Appendix 2: Government response (Constitutional
Reform and Renewal)
I would like to thank you and your colleagues on
the Justice Committee for your continued interest in the Government's
constitutional reform programme, the most recent product of which
is your report Constitutional Reform and Renewal, published on
21 July. I believe that this Government can be proud of its many
achievements.
The Justice Secretary addressed many of these issues
face-to-face at the evidence session on 14 July, but there are
a number of points in your report to which I would like to respond
further.
I note the Committee's comments on the Constitutional
Reform and Governance Bill, and I am grateful to the Committee
for its detailed scrutiny of the draft Constitutional Renewal
Bill. I believe that the Constitutional Reform and Governance
Bill includes an important package of measures which will help
to rebuild trust in our democratic and constitutional settlement
by introducing greater transparency and accountability across
government. The measures being taken forward in the Constitutional
Reform and Governance Bill remain significant and worth legislating
on, even if they do not include everything which was in the draft
Constitutional Renewal Bill.
We responded to criticisms of the handling of the
Parliamentary Standards Bill during the passage of that Bill.
Far from undermining public trust, we believe the public demanded
an accelerated passage for the Bill to establish an Independent
Parliamentary Standards Authority. Moreover, I believe that Parliament
was able effectively to scrutinise the Bill, which was the subject
of lively debates in both Houses and reports by your Committee,
the Lords' Constitution Committee and the Joint Committee on Human
Rights. We listened to views expressed in Parliament and by the
Select Committees, and the Bill was amended where it was appropriate
to do so.
Beyond these individual points, I would like to comment
on your interpretation of the overall position. The Government's
response to the sea-change in public interest in constitutional
issues following the alleged abuses of the MPs' expenses scheme
was prompt, decisive, and based around cross-party agreement.
I think the changes in the debate on constitutional reform have
seen this Government show both the flexibility to accommodate
immediate needs and the long-sightedness to pursue a consistent
reform agenda over time.
You welcome the establishment of Tony Wright's Reform
of the House of Commons Committee. I stand alongside you in welcoming
the debate this Committee will facilitate, and look forward to
the publication of its report on 13 November. I hope that MPs
from across the political spectrum will engage positively with
the new committee.
You make reference to the appointment of life peers
as Ministers by the Prime Minister. This Government has already
taken forward historic reforms of the House of Lords, including
the removal of most hereditary peers and the establishment of
the House of Lords Appointments Commission, as a result the House
of Lords has become far more representative of the population
at large. The Government's plans for further reform of the House
of Lords are twofold. The Constitutional Reform and Governance
Bill includes important measures to ensure that there is a robust
disciplinary regime in the House Lords. Specifically the Bill
will:
- provide that Peers can be suspended or expelled
from the House;
- allow Peers to resign and disclaim their peerage;
- provide that peers are to be disqualified from
the House after being convicted of a serious criminal offence
or being made subject to a bankruptcy restrictions order.
The Bill will also modernise the House of Lords by
abolishing by-elections to replace the remaining 90 hereditary
peers when they die. We are also committed to comprehensive reform
to create a second chamber that has a democratic mandate and befits
a modern democracy. We will bring forward draft legislation on
a reformed second chamber in the coming months.
You note the Prime Minister's comments on a written
constitution. I agree with you that moves towards such a written
constitution would merit careful consideration of a number of
fundamental issues, and I am sure you welcome, as I do, the Prime
Minister's statement on 10 July that "any such proposals
will be subject to wide public debate and the drafting of such
a constitution should ultimately be a matter for the widest possible
consultation with the British people themselves".
With reference to the Government's intention to extend
the application of the Freedom of Information Act, the Ministry
of Justice and the Information Commissioner have kept the resources
available to the Commissioner's office under regular review, and
will continue to do so. We note the Committee's restated view
that the Commissioner should be an officer of Parliament, but
the Government's position remains that the present arrangements
are appropriate, providing for independent decision making by
the Commissioner while permitting proper scrutiny of resources.
You also question the adequacy of means to take forward
the Government's constitutional reform agenda in an appropriately
consultative manner, making particular reference to the widespread
consultation process around Building Britain's Future. While you
are correct that the current climate has raised the profile and
political significance of constitutional reform to new heights,
we must remember that the Government's proposals form a continuous
programme of constitutional reform designed to open up Government
to greater scrutiny and increase accountability to Parliament
and the people. Consultation has been at the heart of that process
and the Government has utilised both traditional and innovative
means to consult. Building Britain's Future has added fresh impetus
at a crucial time, not to meet the timetable of a general election,
but to address the concerns of British citizens.
I am grateful for the positive comments in the reports
and I looking forward to engaging with the committee as we seek
to implement our plans for constitutional reform.
Rt Hon Michael Wills MP
Minister of State
Ministry of Justice
29 September 2009
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