John Hayes MP: speeches

Speeches

• 26 Nov 2024 · Tobacco and Vapes Bill · Hansard source

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  The hon. Gentleman is absolutely right about illegal tobacco and other substances. It is really important that we bear down on that illicit trade. Illegal tobacco not only deprives the Exchequer of funds but means that all kinds of other nefarious activities can take place in the shops that sell it. Also, the illegal cigarettes sold do not extinguish. A few years ago in my constituency there was a house fire with fatalities as a direct result of illegal cigarettes.

• 26 Nov 2024 · Tobacco and Vapes Bill · Hansard source

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  I very rarely disagree with my hon. Friend. She is of course right about vaping, the effect that it has on children and the difficulty that schools have in managing it, as headteachers will no doubt have told Members across the House, but can she really go into the Division Lobby to support the Bill with this nonsense about age? The idea that someone aged 30 could smoke and someone aged 29 could not, and the idea that that could be policed or managed in any practical way, is just nonsensical. It was daft when the last Government introduced it, and it is daft now this Government have done so.

• 21 Nov 2024 · Business of the House · Hansard source

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  The shocking arrest of Allison Pearson, Th e Telegraph journalist, has caused outrage, as the Leader of the House knows, and as most recently expressed by her distinguished Back-Bench colleague, the hon. Member for Blackley and Middleton South (Graham Stringer). Will the Leader of the House arrange for the Home Secretary to come to the House to address this attack on free speech, which is wider and deeper than Allison Pearson’s arrest? The Director of Public Prosecutions has said that he “had no idea” what non-crime hate incidents are and that he had “to look them up” in the light of her arrest, and yet 11,600 such “crimes” have been recorded. Does the Leader of the House understand that, far from being the antithesis of a civilised society, the right to alarm, to disturb and, yes, to offend is the essence of an open society? If I did not alarm, disturb and offend every Maoist, Marxist, Bolshevik and belligerent Islamist, I would feel I had failed.

