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Proceeding contribution from William Cash (Conservative) in the House of Commons on Monday, 7 June 2010. It occurred during Debate on Political and Constitutional Reform Committee.


Political and Constitutional Reform Committee

I do not think that there is a time in recent history when there was a greater need for a Committee of the kind that we are discussing this evening. I also believe that the issues that we are concerned with in 2010 largely turn on the question of who governs Britain and how. Those are matters that the Committee should and must look at very carefully indeed. One point that I would like to put to the Leader of the House—or the Deputy Leader of the House, if he is replying to the debate—is this: are we sure that there will be an opportunity for the momentous issues put forward in the coalition agreement to be considered by the Committee before the decisions are taken and put through? I am thinking, for example, of the question of the alternative vote and the referendum on it. I am also thinking of whether other referendums—of the kind that relate to the European Union—would be considered by the Committee and given full weight, in the light of the fact that, for so much of the legislation that goes through this House, it is in fact incumbent on us to pass it, because of section 2 of European Communities Act 1972. That raises the question of sovereignty, which is another matter that has to be considered in the Committee before decisions are taken, because the fact is that the sovereignty of this House is not just the sovereignty of this House; it is the sovereignty of the people who elect us to this House. This is their Parliament, not ours. For that reason, sovereignty is another matter that needs to be given the most careful consideration. Then there is the issue of fixed-term Parliaments, which my hon. Friend the Member for Wellingborough (Mr Bone) mentioned, and the 55% rule that is being brought forward. Is that not something that the Committee should look at? If we are serious about the importance of a Select Committee to look into such matters, with powers, as the motion says,"““to send for persons, papers and records…to adjourn…and to report from time to time; and…to appoint specialist advisers,””" is it not incumbent on us in passing it to be aware that it is essential that such matters should be considered by the Committee before decisions are taken? Otherwise the motion might turn out to be no more than an empty piece of paper. Then there is the further issue, which my hon. Friend also mentioned, of the West Lothian question, along with the whole question of devolution—I look across the Chamber to the Members from the Democratic Unionist party and other minority parties. These are huge issues; they are not just minor matters, to be rammed through at a moment's notice. They need careful and proper consideration, and the Committee would be able to give them just that. I should also mention the fact that the coalition agreement contains proposals on the sovereignty issue, which has now been taken out of our manifesto commitments, much to my regret, and put into what I hope will not be the long grass, so that there can be a proper consideration of the necessity of having a sovereignty Act—a gold-standard sovereignty Act, if I may say so, along the lines of that which I have proposed, which has been approved by eminent constitutional authorities. The reason for that necessity is that there are occasions already when measures go through—at least three such measures have gone through the European system—without proper consideration by the European Scrutiny Committee, and they are matters that would normally be subject to scrutiny reserve. The Leader of the House has kindly replied to me this evening regarding my concern on those points. They are huge matters affecting the entire economy of this country and its stabilisation, not to mention the City of London, regulation and many other things. Then there is the whole question of human rights. That is another matter that might overlap to some extent with another Select Committee, but it is a matter of enormous importance, because it affects the entire social fabric of the nation. The Lord Chief Justice himself has recently remarked that we must beware of the manner in which the common law is being superseded by the decisions and precedents being taken by our judiciary at the expense of the common law. He mentioned in particular the Strasbourg convention—let alone the Human Rights Act itself. In a recent and very important speech, Lord Hoffmann, a former Law Lord, pointed out that the Strasbourg Court aggrandises itself, and believes that it is no more than a federal system. In a speech the other day, the Deputy Prime Minister described the Reform Act of 1832 as the basis for the reforms now being proposed. There have been several Reform Acts, but the 1832 Act, in itself, was far less important than the Reform Act of 1867 and the Acts that followed from it, for the simple reason that the Reform Act of 1867 resulted from a massive campaign by the people of this country, in the wake of the repeal of the corn laws, to ensure that there was a proper and democratic system whereby the people's own views would be expressed in general elections on a scale commensurate with the requirements of the time. I must point out, with respect to the Deputy Prime Minister, that the 1832 Act was necessary to get rid of corrupt rotten boroughs, although it did not prevent rotten boroughs from persisting. The borough of Stafford, which I had the honour to represent for about 14 years, was up for the chop in 1835. The Bill to disfranchise the electors of Stafford was passed in the House of Commons, and they were only saved by the intervention of a general election. This is an issue of the greatest importance. Parliamentary reform—radical parliamentary reform—is fundamental to the future of this Parliament and of this nation. I believe that the Committee can do the job, but it will not be able to do the job that is being prescribed for it if decisions have already been made, under the coalition Government and agreement or otherwise, which pre-empt its ability to make recommendations about the seminal reforms that are needed to return true democracy to this country.


Secondary information

Type
Proceeding contribution
Reference
511 c140-2 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Politics and government Reform Select committees Political and Constitutional Reform Committee
Link
View this Proceeding contribution on www.publications.parliament.uk