Houses of Parliament: Co-location — House of Lords, 2022-06-16
Topic: Government Operations
Philip Norton (Conservative, Centre-right): My Lords, my Motion is not concerned with the practicalities of decanting the Palace of Westminster, nor with the geographical site selected for relocation. My concern is one of constitutional principle. It is one that must be to the fore in considering relocation. The debate about restoration and renewal tends to focus on the physical health of the Palace of Westminster. My Motion is concerned with the health of our parliamentary system of government The design of the Palace of Westminster and its use are a means to an end. The end is an effective system of parliamentary government. Parliament exists to respond to the demands of the Crown, for both supply and legislation. Its power lies in its capacity to say no. That power underpins the functions it has developed to scrutinise demands for legislation and money, and for calling government to account. Those are the key functions of Parliament Having two Chambers serves a valuable purpose, but they are two parts of one constitutional entity. Each Chamber effectively plays to its strengths: we cannot emulate the House of Commons, but the House of Commons cannot emulate this House. We enjoy distinct legitimacies: the House of Commons, an electoral legitimacy; this House, a functional legitimacy. We complement one another. This is the key point: that complementarity is cemented by the two Houses being collocated in Westminster. We need one another and we need to be together to be effective in fulfilling our functions The interconnection of the two Houses derives as much from what we do informally as what we do formally. What happens in formal space, the Chamber and committee rooms, is core to each House fulfilling its functions, but that activity, while necessary, is not sufficient. It is what happens in preparation for formal proceedings that is fundamental to being effective as bodies of scrutiny and in calling government to account We need to meet not only Members of our own House, essential in mobilising support to pursue amendments and raise issues of concern, but Members of the other place. We have to liaise when Bills are going through and to interact for the purposes of lobbying and exchanging information. Political history can be affected by a chance encounter between Members of the two Houses. The opportunity for such interaction has always been there but, if anything, has been enhanced by the building of Portcullis House—its creation changing the geopolitics of the Parliamentary Estate, and the relaxing of rules on who can use refreshment and dining facilities We need to be collocated, not only for the benefit of both Houses in fulfilling the essential functions of Parliament, but for the convenience of citizens. We are an open institution. Members of the public can make representations to Members of both Houses. We are a highly pluralistic society, with citizens getting together to form charities and a range of other interest groups. The number of such groups has grown markedly in recent decades. Those groups seek to influence Parliament, not only by sending briefings electronically but by coming to Westminster to speak to Members in both Houses Moving one Chamber to another part of the country does not bring that Chamber closer to the people; it detaches it from those organisations that seek to put their case. They will most likely remain London-based in order to lobby the House of Commons and government. Arranging to see Members of both Houses will be costly and time-consuming and more likely undertaken by the better-resourced organisations. If the two Houses are not collocated, the opportunity for personal interaction between Members of both Houses is lost Separating us physically cannot be substituted by the use of technology or even quick transport links. We need spontaneity and the capacity to move quickly to liaise with one another and with Members of the other place. Meeting virtually, or in hybrid form, makes that difficult, if not impossible. I know some take the view that meeting in hybrid form during lockdown was a success and could be the future of how Parliament operates. Hybrid proceedings were a success technically—and the staff did a fantastic job at short notice—but not a success politically Members decanting to different parts of the kingdom during lockdown strengthened the Executive. Members operated as disparate and discrete entities and not as a collective body. We were not able to be agile in engaging with other Members and in challenging Ministers at the Dispatch Box As my noble friend Lord True acknowledged on 16 May: "Those of us who have had experience of a Parliament by Zoom know the importance of personal contact within and across the Houses to the good operation of government and Parliament."—[Official Report, 16/5/22; col 243.] Separating the two Chambers empowers government. The suggestion that the House of Lords moves to a different part of the country, with the House of Commons in Westminster, is essentially a power grab by the Executive. I am not making the case against the House of Lords moving; I am making the case against the House of Lords alone moving. If one Chamber moves, the other must as well, and so must the Executive. If Westminster decants, then so too must Whitehall There is a perfectly coherent argument that can be made for locating Parliament and the Executive in a purpose-built capital, a Bonn or Brasília, or even an existing city big enough to accommodate such a massive ecosystem. My Motion is silent as to location. The essential point is not where, but who: it has to be Parliament—both Houses—and the Executive There are obvious practical problems if the two Houses are miles from one another in meetings of all-party groups and Joint Committees. I suspect others in this debate may address this. Committees can meet virtually but it is not the same as meeting in person. In any event, this is to isolate one feature of intercameral contact. One has to encompass the whole range of interactions between the Members of the two Houses to appreciate the necessity of both Houses being collocated in the same city, and ideally on the same site. Even if we move to the QEII Centre and the Commons to Richmond House, there will be problems—quite significant problems—of communication between Members of both Recognising the importance of two Chambers being collocated is not something peculiar to the United Kingdom; it is a global phenomenon. As the briefing by the Library records, of the 81 national bicameral legislatures that exist, all bar three are located in the same city and even one of the exceptions appears to be temporary. All major western democracies with bicameral legislatures have the two Chambers located in the same city. There is a particular value in being located in the same building, or at least on the same estate It is crucial that we put on record the need for both Houses to remain collocated and for this to be embraced as a prerequisite for the restoration and renewal programme. We need to ensure that it is confirmed now, given the increasing urgency of both Houses decanting. The decision to move out may be taken out of our hands. The Palace is demonstrably deteriorating before our eyes. We have parts variously closed off or covered by canopies because of falling masonry. We are lucky that no one has been killed or seriously injured and that there has been no major fire. The possibility of a catastrophic failure with an essential utility failing increases year by year. Whenever we move out, be it by design or necessity, we have to move as one entity—that is, Parliament Successive Governments have demonstrated limited knowledge of our constitution. They variously advance schemes for change which have been advocated on their individual merits and not within a clear intellectual approach to constitutional change. We need to stop what amount to constitutionally incoherent schemes, made without standing back and understanding where we are going. Ministers need a grasp of core constitutional principles, not least those governing the relationship between the Executive and Parliament. The Government are the creature of the constitution, not the other way round I conclude with some questions for my noble friend the Minister. First, a practical question: how much public money has been spent exploring the cost of locating the House of Lords in another city, and who authorised that expenditure? Secondly, what constitutional authorities were consulted by government prior to the Secretary of State’s letter of 13 May? Thirdly, was the Cabinet Office consulted by the levelling-up department before the Secretary of State wrote to the Lord Speaker? Fourthly, what study have the Government undertaken of practice in other nations with bicameral legislatures, and if they have undertaken such a study, what conclusions have they drawn? Finally, does my noble friend accept the constitutional principle that I have enunciated This debate is not about some secondary issue; it is about maintaining the health and integrity of our parliamentary system of Government. I beg to move.