Interview with JACK STRAW, Home Secretary.




 
 
 
 
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                                 ON THE RECORD 
                         JACK STRAW   SECOND INTERVIEW
 
RECORDED FROM TRANSMISSION: BBC ONE                          DATE:  17.01.99
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JOHN HUMPHRYS:                         Jack Straw, the interim arrangement is 
obviously far from ideal isn't it because you want a more democratic set up. 
 
JACK STRAW:                            Well, it's a transitional arrangement, 
it is better than and will be far better than the existing House dominated by 
hereditary peers and just bringing up what Jane Dodge said, what we're doing 
it actually what we set out in our manifesto.  We said we would have a 
transitional stage, a self-contained reform, removing the right of 
hereditary peers to sit and vote in the House of Lords.... 
 
HUMPHRYS:                              Somewhat unnovel.. 
 
STRAW:                                 Well, I'll  come back to that in a 
second if you like and then we say that there will be a second stage to make 
the...the chamber more representative and democratic and what we're doing 
actually was to strengthen the process by which we achieve that second stage by 
establishing a Royal Commission - the details of which should be announced 
later this week. 
 
HUMPHRYS:                              But that interim chamber, the 
transitional phase, I mean, that..it is going to be full of cronies one way or 
the other, I mean, all right, not just Tony cronies, William's cronies and 
Paddy's cronies and... 
 
STRAW:                                 Let's be clear about this.  There is 
always stuff about Tony's cronies, it would be nice if occasionally what was 
reported is that Tony is the first Prime Minister in history to deny himself 
the power of patronage, which previous Prime Ministers have always enjoyed 
over appointments to the House of Lords because what is going to be established 
is an Appointments Commission which will be an independent non-departmental 
public body which will oversee all the appointments ..... 
 
HUMPHRYS:                              Well they'll really only decide on the 
cross benchers won't they?    
 
STRAW:                                 Well hang on a second, the only ones 
over which the Prime Minister will have any control will be his nominees. Now 
in the past, previous Prime Ministers have sometimes blocked suggestions and 
numbers proposed by leaders of the opposition. Indeed that was what 
scandalously happened under the previous Conservative administration.  
 
HUMPHRYS:                              But it will still remain the case that 
most will be political appointees.  
 
STRAW:                                 Well some will be political appointees, 
what is the case.. 
 
HUMPHRYS:                              Most.  
 
STRAW:                                 Just a second. But what is very very 
important to get across, is that we are not using the potential power we have 
to in any way to pack the entirely nominated House of Lords which will be 
there, to secure a majority for the Labour Party.  
 
HUMPHRYS:                              But he'll decide how many parties and 
the proportion and all that.       
 
STRAW:                                 There will be arrangements made in terms 
of the proportion but the large size of the cross bench peers means unless you 
disturb that, and we're not going to do that in any significant degree, means 
that no one party will have a majority in that nominated chamber and that is 
very very important indeed.  
 
HUMPHRYS:                              But you do want to move on quickly to a 
properly democratic chamber.  
 
STRAW:                                 Yes, and the argument was that oh well, 
we were just trying to kick all this into touch. We were never trying to kick 
it all into touch, but what we recognised when we discussed this in detail in 
opposition, was that given all the abortive attempts to reform the House of 
Lords over this last century, each of which has effectively been sabotaged by 
the Conservatives because they've got this built in three to one majority in 
the House of Lords, so it's not been in their interests, that you can't go 
for a single stage reform, and it was always my judgement that the only way 
you'd actually force the Conservative Party to address the reality of a 
wholly reformed chamber was to take it stage by stage and remove the right of 
hereditary vote to begin with.   
 
HUMPHRYS:                              And you're going to make sure are you 
that you get to the stage you want, the final stage, before the end of this 
parliament.  
 
STRAW:                                 Well what we are doing is we are 
establishing a Royal Commission.. 
 
HUMPHRYS:                              Which you want to report this year? 
 
STRAW:                                 We want that to report as quickly as 
possible.. 
 
HUMPHRYS:                              This year? 
 
STRAW:                                 We hope so, but there'll be - obviously 
in the end it's up to them, but you know the previous experience of enquiries 
of this kind that once established they have got on with the job pretty quickly 
and although it's a very important task, it's not for example as complex and 
wide-ranging as say a Royal Commission for the future of care for the elderly.  
 
HUMPHRYS:                              So the whole thing can be done within 
this parliamentary session.  
 
STRAW:                                 We hope this year, I mean within this 
parliament.  
 
HUMPHRYS:                              Yes, indeed, I'm sorry within the 
parliament.. 
 
STRAW:                                 So the idea is that you have this Royal 
Commission reporting as quickly as it can, and certainly we'd all be very 
pleased if it did report within this year, then obviously judgements will be 
made in the light of its recommendations. I mean partly it will depend for 
example on whether it's a unanimous recommendation, how clear cut it is, how 
great a consensus it is. But we have every interest in securing a second stage 
as quickly as we can.  
 
HUMPHRYS:                              Will you accept, are you committed to 
accepting the...given that it's.. 
 
STRAW:                                 Well, John, come on... 
 
HUMPHRYS:                              It's an important point isn't it. Yes I 
know you say it depends on what they report. But if for instance, they know no 
we're not going to accept this bit, that bit, the other bit. Huge delays, it 
can't begin.. 
 
STRAW:                                 You can never in advance of setting up 
an independent committee of enquiry, say whatever you decide in this kind of
area, we're not talking about a..you know more judicial enquiry, whatever you 
decide we'll accept it. The whole point however is to have an independent 
enquiry, they are able to take stock of the issues in a far less partisan way 
than say a group of ministers could ever do so.  
 
