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21 Jan 2003 : Column 205—continued

Mr. Forth: Has the Leader of the House just talked himself into our policy, which is an 80 per cent. elected, 20 per cent. appointed House?

Mr. Cook: No. I am too long in the tooth to talk myself into the Conservative party and I am not sure that I would be entirely welcome. I was referring to the common ground between all the published views—including the Government's own White Paper—that there should be a 20 per cent. independently appointed

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element. That does not of course exclude others being appointed on a party political basis and does not necessarily mean that 80 per cent. would have to be elected.

The next stage will be for the Joint Committee to work up a more detailed package. As this debate will help to inform the Joint Committee's future deliberations, I want to take this opportunity before I conclude to invite it to reflect further on a couple of the observations that are included in the report, the first of which is its proposal that the reformed Chamber should comprise about 600 Members. I am glad that the Joint Committee said that it will give that further consideration. I have my doubts as to whether it is desirable to have a second Chamber that is broadly the same size as the first. Personally, I suspect that many members of the public will take some convincing that we require a cast of more than a 1,000 for the membership of the Commons and Lords added together. I fully understand that some temporary increase in the membership of the Lords may be inevitable during the transition process, but I would tempt the Joint Committee to think more boldly about an eventual reduction in the size of the second Chamber. In every other country with a bicameral Parliament, the second Chamber is smaller than the first, usually significantly so. Indeed, there are only five second Chambers in the world with a membership of more than 200.

My second reservation concerns the Joint Committee's conclusion that the period of membership of the reformed Chamber should be 12 years. That strikes me as on the generous side. In the White Paper, we noted that the longest period of membership of any second Chamber was the nine-year period for the French Senate. I can see merit in a membership period that roughly corresponds to two full Parliaments, but I am not attracted to setting a new world record for length of membership of a second Chamber. As this was one of only two matters on which the Joint Committee divided, I am encouraged that some of its members are not attracted to that outcome, either.

Let me end, however, on a point on which I am in enthusiastic agreement with the Joint Committee. Its interim report commences with the warning that, for a century, attempts at reform of the House of Lords have foundered on the lack of agreement on what should replace it. It is a sad lesson of the century since the Parliament Act 1911 that the greatest enemies of reform have often been those most committed to reform. The more strongly Members feel about the case for reform, the more passionately they are inclined to demand agreement to their version of reform. If the current attempt is to succeed, it is essential that all those who want reform show flexibility in supporting whatever option can command the greatest support as the centre of gravity.

It is for Members themselves to decide which option of no matter how many options they are willing to support. I would hope, however, that we can all agree that what is least acceptable is the eighth option of no reform at all. This House now has the chance to set in hand the steps that will lead to a modern, representative second Chamber. I beg all Members to make sure that in two weeks' time, we establish the option that will secure the most support in this House, command the

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broadest possible confidence among the public, stop us arguing over which option for reform, and enable us to get on with delivering reform of the House of Lords.

2.53 pm

Mr. Paul Tyler (North Cornwall): I am delighted to follow three such distinguished speeches from three such distinguished parliamentarians. If I may say so, I was particularly struck by the insights and the amusing references in the speech of the right hon. Member for Richmond, Yorks (Mr. Hague). He is a classic example of what comes when one is released from the responsibilities of leadership. Perhaps I should suggest to his colleagues that the more who are put into that position in the near future, the more contributions of that weight and clarity will be made in the House.

Because I agree with so much of what was said by the Leader of the House and the right hon. Members for Copeland (Dr. Cunningham) and for Richmond, Yorks, I want to underline one or two points and provide some nuances in terms of the issues that have yet to be addressed. I hope that the House as a whole recognises the truth of what the right hon. Member for Copeland said. At the moment, an absurd bagatelle creates the membership of the second House of Parliament, which is extraordinary. The Leader of the House referred to the amazing by-election that is taking place. If we were to describe to anybody else in the world—let alone a visitor from Mars—how a legislator is currently appointed to the second House of Parliament, they would think that we were completely barmy.

