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21 Jan 2003 : Column 257—continued

Mr. Tyler: Has the hon. Lady recognised the significance of the comment in the Joint Committee's report that


which makes her point for her?

Fiona Mactaggart: Indeed, it does. I hope that at the end of our deliberations the Joint Committee will go back to that question. If we get rid of the embarrassment of an inherited element in the second Chamber, I do not want us to have the embarrassment of an over-huge second Chamber.

I hope that the House of Lords will ensure that the views of the Commons are respected in its vote. I do not think that the debate has been wholly reflective of those views. It is disappointing that so many of the minority of the Commons who do not support elections have been called to speak, because it is inevitable—

Mr. Deputy Speaker (Sir Alan Haselhurst): Order. The hon. Lady has now made that point twice. I remind her that if she wishes to criticise the selection of the Chair she must do so on a substantive motion.

Fiona Mactaggart: Thank you, Mr. Deputy Speaker, for reminding me of the proper procedure. I will follow it in future.

Inevitably, the decision of the members of the House of Lords will be affected not only by their belief of what is best for the governance of Britain, but by the effect upon their lives. What decision we make about the future of the second Chamber will hugely affect the lives and working conditions of the people who are in it now, not just people for whom election was fine when they were in this place, and who suddenly found that it was not quite what they liked as they went down the

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Corridor, but also other people who argued compellingly for elections before they themselves were appointed to the House of Lords. Lord Lipsey used to be a clear advocate of such elections, and is an example of someone whose views have been changed by experience. I urge people to listen to the view expressed by the majority in this House.

At the beginning of my speech, I said that I intended to avoid making the quest for the perfect solution the enemy of the good solution. I have a perfect solution for the composition of this Parliament's second Chamber, but I have not put it forward, as we need a solution around which we can unite. The process that is under way gives us an opportunity to make that happen. All of us will have to make sacrifices, but we can make progress towards a modern democratic state in which the power is in the hands of the people. If we miss this opportunity, we may not have another for the next 100 years.

6.5 pm

Mr. Edward Leigh (Gainsborough): I apologise to the House for missing the early part of the debate. The point that I want to make has hardly been made this afternoon, although it has been alluded to by my right hon. Friend the Member for Bromley and Chislehurst (Mr. Forth), the shadow Leader of the House, and by my hon. Friend the Member for Stratford-on-Avon (Mr. Maples).

We are losing sight of an essential problem with our legislature. We should not spend so much time arguing about the mix between elected and appointed Members in the other place. We should direct our attention to the quality of those Members, and their ability and wish to hold the Executive to account.

The problem with our House of Commons is that too many hon. Members want to become Ministers. It was said that every private in Napoleon's army had a field marshal's baton in his knapsack. In the same way, every young Member of Parliament coming to the House believes that he has a ministerial red box in his knapsack.

Mr. Greg Knight: As you did.

Mr. Leigh: My hon. Friend says that I did. That is true of many of us, although we may deny that ambition. The point was put charmingly by Mr. Speaker when he was bidding for his present post. He said that he had never become a Minister, but also that no one had ever asked him to. Many of us share the genuine and proper ambition of playing a part in governing the country, but what does that mean for Parliament? The Executive is drawn from the legislature, and that means that it has overwhelming power when it comes to getting its will through the House.

How often do hon. Members seriously test the Executive? We have wonderful debates on occasions like this, and free votes on hunting and other matters, but how many first-class debates are there on substantive issues, with Government policy at stake? How often are substantial numbers of hon. Members prepared to rebel against their parties? It is very rare, as too many of us are former or would-be Ministers.

When we consider the composition of the other place, we should not concern ourselves only with the mix. I am a Fabian gradualist in this matter. The consensus seems

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to be that we should get rid of the hereditary peers. I am a traditionalist and therefore regret that, but that appears to be the settled will of this House. I am prepared to have an elected element in the other place, but the problems with that solution have been set out.

For example, who will comprise the elected element? I believe that it will be made up of people who cannot get into this House. People will probably be elected on a closed list of proportional representation. That appears to be the Executive's favoured way to proceed. There are many devices—lengthy terms of election, or different forms of election—by which we can try to prevent them being party hacks. I support all those options, but the fundamental problem remains. It is that the people who go into the other place will be young 30-somethings or 40-somethings. The other place will have a Whips' Office, and those people will be ambitious to become Ministers.