HUMPHRYS:                              That's why you ought to be committed to 
accepting the recommendations.            
 
STRAW:                                 Well, we're not going to be bound to 
accept the recommendations but of course they will have huge persuasive weight 
unless for example the recommendations were split or there were some obvious 
defects in them, then there would a very strong premium on them being accepted  
and I think everybody understands that.                
 
HUMPHRYS:                              And you want, I take the point that you 
want to see what they recommend before you would decide what's going to be 
done, but the broad principle is that you want a significant number of elected 
members of a new second chamber.  
 
STRAW:                                 No, we're not going to pre-empt what the 
Royal Commission says. We want..                                          

 
HUMPHRYS:                              But it can't be more democratic 
otherwise can it.  
 
STRAW:                                 We have said that we want a more 
representative and more democratic chamber. Now obviously.. 
 
HUMPHRYS:                              How else could it be more democratic if 
you haven't got elected members. 
 
STRAW:                                 That then raises the issue of the 
elected principle. David Winnick in the film that Jane Dodge just ran a moment 
ago, raised one of the ideas that has been around, which is how far there a 
role here for indirectly elected representatives. There are still elected 
representatives and there are many obvious problems with a wholly nominated 
chamber, that I think is a very interesting idea about how you use a second 
chamber to bind the union because we now, by the time the recommendations come 
out there will be a greater degree of devolution, much greater degree of 
devolution in Scotland, Wales and Northern Ireland and over time the English 
regions. That's the kind of idea that I'm sure the Royal Commission will want 
to look at.  
 
HUMPHRYS:                             So it's possible is it then and I take 
your point that you don't want to bind yourself to anything here, but it is 
possible that you might have a new chamber, a new second chamber without 
directly elected members.  
 
STRAW:                                 Well that is to pre-empt what the Royal 
Commission has said... 
 
HUMPHRYS:                              No, but you've just said you found this 
other idea of indirectly... 
 
STRAW:                                 But if you look as we have done in the 
Cabinet Committee on the House of Lords reform, at all the examples of foreign 
bi-cameral systems where they've got..they're running a parliamentary system as 
opposed to presidential system, then you have a very wide range of models and 
some are wholly nominated as we saw from the Canadian example, some are 
entirely directly elected, but often by different systems, and some are a 
mixture.  Now we are laying out in the White Paper giving some details, some 
small synopsis of these different arrangements... 
 
HUMPHRYS:                              And you'll eventually be making your own 
recommendations, will be giving your own evidence to the commission, telling 
them what you think should be done.  
 
STRAW:                                 Well we'll be giving our own evidence to 
the Commission, they'll query whether we tell them - I mean some of it will be 
of a factual kind whether... 
 
HUMPHRYS:                              Oh, quite so, but you'll be giving it 
your views. 
 
STRAW:                                 We'll obviously be asked for our 
observations about the relative balance of power between the new House of 
Lords...                                                                       
 
HUMPHRYS:                              ..well I'll come to that in just one 
second.  
 
STRAW:                                 ..a second chamber and the House of 
Commons, that's a very important area. But are we going to go before the Royal 
Commission and say,  'Listen folks, this is what we want you to do'?  Well of 
course we're not going to do that because that would be to negate the           
purpose of a Royal Commission and we're going to wait...we will put before them 
a range of considerations but obviously.. 
 
HUMPHRYS:                              And be entirely neutral? 
 
STRAW:                                 Well, no.  But I mean the manifesto 
commitment was clear.  It talked about a democratically representitive second 
chamber but one which has to acknowledge, very important, the supremacy of the 
House of Commons, whilst at the same time of course ensuring that the people 
who are, who do find themselves as members of this second chamber are able to 
do a proper and constructive job. 
 
HUMPHRYS:                              Given that it's going to be more 
democratic one way or the other, some people say perhaps it won't be if it's 
not -  but given that it's meant to be more - will it have more power than the 
present one? 
 
STRAW:                                 Well, that's a very important question.  
We are clear and we shall be saying so in the White Paper, that any 
recommendations for a change that they will come forward with in the 
composition of the House of Lords, cannot and must not challenge the supremacy 
of the House of Commons and that's for a very, very good reason that it is the 
elections, direct elections through constituencies to the House of Commons 
which determines who forms a government. 
 
HUMPHRYS:                              Could it not still have more power 
without doing that though? 
 
STRAW:                                 It might have is the answer.  I mean I 
would not anticipate it having more power for example over money which has 
always been very very clearly a matter entirely for the House of Commons for 
all sorts of very substantial reasons, about no taxation without direct 
representation.  The Royal Commission is going to have to look at the issue of 
powers for this reason;  that the only powers laid down for the House of Lords 
and restrictions of their powers in statute relate to their delaying powers 
which they very rarely use.  Everything else is actually determined by 
convention and on the whole, although until recently, that's worked.  So that's 
got to be an area that.... 
 
HUMPHRYS:                              There's no question of taking away some 
of those delaying powers? 
 
STRAW:                                 Well, there's an issue - obviously if 
you.. what has held, until very recently, has held back the Lords from using 
its formal powers has been a recognition that it is wholly unelected and many 
of them have no legitimacy at all there as hereditaries.  If you make the 
second chamber as you will do, a more legitimate more modern body, then of 
course those people are going to say  'well we might want to make more use of 
the powers that we really have which were in the locker', and that, therefore, 
leads to a question of whether the Royal Commission should look at those powers 
so that there is a proper balance in the new chamber between the supremacy of 
the House of Commons and the clear need for a revising chamber and for those 
people to do a proper job in the new House of Lords. 
 
HUMPHRYS:                              Jack Straw, many thanks for joining us.  
 
                                       And that's it for this week.  Until the 
same time next week - good afternoon. 
 
 
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