• 14 Nov 2024 · Business of the House · Hansard source

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  I am extremely grateful to the right hon. Lady for the clarity and diligence she showed when dealing with the end of life debate that we will have later this month. She will be aware that there are profound concerns about the length of time for Second Reading, notwithstanding her point, simply because of the number of Members who will wish to participate—I anticipate a very large number indeed. We may see speeches reduced to two or three minutes, which really is not appropriate for a subject of this kind. The right hon. Lady will also be aware that “Erskine May” is clear that, when nominating Public Bill Committees, “in the case of bills which divide the House on cross-party lines”, it is vital that the Committee of Selection should “have regard” to the composition of the House. In those terms, will she—either now or subsequently if she needs to refer to Erskine May—make absolutely sure that, as the Bill goes through the House, that balance will be retained, so that we get the best possible legislation? Nothing is more important that legislating to make lawful the entitlement to take life.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  The facts do not bear out what the hon. Gentleman has said. If he looks at the record, he will see that hereditary peers tend, proportionally, to speak more often in debates, they tend to be more involved in tabling amendments, and more of them tend to be Whips. They are more active, in proportional terms, than the appointees—who also, by the way, lack democratic legitimacy.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  When I was a shadow Minister for many years, I found that some of the Labour Ministers I shadowed did the job I just described very well, and some did not. When I became a Minister, I saw that some Conservative Ministers engaged in the kind of process I have described, and some did not. There has always been variability in the way that power has been exercised across political parties. I invite the hon. Gentleman to speak to any of the people who shadowed me when I was a Minister to see if they would validate how I described the way I acted in those days. The authority of Parliament, the authority of our constitution and the authority of Government are all at stake as we consider these matters. I return to where I started in terms of efficacy. The last time we considered these matters, Members will remember that I quoted Proust. It was a bit too rich a diet for the hon. Member for Perth and Kinross-shire. He is not a Proustian. I think it stretched the canon of his reading matter beyond breaking point. Today, I am going to test him a little more and refer to G. K. Chesterton, who I think might be more within his scope. [ Interruption. ] From a sedentary position, he is acknowledging that. Chesterton said: “To have a right to do a thing is not at all the same as to be right in doing it.” It is certainly true that, based on their mandate, the Government have the right to bring this legislation, but I am not sure that they are right in doing it, measured against my tests of dignity, legitimacy, continuity and authority. For as Chesterton also said, before you take a fence down, you consider why it was put up in the first place. The balance that exists at the moment, both within the House of Lords, and between the House of Lords and this House, is precious. It works. It ain’t broke and we don’t need to fix it. Before I finish, let me say this to my hon. Friend the Member for Brentwood and Ongar. We must vote against the Bill on Third Reading, because whether we are in favour of more reform—as some of my colleagues are—or no reform, the Bill does not meet the standards we would expect of good legislation. It is therefore vital that the official Opposition make their position crystal clear by opposing this undesirable and unnecessary legislation.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  I will try to be helpful to the hon. Gentleman because he is a new Member. We all learn something every day here, and when a Member has been here for 27 years, unless we are entirely stupid we learn a great deal, so I have picked up one or two things. The critical frailty in his argument is the difference between authority and influence. Of course it is true that the King grants Royal Assent to the Bills that we pass and so they become Acts, but the very business of him granting Royal Assent reinforces his authority, and the fact that he has a personal audience with the Prime Minister on a weekly basis, which is more than the hon. Gentleman ever will and more than I do, suggests that his influence over our affairs is considerably greater than that of most of the people elected here. It is quite wrong to suggest that the monarch does not exercise political influence and thereby political authority. I also spoke about continuity. The importance in our constitutional settlement of the continuation of the role of the House of Lords is that it provides a degree of continuity. Members have talked about what is time-honoured and cast that aside as though it does not matter. What is time-honoured counts because it has been honed by generations of people, not merely decided upon by one group of people at one point in time. I heard another speech which criticised birthright. If I stood here and said it was the birthright of every Briton that habeas corpus prevails, or if I said it was the birthright of every subject of this kingdom that they can speak and think and act freely, everyone would feel that it was entirely right and proper for me to make those pronouncements, yet birthright has been criticised in this Chamber as if it was nothing.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  I did not mean to patronise the hon. Member for Bolton West (Phil Brickell). I was being paternal or avuncular, rather than patronising, in how I dealt with him. It is a known fact, proven by events, that I have tended to encourage new Members to this House, perhaps to a greater degree than many other senior Members, and that includes Members from across the House. One of the things that one learns here—I spoke about the learning curve we all face—is that the relationships that pervade across this House are as important as the relationships we form on our own Benches.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  That is a matter for those on the Front Bench. I see members of the Conservative Whips Office in their place and I see my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) sitting behind the Dispatch Box. These days, I am merely a highly regarded, distinguished and senior Back Bencher. [ Laughter. ] The days when I had any say in how the Conservative Opposition—or in previous times the Conservative Government—chose to vote in Divisions are gone, but they are not gone forever; this is only a sojourn on the Back Benches. I want to make that perfectly clear. Let me return to my principal theme, which is that of authority. The authority of this House is partly born of its relationship with the other House. Were the other House to become elected, its authority would by definition grow and our authority by comparison diminish, so I am strongly opposed to an elected second Chamber. While I accept the principled argument of the hon. Member for Perth and Kinross-shire and others, it is not for me. There is also the matter of the authority of our constitution. Our constitutional settlement, which we have rehearsed briefly in the debate, is dependent on that relationship, but also—I think it is fair to say—on reforms of this kind being measured. It might surprise Members to hear that last night, I was looking at a short book written by Hilaire Belloc and Chesterton. That book, which is available from the Library of the House, rehearsed the arguments that prevailed at the time of the debate on the Parliament Act—it was then the Parliament Bill—in the House of Commons. It might surprise right hon. and hon. Members to learn, as I learned last night, that when Asquith introduced those changes—when the House of Lords rejected Lloyd George’s Budget and it became necessary to curb the powers of that House—rather than rushing to legislate, he set up a conference between both sides of the House to determine a compromise. Belloc, as Members will remember, was elected as a Liberal MP. He parodied that process and said that what came out of it was no better than what went into it. None the less, it was an attempt, at least, to reach a settlement in a dignified way on how we might reform the second Chamber. [ Interruption. ] It did take two elections. It took the 1906 election, as the Paymaster General will know, when the Liberals triumphed. I wonder whether he wants to intervene on me to sharpen up the history.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  That is precisely right. In the first general election, there was an assumption that the Government would proceed, but the constitutional conference did not produce an outcome that brought about a reform that both sides could agree on. A further general election followed, and the right hon. Gentleman rehearses exactly what that short book describes. The point is that even Asquith at that time, who was determined to reform the House of Lords, felt that ideally that reform should be based on some kind of consensus, or at least a conversation about how that reform might happen and what shape it might take. That is important, because the authority of our constitution to some degree depends on its dignity. Finally, I want to talk about the authority of Government. We have talked about mandates. It was long ago that the term “elective dictatorship” was first used. The nature of the relationship that I described earlier between Government and Opposition and between different sides of the Chamber is important to counter the risk of a Government with a very large majority ignoring counter-arguments and becoming—I hesitate to say corrupted—altered, changed or distorted by the scale of the majority. Frankly, in this Parliament, the Labour party will be able to legislate as it chooses at every turn. As experienced Members of the House know, including those on the Treasury Bench, Governments are better when they need to compromise, reach agreements and consider amendments. When I was a Minister, many times in Bill Committees in particular, the shadow Minister would table an amendment. I would routinely and systematically have the argument and make sure that the amendment was voted down, but I would often go back to my civil servants and say, “I think that was rather a good argument. Why aren’t we doing it? I think he or she was right. We ought to alter the Bill.” I would engage with the shadow Minister privately and look at ways in which we could improve the legislation through that kind of scrutiny. Good Ministers and good shadow Ministers always worked in that way, as I did with the now Prime Minister when he shadowed me as Security Minister. Governments need to understand that to alter their position through that kind of exchange and consideration improves the exercise of government and adds to, rather than subtracts from, the Government’s authority. Good Governments behave in a way that, rather than taking advantage of their power, mitigates it by the choices that they make.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  I am extremely grateful to the hon. Gentleman for giving way. I intervened merely to say this: many people might assume that he is being foolish for raising issues of financial shenanigans, mismanagement, concealing money, bribes and so on, but I think that he is just being brave. Just as a matter of record, I want it to be known by the whole House that this man is not a fool; he is a very courageous man.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  I will give way to the hon. Gentleman, who is edging towards the edge of his seat. I gave his speech four out of 10: two for energy, one for enthusiasm, and one for content.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Ms Nokes, you will not allow me to go into immense detail about Athenian democracy, although I did study ancient philosophy. The hon. Gentleman will know that Athenian democracy was very far from the democratic principles that we hold dear. Only citizens had the vote in Athens, and the assembly there was a very partial affair, and certainly it would satisfy neither you, Ms Nokes, nor other Members. I will return to the subject in hand for a few moments before I give way to the hon. Member for Telford (Shaun Davies). Having made the case that the Bill does not afford greater legitimacy or efficacy, I want to speak about the authority of this place, the authority of the constitution, and the authority of Government. The authority of this place, as the hon. Member for Bolton West and others have argued, essentially derives from the fact that we are elected, but not just from that. It also derives in part from the balance in the relationship between this House and the other place. Bicameral systems that pitch democratic chambers one against another are often less successful than the model that has evolved in this country. Although the upper House sometimes chastises this House—it certainly scrutinises us—and although it might clash occasionally with this House in its role as a reforming Chamber, in the end it defers to the elected House. A bicameral system borne of two Houses of Parliament, one of which is elected and one which is not, seems to me to be more desirable for that very reason: we do not have competing democratic legitimacies between the House of Commons and the House of Lords. That is why I disagree with the amendments in the name of some of my right hon. and hon. Friends and with the hon. Member for Perth and Kinross-shire (Pete Wishart).

