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Mr. David Heath (Somerton and Frome): The right hon. Gentleman is talking about the powers of the Executive in this and in another place. Does he believe that the Executive should be represented in the other Chamber if it is to carry out its legislative scrutiny role properly? Why should the Executive be represented in another place?
Mr. Sheldon: We look forward to seeing the royal commission's report. I do not see how those serving on a royal commission can agree about an issue such as this. If I were to put the people I know on a royal commission panel, I would assemble as many views as there were commission members. It will be interesting to see how the royal commission will come to some agreement and whether its members will be prepared to compromise their views.
The major question is how to ensure that hon. Members have the reasonable level of independence necessary to secure good legislation and an active debate that represents the views in the country and focuses the nation on the issues that concern it most. In this connection, the only alternative to the dogfight between two sides of the House--which is necessary, but not sufficient--is the role of Government Back Benchers.
Mr. John MacGregor (South Norfolk):
I shall begin by making two comments on points made by my hon. Friend the Member for Woodspring (Dr. Fox). They are points that I have made in the past, but they are worth repeating in any debate on the House of Lords.
First, I agree with all the criticism of the Government for proceeding with phase 1 without knowing what phase 2 will be. They have put the cart before the horse. It is clear that the Government gave no thought beforehand to the long-term consequences of their proposals. The speech by the Leader of the House made that particularly clear, because she dodged all the issues of what phase 2 might consist of, and resorted to leaving that question to the royal commission and then to the Joint Committee and the House. That is a fundamental criticism of the Government.
Secondly, I agree also with the right hon. Member for Ashton-under-Lyne (Mr. Sheldon). I suspect that we shall be stuck with phase 1 for a long time, partly because of the run-up to the next election and the processes that must be gone through, and partly, as the right hon. Gentleman said, because of the difficulties of reaching any agreement, not least in the royal commission, and in the House, about what a long-term phase 2 should be. I believe that the House of Lords as it will be constituted under the House of Lords Bill will be in place for a very long time, which I find deeply unsatisfactory.
I was not sure how the right hon. Gentleman would conclude his speech, because he spent most of his time talking about the House of Commons, rather than the House of Lords. I suspected that he would say, as he did, that, if the Commons reformed itself correctly in a number of the ways that he outlined, it would not matter too much what the House of Lords was like because it would not have many functions. I do not share his optimism--if there is optimism, which I doubt--that the Commons will be able to address some of the points that he made. It is therefore important to consider the composition and powers of the second Chamber.
Mr. Dominic Grieve (Beaconsfield):
Does my right hon. Friend agree that nothing would provide a greater incentive for reform of the House of Commons than the reformed House of Lords doing its job correctly?
Mr. MacGregor:
I agree, and I shall return to that point later.
The right hon. Member for Ashton-under-Lyne referred to the increasing dangers of the power of the Executive over the legislature and the centralisation of powers. If we leave in place a weakened House of Lords, which I suspect we shall have, and an unreformed House of Commons, which we shall probably have also, the power of the Executive will continue to increase. That is why we
need to consider a stronger House of Lords and, perhaps, a reformed House of Commons. However, a reformed Commons will not, on its own, be sufficient.
Mr. Tyrie:
Does my right hon. Friend think that the likelihood of Commons reform would be greatly enhanced if the Lords were given moral authority and powers? That would stimulate this place into reforming itself.
Mr. MacGregor:
It might, and I just agreed with my hon. Friend the Member for Beaconsfield (Mr. Grieve) on that very point. It is much more likely that the Commons will reform itself if we have a House of Lords that is different from that envisaged in the Bill going through Parliament at present.
Having made two points that have frequently been made and with which I strongly agree, I turn now to the future and the royal commission and its report. Lord Wakeham's royal commission began in an excellent manner. I have read the consultation paper several times, and it raises most of the big issues, only a few of which I shall have time to refer to today. I am encouraged by the fact that it has not assumed certain points, particularly those relating to powers, but is raising all the fundamental issues relating to powers as well as composition. I shall comment on the criteria, the powers and the composition.
On the criteria, I absolutely share the position of the Leader of the House and agree with her about the pre-eminence of the House of Commons. I am an out-and-out House of Commons man, and the only difference on that point between me and the right hon. Lady is one of sex. I shall comment on one criterion that is included in the consultation paper and one that is not. The first, which I want particularly to single out, is the importance of the second Chamber complementing, rather than duplicating, this Chamber.
