But that wasn't the only speech about the workings of Parliament that's attracted our attention this week because Lucy Powell, Labour's shadow leader of the Commons, has been out and about talking about how Labour in government would go about running Parliament. And it was quite an interesting speech that she made to the Institute for Government, which will have it online there as well, I imagine, in which she talked about the wheels falling off the current government's legislative process. The result is that bills emerge badly drafted, need lots of amendments in midstream.
00:16:59:05 - 00:17:22:07
I think there's a big example at the moment of the latest criminal justice legislation where oodles of government amendments are going to have to be considered. Yeah, again, a big picture thematic speech, quite low on detail, I'd say, an assertion of how Labour is going to do things differently based on a self-denying ordinance, rather than any practical or actual procedural changes that they propose to make.
00:17:22:12 - 00:17:45:24
There was none of that. This was not “we're going to set up all sorts of new structures to constrain ourselves and make sure things are done properly”. We're just going to do things properly. We're not, for example, as a Labour government, she said, going to go for big skeleton bills where all the detail, all the crucial issues of what's going to be in that bill are actually dealt with by regulations later on, as ministers just have the power to make the regulations and they think up the policy later.
00:17:46:01 - 00:18:11:02
There are not going to be sweeping Henry the Eighth powers. They're going to just try and avoid what they see as some of the worst sins of the current government. And they're not, incidentally, going to announce policies outside of the House of Commons. I wonder how long that will last, because the pressures to get the right publicity for your big legislative centerpieces and for any government are just so huge that maybe you don't want always to announce them in the House of Commons.
00:18:11:07 - 00:18:30:09
Every government that's incoming says, we won't do that. We will not make the statements outside, you know, our responsibilities are to the House and this is the chamber which will challenge policies. We are democratically accountable. We must make those statements in the chamber. Taking a small onion from his pocket, the Leader of the House continued da da da da...Yeah. And then a few weeks later, oh, look what happens.
00:18:30:09 - 00:18:50:07
I mean, in the first few weeks, I'm sure they will endeavor, in the first flush of enthusiasm they will endeavor to do that. But the comms director in Number Ten is going to be tearing his or her hair out at that point. They won't. It won't happen. And I think, you know, Chris Bryant, now on the shadow frontbench, former chair of the Standards Committee
00:18:50:07 - 00:19:21:12
he's quite big on this every time it happens. A Conservative minister announces something on the Today programme or in a press conference and he's tweeting about, “shouldn't this have been made to the House”? And I keep thinking, yes, but you're making a rod for your own back, because I can't see any circumstances in which they're going to do. Now, what they could do, and we talked about this previously on the podcast, they could say we are, for example, going to put in stricter rules about the budget, for example, or particular forms of legislation where we're not going to assume Parliament's assent to what we propose to do.
00:19:21:12 - 00:19:45:13
And for those policies with particular financial implications, we're going to come to the House first. But for other stuff, shall we say, bog standard policy announcements. No, that or you're going to have to change somehow the sitting times of the house, because there's no way on a Monday that any director of communications in Number Ten is going to agree to proposals not being announced till 2:30, 3:00 in the afternoon.
00:19:45:13 - 00:20:05:10
That's the way the wafer crumbles I think. I can remember - I'm old enough, sadly, to remember - the beginning of the Tony Blair era, and in the first couple of weeks of the Tony Blair era, Gordon Brown held a press conference to announce operational independence for the Bank of England, which was a mega constitutional change with absolutely enormous implications, which was done outside Parliament.
00:20:05:10 - 00:20:25:17
at a press conference. And not to be outdone, Robin Cook, who was the new incoming Foreign Secretary, had a big press conference to announce his ethical foreign policy. Again, not in the chamber of the House of Commons. The temptation to do this stuff and announce your big initiatives in an absolute media spotlight is just so enormous. It's very, very difficult to see that avoided.
00:20:25:19 - 00:20:50:20
But plenty of other stuff in Lucy Powell’s speech as well. She gave a tantalizing glimpse of how Labour were planning to approach getting stuff through Parliament, at least at the very beginning of its term. She talked about the operation of a thing called the PBL Committee, the Parliamentary Business and Legislation Committee. Now this is a cabinet committee in government, which, she says has gone badly awry.
00:20:50:20 - 00:21:11:22
And is producing very bad legislation for the current government. But she also said that Labour had a kind of shadow version, which it was using to work up its own King's Speech proposals. This included such luminaries as the shadow Attorney General Emily Thornberry, Angela Smith, the former Labour minister who's now the shadow Leader of the House of Lords.
