Constitutional Reform and Governance Bill

My Lords, to bring this major, 133-page Constitutional Reform and Governance Bill before this House at what can be described only as the fag end of a Parliament is a disgrace. I suppose one should not be too surprised as this Government have made more ad hoc changes to the constitution than any previous one in recent history. But interestingly, perhaps the most important pledge that the Prime Minister made in his first speech in that role in another place—his commitment to limit the power of the Executive to declare war—is not included in the Bill. In another place the Bill was subject to six procedure Motions curtailing debate and the Government added new provisions during the last two days of Committee. The Bill should have serious consideration in both Houses. Any idea that it can be agreed in the wash-up is ridiculous and, perhaps more importantly, unconstitutional. If we wish to attempt to restore the trust the electorate should have in Parliament, Parliament must be seem to behave in an open and honest way, not least in relation to a Bill which seeks to make fundamental changes to the way this country is governed. When one looks at the provisions of the Bill in detail, the first few clauses relate to the Civil Service. The principle to put the Civil Service on a statutory footing is to be supported, but even a brief reading of the Hansard report of the Committee stage in another place shows that there are many issues that need clarification. The Government are not really clear on the definition of a civil servant—or at least the Minister in another place was not clear. Quangos are excluded—one can see the logic of that—but government-owned public corporations are also excluded. Why? More staff are now employed in public corporations than civil servants. The rights and responsibilities of civil servants should be set out clearly for the benefit of the people whose executive they administer. But the employees of public corporations are also public servants, and they should also be clear of their duties. The proposed Civil Service Commission, whose commissioners, according to the Minister, are not civil servants, although they are appointed by the Crown, will have only to lay a report before Parliament. That does not seem to represent full, proper accountability, especially in the circumstances where the commission potentially has the ability to intervene in the way Ministers, and indeed Permanent Secretaries, run their organisations. What is more, looking at the numerous clauses in the Bill on Civil Service employment, one must wonder why these are not covered by ordinary employment law. The Bill includes clauses that stipulate that appointments to the Civil Service must be made, ""on merit on a basis of fair and open competition"." Why? Are we to understand that is not the case now? It seems to me that it has been the case since the Northcote-Trevelyan report of 1854, so why does it need to be enshrined in legislation now? The details of ratification of treaties also need scrutiny. It is a fundamental change in the way in which the country is able to enter into international agreements. Despite its importance, it has not been made clear during the passage of the Bill how it will affect the United Kingdom’s ability to conduct foreign relations. Next on the list is the removal of the by-election system for hereditary Peers. It is of course a ridiculous system; it was a compromise; it was never supposed to last; it was set up and agreed as an interim measure. However, that it has survived so long is the fault not of the opposition parties but of the Government, who have not come forward with any proposals. I agree that this House has become too large. It is second in size only to the Chinese national party congress. We are the only bicameral country with a second Chamber that is larger than the first. We need reform, but not like this. Then we have the clause that one can describe only as the "Lord Mandelson clause", allowing Peers to return to the Commons. I did not realise that the noble Lord, Lord Mandelson, was still vying for the leadership of the party and is so missed by his colleagues in the Commons. What a tribute to his skills as Lord President. All I can say is that it is good try, but it will not succeed. If one accepts a life peerage, until reform, it is for life—no going back, pay full UK tax and stay here until reform or retirement. This House should not become an interim, mid-career resting place for passing politicians. Then we have the proposed referendum on voting, which is an attempt by the Government to bind the next Parliament and to commit the next Government to a constitutional reform of the highest significance. I am surprised that the issue has not been brought out more by your Lordships today. If there is to be a fundamental change, it should be in a party manifesto that comes before the electorate at the election, not just tagged on at the last minute to this Bill. The alternative vote system proposed by the Government will mean that, instead of the most popular candidate being elected, the least unpopular sneaks in. However, that may just be a personal view. One part of the Bill—I think that it is the only part—to which I can give some support is the right to demonstrate in the vicinity of Parliament. I understand concerns about noise and access to Parliament, but the right to demonstrate is central to our democracy and we need to support it. This Bill will never have a proper Committee stage in your Lordships’ House— there is no time. I have to say that I wonder why we should give it a Second Reading tonight.