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21 Jan 2003 : Column 238—continued

4.56 pm

Mr. Malcolm Savidge (Aberdeen, North): I congratulate the Government on setting up the Joint Committee because I firmly believe that, as far as possible, we should try to seek cross-party consensus on the constitution. The greatest consensus between the parties and even between the Houses is on the supremacy of the House of Commons. I urge that the supremacy of the House of Commons should apply in deciding the proportion of elected Members of the House of Lords.

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Given the possibility that the House of Commons will support a predominantly elected second Chamber and that the House of Lords will support a predominantly unelected one, and given the rumours, which the right hon. Member for Richmond, Yorks (Mr. Hague) referred to in his very entertaining and cogent speech, that Downing street might favour a completely appointed Chamber, it is very important that the Executive should not use a vote in the House of Lords to undermine or dilute a vote in the House of Commons.

The supremacy of the House of Commons can be asserted in various ways, partly because of the general acceptance to which I have referred not just in both Houses of Parliament, but among the public; partly because of the historic tradition, as is chronicled in the report; and partly through statute, such as the existing Parliament Acts. However, it would not be right to assert that supremacy because of the relative illegitimacy of the other House, for two reasons. First, however illegitimate the other House, its Members might not recognise that they are illegitimate—just think of some of the arguments that the hereditary peers used to use. Secondly, the more illegitimate it is for the other House to overrule the House of Commons, the more illegitimate it is for it to interfere in any way.

What about a wholly appointed upper House? We should remember the Lord Chancellor's wise words in 1997:


Some people say that the Appointments Commission is the solution to that. I am sorry, but I do not quite follow the argument that a quango ceases to be a quango if it is appointed by a super-quango, or that the problem of having an assembly of the great and the good is solved if that assembly is appointed by a committee of the very great and the very good.

It has been suggested that the committee of the very great and the very good would probably be heavily influenced by the assembly of the great and the good. That would be a recipe for a self-perpetuating oligarchy. People might say that the upper House could thus be made more representative. However one balances race, creed, gender or all the other different factors, one cannot help but believe that a House appointed by a tiny committee would be unrepresentative. It would be a clique, and it would be liable to represent an elite of the wealthy and successful in this country.

Mr. Peter Kilfoyle (Liverpool, Walton): On that point, does my hon. Friend think that the so-called people's peers were a great success? Did they reflect a balanced series of appointments to the House of Lords?

Mr. Savidge: No, they are not a success; they demonstrate exactly my point.

Mr. Clelland: Will my hon. Friend give way?

Mr. Savidge: No, I must proceed because of time.

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Apart from anything else, why should a small group choose the representatives of 60 million people? We have just heard that we got rid of Old Sarum, where seven people elected two MPs, and Dunwich under the sea, where 14 did.

Mr. Key: Five.

Mr. Savidge: Sorry, it was seven on the date that I looked it up, but I accept the hon. Gentleman's point. I say to those whom I would dare to call the forces of conservatism: do they really want to go back not just centuries but to a different millennium?

Should the Appointments Commission appoint party appointees? If so, what right does it have to choose who represents the parties? On the other hand, can one imagine a better way to create meaningless ciphers than to allow the party leaderships to appoint and re-appoint people? The more I read through the royal commission report, the White Paper and the various other appointment proposals, the more I return to Churchill's famous dictum that


What we need is election, but not the Conservatives' original proposal for a first-past-the-post system in counties, which would simply increase the landslide in landslide elections, and would disadvantage the minor parties even more. The advantages of the present system of election to the House of Commons are that it provides the constituency link and clear majorities, and it avoids giving excessive power to minority parties, which happens most notably in the Knesset. The weakness of our system is that a party can gain a very large majority on just over 40 per cent. of the vote. Usually—this was not the case in the previous Parliament—a party's popular support slumps during mid-term. Until we have fixed-term Parliaments, Prime Ministers will be able to choose a favourable time for an election, so a party can have a longstanding large majority based on the support of only about a third of the public.

To balance that, we should have a second Chamber that creates greater equity. On that point, I agree with the White Paper: party membership should aim to reflect party strengths in the country. The best way of doing that is proportional representation. I accept the point made by the hon. Member for North Norfolk (Norman Lamb) that a party majority would be possible under that system, but only if that party had more than 50 per cent. support in the country.

