Draft House of Lords Reform Bill

Baroness Knight of Collingtree Excerpts

Monday 30th April 2012 Lords Chamber

[Baroness Symons of Vernham Dean]

My Lords, I, too, thank the noble Lord, Lord Richard, for his introduction to the debate and for his chairmanship of the Joint Committee. His stamina and determination were both fully tested in his chairmanship of a very diverse and opinionated group of parliamentarians. I declare an interest not only as a member of that committee but as one of the signatories to the alternative report. There were 12 of us—just one short of half the Joint Committee. Our group of 12 was also diverse, with MPs and Peers from both the Labour and Conservative Parties, and with Cross-Bench and episcopal support. Some of us supported a fully elected second Chamber; others did not.

However, the crucial and fundamental starting point on which we all agreed was that the draft Bill and White Paper offer a misleading prospectus for change. Reading them, that is apparent from the start. The introduction to the White Paper, strongly emphasised by the Deputy Prime Minister in his evidence, says that,

“it is important that those who make the laws of the land should be elected by those to whom those laws apply”.

The House of Lords is of course part of the legislative process—we scrutinise legislation and suggest amendments to the Commons—but every single decision that goes into law is ultimately a Commons decision. When I was a young civil servant, I was told that that is why the Commons votes Aye and No and we in the Lords vote only Content and Not-Content. The lawmakers—the ultimate decision takers—are the Commons, because they are elected.

Another questionable premise is set out in the summary of proposals which deals with powers. The summary says that it is proposed to elect the Lords without changes to the fundamental relationship with the Commons which, it claims, rests partly on the Parliament Acts and on Commons financial privilege. Commons primacy rests on the simple fact that the Commons is elected and we are not. Erskine May makes this absolutely plain in the section that deals with the power and jurisdiction of Parliament. On primacy, Erskine May states:

“The dominant influence enjoyed by the House of Commons within Parliament may be ascribed principally to its status as an elected assembly, the Members of which serve as the chosen representatives of the people”.

On financial privilege, it states:

“As such the House of Commons possesses the most important power vested in any branch of the legislature, the right of imposing taxes upon the people and of voting money for the public service”.

Moreover, the preamble to the Parliament Act 1911 states that the Act was necessary because the Lords was not,

“constituted on a popular … basis”.

That is, it was not elected. Once the Lords is elected, the reasons for the Parliament Act are eroded. Both Houses will be constituted on a popular basis and contain, as Erskine May says,

“the chosen representatives of the people”.

Despite these arguments, it is still possible to argue that, as part of the legislative machinery, Members of this House should indeed be elected. One can mount a logical and sustainable argument to support that. What is not logical or sustainable is to argue that Commons primacy and the current relationship between the two Houses will be unchanged. The Government were obviously aware of the problem and proposed Clause 2 of the draft Bill. We took a great deal of evidence on Clause 2. Only two supporters gave evidence in favour of it—the Deputy Prime Minister, Mr Clegg, and the Minister responsible, Mr Harper. The entire Joint Committee agreed that Clause 2 is a nonsense—unworkable and misconceived. However, many of us believe that there is more to it than that. There is a fundamental flaw in the Bill, which is the unbridgeable gap between the Government’s proposals for electing the House of Lords and the continuation of Commons primacy.

An elected House of Lords may well strengthen democracy. Having campaigned, canvassed and got support, Members would be elected on the basis of a mandate. They would represent their electors and be expected to exercise a mandate on behalf of those electors. The Government seem to think that democracy is solely about elections, but it is about the elected acting on behalf of their electorate. Why should an elected Peer subjugate the wishes of his or her electorate to those of an elected MP? What is the logic of continuing Commons primacy after the Lords is elected?

The Government have one basic answer to that question: do as much as possible to distance the elected Peer from his or her electorate. The supporters of the draft Bill claim that, if enacted, it would strengthen our democracy and the House would be more democratic and legitimate. However, at every point, the draft Bill and the White Paper seek to distance the elected Peer from their electors. They are quite open about this. The 15-year term is designed to ensure that the Commons mandate is always fresher. The non-renewable nature of the Lords’ term and the block on an elected Lord standing for the Commons have nothing to do with democracy and everything to do with protecting MPs from locally elected Peers who may become just a bit too popular.

The huge multi-constituencies of more than 500,000 people will ensure distance between the electors and the elected. These measures will not achieve their ends—that of protecting the Commons. Nor are they anything like as democratic as they should be. Elected Peers with a 15-year term, representing more than 500,000 voters, will be alongside MPs with five-year terms and constituencies of around 76,000. Will a Peer who is entrenched for 15 years, representing 500,000 and possibly elected by thousands more than the local MP, have more or less weight than the local MP?

Secondly, there is self-evidently little or no accountability in this system. At one point in the Joint Committee’s discussions, I was told that this is not about accountability. I may be wrong but I thought accountability was part and parcel of a modern democracy. The noble Baroness, Lady Scott, is quite right: of course, we need reform. I support the sort of reform put forward by the noble Lord, Lord Steel, and the noble Baroness, Lady Hayman. We could take that forward now, but then we would need to turn to the much bigger and more serious question of House of Lords elections. Electing the Lords would change the political and constitutional landscape of this country and would affect the Scottish Parliament and the Welsh and Northern Irish Assemblies. It demands serious consideration of electoral systems, including indirect elections, but above all it needs an honest and clear determination of what the new relationship between the two Houses will be. To achieve that we need to do two things. First, we need to reconvene the Joint Committee on Conventions originally chaired by my noble friend Lord Cunningham. The Deputy Prime Minister says that the conventions will evolve. We cannot run a country on a “let us see what happens” basis. That would be constitutionally disastrous and utterly irresponsible. No Government worth their salt should even contemplate doing so.

The second thing that we need to do is to set up a properly comprehensive constitutional convention to work through all the questions that need answers. I know opponents of this say that it constitutes kicking the measure into the long grass, but that is a feeble answer to such a serious question. A constitutional convention is the responsible and sensible way to resolve the huge questions that the supporters of the Bill have so conspicuously failed to answer. We did it for Scotland, Wales and Northern Ireland, so why not do it for the United Kingdom as a whole? Why should our constitutional settlement be treated with any less care and respect than those of our constituent parts? Of course, political decisions need to be taken on this matter but we need to do so much more than that. We need to hear from the people of this country what they think.

Therefore, ultimately, we need a referendum. I understand why the Liberal Democrats are so opposed to that; the AV result must have been a terrible shock to them. However, they argue, and the noble Lord the Leader of the House has argued, that there is no need for a referendum because at the 2010 election all three parties supported the election of the House of Lords. However, the noble Lord needs to remember that no one actually won the 2010 election. In fact, like us, the Liberal Democrats lost seats. The only party that won seats was his party, which said that this was a third-term issue. Real democracy means electing the Lords with commensurate powers, as the main report says—a point left out by many who have spoken on this issue this afternoon. We were agreed on the need to have commensurate powers and for the individual to have the power to act on behalf of his or her electorate as a Minister, Secretary of State, even Prime Minister, and to be part of a properly constituted democratic body.

In a speech that he made in December last year, the Deputy Prime Minister accused this House of having only a “veneer of expertise”. I put it to your Lordships that this Bill will not do because it has only a veneer of democracy.

[Baroness Knight of Collingtree]

Before the noble Baroness sits down, I entirely agree with her remarks about primacy, but is there not also a concern that such a system would rob us completely of the independent Peers in this House?