Sir John Hayes

What a pleasure it is to follow the hon. Lady’s immensely accomplished speech. She is absolutely right that politics and Parliament can be a force for good—particularly, to go into the detail of what she said, when people are driven by a shared sense of fairness. I shall speak today about legitimacy, efficacy, dignity and continuity. First, I will deal with legitimacy. Authority is legitimately exercised by those of us here who are elected, but not all those who exercise authority are elected, and not all legitimacy depends on direct reference to the people. The right hon. Member for Torfaen (Nick Thomas-Symonds) serves as a Government Minister who is appointed by His Majesty, and was chosen to serve by his Government and his party. He is elected to this place as a Member of Parliament, but he is not elected as a Minister; he is appointed, and exercises all kinds of power on that basis. I do not challenge his legitimacy; I accept it as part of our democratic settlement. Under our separation of powers, many people exercise authority who are not elected at all. Judges are not elected, but are appointed on the basis of their competence, knowledge and experience, and they exercise power using their wisdom. All of us in this Chamber know of authority derived not from election or from the people. A lot of people here will be parents. Mothers and fathers exercise all kinds of authority, but they are not chosen to do so by those over whom they have that authority. We might call that authority by accident of birth, or at least of someone else’s birth. Authority and legitimacy need to be debated in a much more measured way than they have been in the debate so far. I have heard many wise speeches from all parts of the Chamber over the time I have spent here, and I have heard many daft speeches, too. There is nothing dafter than someone saying that they will vote for a provision that they do not believe in because it makes the House of Lords more democratic, as the hon. Member for Richmond Park (Sarah Olney) did, when it does not in fact make the House of Lords more democratic at all. It is not more democratic to be appointed by a party leader or nominated by one’s peers than it is to be born to sit in the House of Lords. Let us have a sensible and mature debate about this and consider legitimacy in the round. Let us also talk about efficacy. The House of Lords plays a vital role in our constitution by ensuring that the Government are held to account, and by providing a creative and, by and large, helpful tension with this House. That has not been convenient for Governments of any colour. When I was a Minister in previous Governments, many times I had to negotiate with Members of the upper House—from all parties, by the way—in the same way that I engaged with colleagues from across this House to get legislation through. That tension is critical, because it allows scrutiny of what is brought before this House and agreed here, and by and large the system works. It is awkward and difficult—it is probably not what we would contrive if we were to design a system from scratch, as my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden) said—but it has proved generally effective over time.