00:21:11:24 - 00:21:35:21
Sue Gray, Keir Starmer's chief of staff, seems to be deeply involved in it as well. And these are all sort of hardened Westminster figures who are doing a kind of Dragon's Den process to assess incoming bills that various members of the Shadow Cabinet want in the first wave of Labour legislation. She said it was a pretty eye opening process watching these people picking holes and examining points of vulnerability in all this proposed legislation.
00:21:35:23 - 00:21:53:14
Yeah, I should probably say for transparency purposes that, the Chair of the Hansard Society, so my boss, Baroness Ann Taylor of Bolton, she as the former Chief Whip and former Leader of the House of Commons - she was the first Leader in Tony Blair's incoming government in 1997, so effectively had the job that Lucy is hoping to get -
00:21:53:16 - 00:22:11:04
she's obviously been advising Lucy a bit behind the scenes as well, and is mentioned in the speech as having done so, and I think has played some role in this sort of shadow PBL model. We are obviously careful in terms of Chinese walls about what is and isn't talked about. So Ann has been involved in that. But yeah, it's a stress testing process.
00:22:11:04 - 00:22:26:10
So she, she made it very clear when she was appointed that Keir Starmer said to Lucy Powell, we want you to focus on preparing the first King's speech and putting plans in place, the legislative program to hit the ground running. And this is part of that. And no one should assume from this that this is sort of Labour
00:22:26:10 - 00:22:51:02
measuring the drapes in ministerial offices and being terribly complacent. Any responsible opposition has to have a pretty good idea of what it would do if it won an election. You can't be sitting around the cabinet table the morning after going, okay, chaps, what do we do now? And so they've got that part of it. And the emerging strategy seems to be, I don't know if they're aiming for a sort of Kennedy style hundred days period of frenzied activity, which is always a mistake, I think, to try and dramatise things in that way.
00:22:51:02 - 00:23:14:05
But they clearly are going to have a first wave of bills that they're going to ram through Parliament, and then there'll be a second wave of legislation after that, and there may even be further plans for future years King's speeches as well, to follow their first legislative program. But that second wave of bills, a lot of them may go out for what Theresa May was advocating earlier - pre legislative scrutiny, a draft bill examined by a committee.
00:23:14:10 - 00:23:32:20
And this is, I think, at least partly as a tool of kind of parliamentary party management. If Labour has, you know, 400 plus MPs sloshing around the chamber, most of them won't have a realistic prospect of becoming a minister any time soon. And this gives them something substantive to do on the principle that otherwise the devil will find work for their idle hands.
00:23:33:01 - 00:24:07:05
So it's a way of both improving the next wave of legislation showing progress being made on individual issues, even if there aren't formal bills going through the House and getting the rough edges smoothed off and the difficulties highlighted and dealt with before you get to the full dress legislative process a bit later on. Yeah. The other thing, I think was interesting, again, she didn't go into detail, but there were, as you described, a tantalizing glimpse of perhaps her thinking where she talked about arcane procedures in the House, but she particularly focused on E-petitions as something which is attractive,
00:24:07:08 - 00:24:39:00
one of the most watched parts of Parliament, the most popular debates being headed off into Westminster Hall, so the second chamber not in the main chamber, and also the nature of the procedures around Private Members' Bills on Fridays, frustrating potentially popular pieces of legislation. Legislation that's got support from either a constituency campaign or a civil society campaign, whatever it may be, and actually some quite good bills being lost along the way, frustrated by procedure rather than opposition being mobilised against it.
00:24:39:03 - 00:24:59:11
Well indeed, in my previous BBC incarnation, I spent a disturbing portion of my life watching the Friday Private Members' Bills debates in the House of Commons, and the procedure can be absolutely baffling. And it's not an improbable scenario that in the next parliament after the election, you will see Private Members' Bills on issues that have a real head of popular steam behind them.
00:24:59:16 - 00:25:24:20
So you might see something on assisted dying. You might see something on restricting young people's access to social media. These are ideas that are bubbling around now, but there isn't really going to be a chance to legislate on them before the election. And people care about those things and so if they see them being talked out in a jovial game playing manner where someone just uses up the available debating time till the music stops, and then that's the end of the bill.
00:25:24:22 - 00:25:49:18
I think that would be desperately damaging to the reputation of the House of Commons, and I don't think it's something Labour would want to see. By all means, if you don't agree with what's being recommended in a particular bill, kill it, but kill it in the light of day and explain your reasons. Rather than having this ludicrous sort of game playing, time wasting, strategic rule manipulation that goes on too often in the Private Members' Bill process.