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Given that the hon. Lady’s amendments are not likely to be passed, I assume that, on the grounds of logic and consistency, she will vote against Third Reading of the unamended Bill. As I said earlier, and she implicitly conceded, as it stands, the Bill does not make the House of Lords one ounce, one iota, one fraction more democratic.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Further to the point made by my right hon. Friend, Bagehot spoke about this issue. He said that the distinguishing feature of the House of Lords is that its Members’ views are emphatically their own views. In his terms, they are not subject to social bribe, by which he meant that they are not answerable to constituents in the way we are, so they can make judgments entirely free of that pressure. That is a virtue of the current arrangements and, frankly, a virtue of the hereditary peerage too.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Some of the things which we inherit by birth are indeed universal—universal in the sense that all Britons enjoy them. They are not of course universal in the sense that those across the world enjoy them; they would love to enjoy many of the freedoms that we had earned over time due to those who came before us. As the hon. Lady said, these things go right back. The evolution of our constitutional settlement is rooted in history and shaped over time—it evolves. And it is right that the House of Lords evolves too, so I am not against Lords reforms per se. There is a case, for example, for saying that attendance matters in the House of Lords. We do not have an amendment to this effect, but it would be perfectly reasonable to agree that those appointed to the House of Lords as life peers who never attend or attend very rarely give up their right to do so. That would seem to me to be a perfectly reasonable and measured reform of the House of Lords, and it would cut the numbers dramatically, because although we are frequently told the House of Lords has many hundreds of Members, those who regularly vote in Divisions tend to be drawn from the same group on both sides of that Chamber. There are sensible reforms that could be made to the House of Lords, but this reform delivers neither in terms of legitimacy, for it makes the House of Lords no more democratic, nor in terms of efficacy, because it makes the House of Lords no more effective. One is tempted therefore to assume that it is prejudice dressed with spite that lies behind this proposal, and I find that hard to believe given the high opinion that I have of the two Ministers sitting on the Front Bench.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  The Government’s mandate was for a more widespread reform of the House of Lords. I will not go into it again, but the manifesto of the victorious party at the general election, which now forms the Government, suggested a whole range of measures to reform the House of Lords. I do not really approve of any of those measures.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  The hon. Gentleman seems to be making a case for an elected second Chamber. Does he imagine that that Chamber would be elected at the same time as this one, in which case it would be a duplicate because the electorate are very unlikely to vote in different ways on the same day, or is he suggesting that it would be elected at a different time, in which case the Chamber that was elected most recently would surely claim greater legitimacy and therefore greater authority?

