contributes to this wider programme of reform. Important amendments to that Bill have recently been tabled to give effect to our commitment that the recommendations of the report on MPs’ expenses and allowances by the Committee on Standards in Public Life should be implemented. It is important, too, that the Government have now committed to holding a referendum on the alternative vote system early in the next Parliament. I have to say that I am rather more Plant and Rennard than I am Rooker on this point. The Government consider it a crucial step and we hope and expect that the preparations for such a referendum will do a great deal to help the engagement of society in the political process. When a referendum should be held and the merits of various electoral systems are not simple matters. I want to make it clear—there was some doubt on the matter, as the noble Lord, Lord Rennard, was asking me about it—that following considerable reflection the Government have committed to holding a referendum on the alternative vote system early in the next Parliament. Alternative voting offers voters the chance to express as many preferences as they wish. Where a candidate does not have majority support, these further preferences can determine the outcome. Under AV, therefore, MPs will have broader support than under first past the post and we should see more MPs elected with support from a majority of voters. We believe that the system is the best way to increase the electorate’s stake in their representative, encouraging parties and candidates to reach out beyond their core support while crucially maintaining the essential link between an MP and a single geographical constituency. Speaking personally, I think that that is the most important principle of all. So far I have mentioned the Government’s initiatives and plans, but there is another, equally important, aspect to political and constitutional reform, which was referred to by many noble Lords in this debate—the noble Lords, Lord Butler and Lord Luce, and the noble Baroness, Lady Murphy, among them. That is reform of Parliament itself. It is the same issue but slightly different. It is a very important issue, although perhaps one that the country understands the least, because it seems so far upstream. I speak of reforms to the procedures and internal workings of this House and of another place. The report produced by the committee chaired by the honourable Dr Tony Wright has been mentioned frequently in this debate. I am pleased to say that the Leader of the House of Commons has announced that time will be made available on 23 February for Members in another place to debate that important report. We are keen to continue the reforms by taking forward the recommendations contained in the report of the Wright committee, which the Prime Minister of course set up, but the Government’s preference is for these reforms to be agreed on a widely based consensus and taken forward as soon as possible. We are committed to providing time for a debate next month and are proposing 21 specific recommendations for implementation. The report was wide-ranging but not unanimous; indeed, the report from the Liaison Committee of another place showed that there is not unanimity. It is not a question of the Government against the wishes of the other place; we are facilitating the House with an opportunity to come to decisions on it.