Constitutional Reform and Governance Bill

My Lords, when the Conservative Government come in, they will be faced with a great many problems and I do not know where a constitutional reform Bill would fit in their considerations. I do not believe that the noble Lord, Lord Campbell-Savours, really expected an answer. As I was about to say, we welcome Part 2, which allows parliamentary ratification of treaties. In the Commons, the Government introduced clauses in Part 4 making amendments to the Parliamentary Standards Act 2009. They were endorsed by my honourable friends in another place and, indeed, concern only the other place. I will therefore not comment on them further other than to note, as did other noble Lords, the point made by the Constitution Committee that the necessity of making so many changes to a law less than a year old demonstrates the inadvisability of making legislation in haste. Even though we are aware of the circumstances behind it, it is perhaps something for the Government to reflect on carefully, particularly as they have presented us with a Bill in the dying days of a Parliament that, if it got through, would make far-reaching changes but, as many noble Lords have said tonight, can never be subject to proper scrutiny in this place or the other. My noble friend Lord Norton of Louth underlined this; he also drew attention to the inordinate delays that have taken place, with the Bill having languished for months in the other place. My noble friend Lord Henley made it clear that we do not think that Part 5 has been adequately thought through. Although a number of noble Lords have spent time discussing it, we do not believe that it has a place in the Bill. However, we think that Part 6 on the tax status of MPs and Peers is probably worthy of support. Indeed, my right honourable friend the leader of the Opposition has been pushing for something like this for some time. We also support in principle Part 7. It repeals Sections 132 to 138 of the Serious Organised Crime and Police Act 2005, which had imposed restriction on access to Parliament Square. However, the Bill contains replacement provisions that are of concern. Schedule 9, referred to by the noble Baroness, Lady Miller, amends the Public Order Act 1986 by inserting new sections. The schedule applies to public processions or public assemblies where the route or assembly is being held wholly or in part within the area around Parliament. It provides that the Secretary of State may by order—this is a negative order—made by statutory instrument specify, ""requirements that must be met in relation to the maintaining of access to and from the Palace of Westminster"." This order-making power is very broad. I would be grateful if the Minister could clarify how the Government intend to use those powers if they ever have the opportunity to do so. My honourable friends at the other end tabled an amendment that drew attention to the sometimes obnoxiously loud noise that protesters make. It is regrettable that the Government did not make time for it to be debated. I shall also mention Clause 90, which my honourable friends in the other place did so much to get into the Bill. It will ensure that the count starts as soon after an election as possible. I know that creeping delays, which were becoming prevalent in some areas, meant that election results were not available on polling night. That was of concern to members of all parties and it is good that the Government were able to work with the Opposition to introduce this clause. However, the Electoral Commission has drawn attention to the difficulties of ensuring that returning officers, who may have to change their arrangements so close to an impending election, have time to do so. It has just issued draft guidance to that effect. Sadly, however, there has been too little of that spirit of co-operation in evidence in this Bill. The Government have been much more concerned with putting down the Prime Minister’s pet dividing lines than they have with true and fair constitutional reform. The fact that the Government have chosen to proceed with this Bill to Second Reading in this House, thus ensuring that its provisions will be among those considered at wash-up—but at wash-up only, without allowing this House its normal time to scrutinise the legislation properly—means that even those areas where we may agree might not be in proper form for implementation or support. Twenty-eight clauses, or nearly a third of the Bill, were added to it without proper debate in the other place, where the Government control the business. They will get none here. As many noble Lords have said, the Government could have found time to bring the Bill here sooner but clearly chose not to. Noble Lords, including my noble and learned friend Lord Howe of Aberavon, have said that this Bill should not be the subject of wash-up but should just fall. The noble Lord, Lord Pannick, gave a clear view on the limitations of wash-up, particularly on constitutional issues. We deplore how little time we have been permitted to scrutinise this Bill. It is absolutely inevitable now that this is the only opportunity that this House will have and it is for self-serving reasons that that is so. If the Government are unable to reach agreement on any or all of these provisions, they must know that they have only themselves to blame.