A model exists for the second Chamber—the American model. That may not be popular with the House. Colleagues seem to reject any argument based on what the founding fathers tried to achieve in the 18th century. Should we spurn the model of the US Senate? Members there are elected for six years, and cannot be part of the Executive. They therefore have genuine independence, which we do not have in this place. It is inevitable that we shall move to some form of election for the upper Chamber, but I echo the words of my hon. Friend the Member for Stratford-on-Avon. Please, let us not replicate what we have here; we must not create a new cadre of young, ambitious politicians. We must try to ensure that there are independent men and women in the second Chamber.

Mr. Forth: May I remind my hon. Friend and the House of the words of James Madison, one of the founding fathers? He said that the idea of the upper House was


and the


Surely, that makes the argument as well as anyone could.

Mr. Leigh: Yes, especially when it is expressed in the fine and eloquent English spoken by so many of the American founding fathers in their debates.

Members of the upper House may be elected, but let us make them genuinely independent. I agree that it is useful for the Executive to be able to appoint technocrats as Ministers in the other place. Sometimes, there is a shortage of people who are capable of holding the position of Attorney-General and suitable people can be drawn in from the legal profession and placed in the House of Lords and made Ministers. I am happy with that arrangement.

However, perhaps the elected element of the upper House should be told that they cannot become Ministers—although I realise that the Government will not give us a final answer on that. We could create an assembly, such as the US Senate, that can advise and give consent, for example, on senior appointments such

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as permanent secretaries or ambassadors. Such a House would have limited powers; it could scrutinise measures without being too party political. Its appointed Members would be in their senior years, and their personal ambition would be spent. They would want to consider the detail of our legislation.

One of the finest Members of the other place, Lord Renton, has been a Member of this and the other place for between 50 and 60 years. In his 90s, he is still working in the House of Lords, tabling amendments. What a great man. We want more people like him, who are not personally ambitious. We want such people to be the elected Members, not young ambitious politicians who are thinking only of themselves and wanting to become Ministers.

6.12 pm

Mr. Win Griffiths (Bridgend): I thank my right hon. Friend the Member for Copeland (Dr. Cunningham), the Chairman of the Joint Committee, and all its members for bringing us their report in a timely fashion. Their critics claimed that the Joint Committee was established to kick the issue into the long grass. The critics have been proved wrong and, instead, the report offers options on which the Committee was able to agree, with the promise of further work to fine-tune and develop the process if the House votes firmly—as I believe it will—for a second Chamber with a majority of elected Members.

The effrontery and brass neck of some Opposition Members never cease to amaze me. In opposition, they plead that we need to bring the Executive under control, yet for 18 years, while they were in government, they did everything possible to ignore the legislature and to ensure that the Executive remained over-mighty. It is good that they have changed their minds.

The Opposition failed to mention, however, that this debate is a sign that the Commons are seeking to establish their power and credentials against the will of the Executive as expressed in the White Paper. Labour Members told their Government that the White Paper was unacceptable, so the Joint Committee was set up. We are holding the debate because this House has concern for parliamentary democracy. That is why we need reform of the second Chamber and democratic elections to it.

I should like the second Chamber to be 100 per cent. elected, but I appreciate that, for the sake of consensus, I may have to settle for 80 per cent. or, perhaps at worst, 60 per cent. If 80 per cent. of hon. Members voted for 80 per cent. of the second Chamber's Members to be directly elected, there would be no need for me to support any lesser option because it would be very clear that the broad consensus in the House was in favour of that proposal.

Much play has been made of the fact that those who do not want the second Chamber to be directly elected want total appointment or most of its Members to be appointed. I am surprised that hon. Members—some of them are my right hon. and hon. Friends—lack the confidence to allow a second Chamber to exist with the powers that it broadly has now while making both Houses of Parliament democratic. I have the feeling that a large element of democracy is being interpreted through the perspective of the benevolent despots of the

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19th century, who at the time were regarded as a step forward but who certainly did not have a lot to do with concepts of democracy.

The idea that wholly or mainly electing the second Chamber will somehow lead to conflict with this House is not upheld by history or experience. There can be such gridlock in the United States because its constitution was framed exactly to prevent the Executive from becoming over-mighty. That was a deliberate choice of the founding fathers and James Madison, who, perhaps more than anyone else, can be regarded as the writer of the American constitution, wanted it that way, as the right hon. Member for Bromley and Chislehurst (Mr. Forth) has kindly pointed out to hon. Members. However, other second Chambers around the world do not challenge the first Chambers. In fact, the Canadian second Chamber, which is appointed, has proved to be the most difficult for that country's first Chamber.


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