Mrs. Beckett
indicated assent.
Mr. MacGregor:
That criterion leads to a number of conclusions, and although the Leader of the House nodded on that point, I thought that her remarks about powers demonstrated that she has a closed mind about the second Chamber complementing the Commons. If she takes that point seriously, it will lead her to consider more powers for the House of Lords.
On page 6 of the White Paper, the Government say that
A criterion that is not listed, but which is very important, is that the second Chamber must attract high-calibre people who have a wide range of experience and expertise. I agree with the Leader of the House on this; she mentioned the issue, but did not follow it through. If we are honest, perhaps too much of the House of Lords is in the nature of what my right hon. and learned Friend the Member for Rushcliffe (Mr. Clarke) described in a recent article in the Evening Standard as:
People with outside careers, who in the past have entered the House in their late 30s and contributed a great deal, must now choose between that outside career and a much lower salary and--frankly--poorer pensions. That is partly because we make it more difficult for people to have outside interests, but mainly because if people lose their seats in their late 40s or early 50s, they find it extremely difficult, given the nature of the world of work today, to pick up the threads, have anything like an attractive career in the run-up to their retirement and secure a reasonable pension.
I speak with some feeling on the matter because, as chairman of the House of Commons trustees pension fund, I see acute cases among ex-colleagues who have lost their seats in their late 40s and early 50s. People outside the House are aware of that, and, as a result, do not want to enter it. The House of Lords could assist in bringing in such outside experience, thus complementing and supplementing this place.
We will not fulfil either key criteria unless we recognise the need to tackle the question of powers. If the reform is to be proper, thorough and long term--that ought to be the Government's aim--the second Chamber must make a contribution to the political life of the nation that is noticed and respected. The media must take notice of it, and the establishment, the Government and the civil service must take it into account. It must also affect decisions--that means changing as well as influencing Government policy.
I accept that one of the weaknesses of the strong hereditary composition of the House of Lords was that, in practice, it constrained that body in its exercise of such functions. Therefore, even when it had such powers, it did not exercise them very fully. If I am honest, speakingas a former Minister with 15 years' experience in government, I also know that, quite often, the belief that the House of Lords has a powerful influence over policy and the practice are two different things. Therefore, it is important to strengthen the House of Lords in that regard. If the House of Lords is to act as a better second-Chamber check on the Executive than it does now, it must have strengthened powers. I hope that I have shown that I believe that it is crucial to tackle the question of powers first, and composition second.
I was critical of the White Paper because it gave much more attention to composition than to powers. In fact, at some points, it talks of weakening the powers of a second
Chamber. Indeed, I was a little concerned that the Leader of the House was going down that route today when she said that she did not believe that the House of Lords should have more powers than it has at present. I am very glad that the royal commission is not approaching its task in that way.
If I were at all critical of the excellent report from Lord Mackay and his colleagues--it was instituted by the Conservative party, and is an excellent contribution to the debate; it has certainly moved the arguments on considerably--I would say only that it tended to take the view that the powers of the House of Lords should be left as they are and should evolve organically, rather than being tackled now. I believe that there will not be a third chance to consider the powers of the other place. Indeed, today we have already argued that there is a danger that there will not be a second opportunity to do so. It is therefore important to consider the matter of powers now.
What should the powers be? Moreover, how will the powers be used, and will they be used?
"the second chamber must have a distinctive role",
and on page 7 they refer to a "fundamental transformation" of the constitutional processes, including the way in which the House of Lords is reformed. The complementary nature is a key criterion, and will underline everything that I shall say about powers and composition.
"A pleasant club and a debating chamber made up of people who are reluctant to retire from public life but don't want to go through the process of election any more."
9 Jun 1999 : Column 675
That is something of a caricature, although there is an element of truth in it. It does not lead me to the same conclusion as that drawn by my right hon. and learned Friend, which was that the second Chamber should be wholly elected--I shall come to that--but it is an important point in considering what we want the House of Lords to do.
Attracting high-calibre people who have a wide range of experience and expertise is fundamental. We need to do so if we are to have a stronger Chamber than now--and one that is respected. As the right hon. Member for Ashton-under-Lyne said, it is becoming more and more difficult for this House to attract people in the middle of, or slightly later on in, their careers, who have considerable experience and expertise from a range of walks of life. This House--I regret this--is therefore composed more and more of people who are full-time politicians, from the time they leave their educational experiences to their retirement from this Chamber. In other words, we are increasingly politician-dominated.
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