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  My right hon. Friend allows me, on that basis, to give him a short lecture on the character of conservatism. He needs to understand that the collective wisdom of ages, vested in great institutions like the monarchy—which, by the way, is hereditary—the Church, this Parliament and the small institutions that Burke called the “little platoons”, transmitted in age-old form is always more important than the fads and fashions of any one generation at any point in time. If he understood that, he would understand why he is a Conservative.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  My right hon. Friend is making an important point about the subtlety of the relationship between the two Houses. I spoke earlier about the relationship between the Government and the Opposition. In an unwritten constitution, political culture prevails, and that political culture is informed by that subtlety and by those relationships. My right hon. Friend described an occasion when legislation emanated from an origin in the other place, but very often legislation is improved and perfected through that connection. That should not be lost as we rush headlong into a piecemeal reform of the House of Lords.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  There are those who believe that this reform is about making the House of Lords more democratic. Clearly, the Minister cannot be among them, because these provisions do not seem to make it any more democratic in a meaningful way. Can she confirm, therefore, that she is not in favour of a more democratically elected House of Lords?

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Interestingly, the hon. Gentleman cites the Gordon Brown study, which one of Gordon Brown’s allies told me had just gone too far and therefore was not acceptable to the Labour Front Bench. But on the issue of representation in the Lords from farther away and from less-advantaged people, to achieve the sort of balance that he describes you would have to salary the Lords, would you not? It is very hard to provide for a second home or accommodation in London on £300 a day.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  Last time we debated this issue, I talked about legitimacy, continuity and dignity, and nothing I have heard today refutes the arguments I made then. Of course it is true that this House’s authority is drawn from the democratic legitimacy that enables each of us to speak for our constituents. We are chosen by them and answerable to them. However, that is not the only form of legitimacy. When the Liberal Democrat spokesman offered her views on the subject, I was minded to ask, “Where do you stand on the Head of State?” Our sovereign is chosen by birth, not election. A Head of State is critical—at the apex of our constitution. As I pointed out on Second Reading, the Minister for the Cabinet Office, for whom I have great regard, as he knows, was appointed by the monarch, as I was when I became a Minister.

• 12 Nov 2024 · House of Lords (Hereditary Peers) Bill · Hansard source

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  I will give way one more time to the hon. Lady and give her a second bite of the cherry.