Incidentally, the Leader of the House was wrong in one respect. In terms of the electorate and qualification for leadership, membership of one political party is required. That is also slightly curious, given that the particular party in question does not seem to enjoy huge support in the country. If that is democracy, it is a very curious form of it.

Mr. Andrew Tyrie (Chichester): Does the hon. Gentleman think it worth bearing it in mind that the absurd rules to which the Leader of the House referred were put on to the statute book by the Government on a three-line Whip?

Mr. Tyler: I was about to illustrate that by pointing out one reason why that happened. Sadly, in the case of the demise of the hon. Gentleman's noble Friend Lord Oxfuird, it happened because we waited so long for this next stage. Many of us feel that we have waited rather too long, and that is a matter of regret. However, I think that the Leader of the House shares that feeling, so I do not want to rub in that point.

The Leader of the House rightly placed great emphasis on the extent of agreement that exists in the House, across the country and to a considerable extent across parties. This is a wonderful opportunity to make progress, and we simply cannot miss it. It contrasts dramatically with the situation in the late 1960s, when there was no real "centre of gravity", to use the Leader of the House's own phrase. However, I was concerned when, in answer to my hon. Friend the Member for

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North Norfolk (Norman Lamb), he did not take the opportunity to emphasise the pre-eminence of this House in taking this decision. This House has twice had a mandate for reform—not just from the Leader of the House's party, but from my party. Of course, in recent months the position of the Conservative party has also been clarified.

Those who argue that we must arrive at a new constitutional settlement that self-evidently gives pre-eminence to this House, and which secures and maintains it, must therefore surely argue that the vote in this House on 4 February must be seen in a different light from the vote in the other place. Apart from anything else, turkeys that vote for Christmas are not always totally objective. I hope that when we reach that point, the Government, the Leader of the House and the Joint Committee will pay due regard to the respective interests and mandates of this House and of the other place.

I was also interested to hear the Leader of the House say that there is no collective Government view. I do not know whether that means "collective" in the sense in which the term was used in the good old days of socialism, but it is clear that things are different now. It would appear from the article in The Times to which reference has been made that the Prime Minister takes a different view from the collective view of his party and his Cabinet. I hope that at some point we will get clarification as to whether The Times or the Prime Minister is completely off message.

It is a curious fact that, if this is true—I am prepared to accept that The Times may have got it wrong—the Prime Minister is taking a different view from his own White Paper, from the royal commission and even from his Lord Chancellor. In terms of an elected component, the Lord Chancellor wants all or nothing: he is prepared to accept not only nothing, but all, so it is said. If it is also true that the Prime Minister is ignoring the advice of the Public Administration Committee—which, as its excellent letter to us pointed out, unanimously believes that it is certainly possible to design a mixed-membership House—and of the Joint Committee, the views of which the right hon. Member for Copeland has expressed clearly, this is surely an extraordinary situation.

Perhaps the Prime Minister simply has not read the Joint Committee report; after all, he has other considerations at the moment, so I would not blame him for that. However, I hope that it will be made absolutely clear today that what the Leader of the House said has to be right: this is a free vote with no collective Government view, that the Cabinet does not have a collective view, and that the Prime Minister is not dictating the terms of that view.

The report is unique in the consideration of the issue. It is the first time, I believe, that there has been such a broadly representative body, chaired, as the right hon. Member for Richmond, Yorks said, very well indeed by the right hon. Member for Copeland, and it has produced a unanimous report. Yes, there were two small votes, but there is no minority report. There is no mass dissension from the theme of the report. It is the first time that that has happened in the history of this long saga.

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It is agreed that a hybrid mixed-membership second Chamber is possible and, to a large extent, desirable. As the Leader of the House just said, the second Chamber has had a mixed membership for many generations, so there is nothing new about that. Those who favour a 100 per cent. elected House—there are men and women in this House and in the general public who believe that to be the desirable aim—should recognise that we proceed in this country by evolution, not on the whole by revolution. Even if a 100 per cent. elected House is their long-term aim, I hope that they will not discard the possibility of a major move in that direction. That would give an opportunity and hope to those who do not want to move at all.


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