Surely expertise is best ensured by improving the Committee system and bringing in relevant expertise, especially for pre-legislative scrutiny. On length of term, I agree with the Leader of the House and the right hon. and learned Member for Rushcliffe (Mr. Clarke) that 12 years seems too long. The size of the second Chamber should be reduced. If we have a reduced-size Chamber that is elected on a PR basis with large constituencies, and it is made absolutely clear that Members do not have constituency duties in our sense but legislative duties—and that they will not get the budget or the support to have constituency duties—we would not have the nightmare that was being conjured

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up by my right hon. Friend the Member for Carrick, Cumnock and Doon Valley (Mr. Foulkes). The problem in the Scottish Parliament to which he referred was a result of list MSPs being treated—stupidly—as though they were super-constituency MSPs and given special assistance to interfere in constituencies. That is not necessary. The experience of the hon. Member for South Staffordshire (Sir Patrick Cormack) is an exception: most of us find that MEPs do not frequently interfere in constituency business.

Mr. McCabe: Will my hon. Friend give way?

Mr. Savidge: I am sorry, but I do not have the time.

I favour a 100 per cent. elected upper House, and one that is elected on a proportional system so that it balances the current system for the House of Commons. Its powers would be limited de jure to those that are exercised de facto by the current House of Lords. I do not believe that it would rival this House or that that would lead to constant battles with this House. I refer to the remarks of my right hon. Friend the Leader of the House and my right hon. Friend the Member for Gateshead, East and Washington, West (Joyce Quin). Many other elected democracies have elected second Chambers and do not face the nightmares that were conjured up by my right hon. Friend the Member for Carrick, Cumnock and Doon Valley and my hon. Friend the Member for Ealing, Acton and Shepherd's Bush (Mr. Soley).

Despite my preference for an upper Chamber that is 100 per cent. elected on a PR basis, I recognise that compromise may be necessary. I also recognise that, in this building, constitutional change often moves almost as slowly as the lifts.

5.6 pm

Sir Teddy Taylor (Rochford and Southend, East): The most worrying thing about the debate has been the impression given by the great majority of speakers that, if we go ahead with the reform plan, great advantages will result, democracy will be strengthened and we will not face any new problems. As the majority appear to believe that, I hope that they will think about the issue and ask themselves how reform will make things any better.

My right hon. and learned Friend the Member for Rushcliffe (Mr. Clarke), who is unfortunately no longer in his place, said that the new system will strengthen our democracy and give us more control over the Executive. However, let us consider the last two days in Parliament. Last night, we had the wonderful debate on herbal foods. There was great discussion but, even if the Conservatives had won the vote, nothing would have happened. The directive would have to apply in any event. What the blazes of a difference would an elected House of Lords make? Last Thursday, the splendid Minister for food told us all about the agreement on fishing that was reached in the European Union. About 20 Members asked him all sorts of questions and demanded more action, but we could do nothing. What difference would an elected House of Lords make?

We must also ask ourselves what is wrong with the current position. The power is here in the House of Commons and the House of Lords might ask us to

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reconsider an issue, and its suggestions are often sensible. However, the most that it can do in extreme circumstances, if it thinks that there is a threat to freedom or liberty or something agricultural, is to say that it wants to halt a measure for a year. If we change the upper House and make it elected, how will that strengthen our democracy, particularly if its elections have taken place more recently than those to this House? It will say that it has the power that we do not have.

We have introduced many constitutional changes recently without thinking them through. Sadly, they have brought about far more problems than advantages. If we go ahead with the plan, we will simply create a costly nonsense that will further undermine our democracy, which is already dying. That can be seen from the continual reduction in the percentage of people voting in elections. For example, the turnout in the European elections was 25 per cent. and the figure of about 60 per cent. for the general election was down on the previous one. What is even more worrying is the effect on young people. I have the impression that they have switched off from democracy.

In the old days, our strength was that the people who came to this House made laws, passed the taxes and were answerable directly to the people. If the people did not like us, they could chuck us out. The people had real control. Our other strength was that, although the House of Lords did not have any power, it was a wholly independent body that could ask us to think again. Things have changed. We often fail to talk about or even understand the fact that a massive amount of power has gone from the House of Commons because of our European arrangements. We can no longer decide a huge number of things but, instead of facing up to the issue perhaps by reducing the number of Members of Parliament, we have set up whole new armies of politicians and the people are not sure who is responsible for what.

Hon. Members should ask themselves what their constituents would do if some members of the Government got their way and we had Euro MPs who were elected one way or another, and one never knew exactly who belonged to what party. In addition, our constituents will have MPs, an elected House of Lords answerable in some way to their area, people who are elected to regional governments and councillors. If we create the nonsense of a massive democracy, with all kinds of governance, there will be less and less power to share around.

We also have to ask about the cost. Surely we are all aware that although we do not have elected assemblies in England, we have regional government and it is costing a fortune. We know that an elected House of Lords will cost a fortune, and it will be a total disaster. [Interruption.] Someone seems to disagree. Surely not.


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