00:25:49:20 - 00:26:12:03
Lucy Powell I asked her directly about this, and she didn't really have particular proposals for improving things, but she could see there was a problem. Yeah, well, I've got a plan for that because I wrote a paper nearly ten years ago on reform of Private Members' BIlls - dig it out of the filing cabinet - that’s there to be implemented. But I think it raises an interesting question about whether perhaps, you know, she highlighted those two areas, E-petitions and Private Members' Bills
00:26:12:06 - 00:26:41:08
are they perhaps thinking about the need to rethink what business is scheduled, when and where? What are the possible implications or impact on the timetable for Parliament ? At the moment, Private Members' Bills are dealt with on 13 sitting Fridays a session. The House for the past few years frankly has been operating as a two and a half day, three day a week house. Labour coming in is going to want much more focus and time from members in the House focused on the legislative program.
00:26:41:08 - 00:26:57:00
If it's going to have this big body of bills to get through. So if you're having E-petition debates in prime time in the chamber, what's moved out of the way to make way for that? Yeah. Or are you going to siphon off statutory instrument debates? I mean, she highlighted the fact that there seems to be a lot of statutory instruments going through at the moment.
00:26:57:01 - 00:27:24:10
There's not much interest in them. Quite right. There isn't, but there's other ways to deal with them. Are you going to move to saying, right, Parliament's going to sit Monday to Thursday? You deal with Private Members' BIlls on one of those evenings, Wednesday evening or Thursday evening. Yeah. And you keep Fridays clear and you send your MPs back and you say, right, you are going to be here Monday to Thursday, and you can go back Thursday evening and spend Friday, Saturday, Sunday in your constituency, but then you're back Monday morning, Monday lunchtime.
00:27:24:12 - 00:27:46:05
So it'll be interesting to see whether that's going to be a direction of travel. The other thing that stood out was she talked about in terms of stress testing and thinking about the management of the legislative program, that they were very mindful of taking a whole parliament approach, that this wasn't just about what was going to happen in the Commons, but they were very mindful about what's going to happen in the House of Lords.
00:27:46:05 - 00:28:05:13
And obviously, that's part of the kind of discussions that will be going on through this, this shadow parliamentary business and legislation committee. Absolutely. I mean, I mentioned, I mentioned, Angela Smith, Baroness Smith of Basildon, Labour's leader in the House of Lords, she was talking this week as well. She was in front of the Public Administration and Constitutional Affairs Committee talking about membership of the Lords.
00:28:05:13 - 00:28:24:24
And again, just a tantalising little glimpse of the sort of things that Labour might do in the House of Lords. And in the upper house, they do have a bit of a problem, because Labour is not the second largest group in the House of Lords, behind the Conservatives, it’s actually the third largest behind the crossbenchers. And the number of Labour Peers has shrunk quite a lot.
00:28:24:24 - 00:28:43:02
Deaths, natural attrition, retirements from the House has seen to that. And at the same time, the Cnservatives have piled on a lot of new Conservative peers. So the Labour group is now actually quite small in the House of Lords ecology. Traditionally, the answer to that would be oh, right, fine, let's create 100 Labour Peers and get the numbers back up.
00:28:43:02 - 00:29:02:21
But everybody's very, very wary now because of the bloated size already of the House of Lords, much larger than the House of Commons. Just crowbarring in another 100 peers would look a bit ridiculous. So Labour are going to have to try and find a way to govern through the House of Lords without having that kind of dominant position that the Conservative’s have
00:29:03:00 - 00:29:33:03
Angela Smith had a very telling statistic, actually, that when Labour left office in 2010 and the Conservatives took over, she said Labour had 24 more peers than the Conservatives. At the end of this parliament the Conservatives have 100 more peers than Labour, so that the imbalance has grown progressively over the ensuing 14 odd years. So Labour might feel they could top their numbers up a bit, but at the same time, not enough to be decisively different in the way the House of Lords works.
00:29:33:03 - 00:29:56:19
So that it looks to me like they're going to be relying quite a lot on support from the crossbenchers, perhaps from sympathetic and semi-detached Conservative peers, and in particular actually from the Lib Dem peers, because the Lib Dems still have getting on for 100. So they're quite a force there. They'll also, I think, be relying for a bit of protection by listing in some detail the bills they want to put forward in their manifesto.
00:29:56:19 - 00:30:09:08
So they come under the Salisbury Anderson Convention, which means that they can't simply be struck down in the House of Lords, although it's actually quite unusual for the House of Lords to strike down a government bill in any event. That's something I think we're going to have to look out for when the manifesto comes and sort of be combing through.
00:30:09:12 - 00:30:26:16
Absolutely. And how specific - we've talked about this before - how specific are they going to be about the legislative program? Because the more specific they are, the more protection they might have in respect of the Lords, but it also becomes, can become a bit of a bind when you're wanting a little bit more flexibility in terms of your policy development.
00:30:26:16 - 00:30:46:20
when you actually get into Whitehall. Manifestos become almost constitutional documents when people are seeking to invoke this, so does a general sort of commitment in a manifesto saying we want to promote law and order, mean that any criminal justice bill can't be touched? I don't think so. So you've got all sorts of issues about quite what the wording is and quite how specific particular commitments are.
00:30:46:23 - 00:31:03:06
One of the reasons the House of Lords has made merry with the Rwanda bill was it was nowhere near the government's manifesto. So yeah. And this, of course, is one of the things the convener of the crossbench peers has been I think looking at and considering. Is there agreement across the House about a manifesto Bill, what it constitutes. Exactly that point
00:31:03:06 - 00:31:24:19
does it have to specifically state the title or very close to the title of what a bill is going to be, or is it enough to say that we're going to legislate for immigration in respect of moving people to Rwanda, for example? Would that have provided sufficient manifesto cover for the convention? So we'll have to see. One thing - did she touch on question of whether they would remove the hereditaries?
00:31:25:00 - 00:31:41:05
Yes. That was one of the big things that was quite solid is, is Labour want to get rid of the 92 hereditary peers who sit in the House of Lords, who are the legacy of a long forgotten deal in the late 90s with the former Speaker of the Commons, Lord Weatherill, who by then was on the crossbenches and sort of ring mastering a deal
00:31:41:05 - 00:32:08:02
that okay, the House of Lords would consent to the removal of most hereditary peers if a small number could stay, and that would mean that the government's appointments weren't decisive in controlling the House of Lords. That deal has stuck much longer I imagine that any of its authors imagined, the result is these ludicrous by elections where, you know, there are 18 people vying to be a Labour Peer and there are about six voters, more candidates than voters?
00:32:08:04 - 00:32:30:09
Well, the irony of course in the House of Lords is that the only elected peers are those that are hereditary. So it's a very odd situation to have arrived at. But of course it's important to remember the context to all of this. The House of Lords is now about 800 members. I mean, they obviously don't all turn up. You get some 4 or 500 for most of the sort of the big debates and votes, but that is 150 more of them than the House of Commons.
00:32:30:09 - 00:32:59:09
I think it's second only to the legislature in China, which is not a great record to aspire to. So you've got these competing pressures. You want to reduce the numbers, but an incoming government has got a problem about its own numbers. And one of the things that I think Labour's got to think about in terms of managing government business is at the moment, a minister in the House of Lords may have to cover multiple departments and be responding in the House of Lords to questions and dealing with legislation for several departments.
00:32:59:11 - 00:33:20:04
It's actually really quite burdensome, quite challenging. And one of the arguments is whether actually there ought to be more Lords ministers to cover the range of things that they have to deal with. Not a popular idea in the Commons. No, of course not. But it is quite a burden. And Labour's peers are older than current government peers. And that is one of the big factors that Labour have to consider.
00:33:20:04 - 00:33:37:13
here is that the age profile of their contingent in the House of Lords is now really quite on the elderly scale, and they are going to need some new blood, if only to act as ministers. Yeah, as you've described. So so you start thinking about, well, who in the Commons is departing, who might make their way to the House of Lords.
00:33:37:13 - 00:33:55:17
And there are some obvious names. I mean, I would be amazed if Harriet Harman is not on the list to go to the House of Lords. Margaret Beckett, Margaret Beckett well, she wouldn't help on the age. Well, neither of them would help on the age profile. No, no disrespect to either of them, but MPs who have long-serving former leadership roles in the Labour Party.
00:33:55:19 - 00:34:19:07
I'm wondering if there might be some Blair Brown era ex-ministers who've gone out of politics who might perhaps be lured back in. I don't know if David Miliband might fancy swapping his current gig in New York for a seat on the red benches. Whether there's some of the other prominent ex-ministers who've been floating around might decide that the time was ripe to come back and be an actual minister rather than an opposition figure. Yes, possibly, it might be attractive. A bit of temptation there.
00:34:19:07 - 00:34:41:03
I would have thought for some at least. And with that, Ruth, shall we take a break? Let's take a break... If you'd like to watch that Theresa May Churchill-Attlee lecture to the Hansard Society about the state of our democracy, we're offering an online ticket to our Parliament Matters community. Buy a ticket and you can watch the recording online at a time that suits you.
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