Draft House of Lords Reform Bill

Lord Cormack Excerpts

Tuesday 1st May 2012 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, the amount of time in the next Session to be spent on this subject will depend partly on how dispassionately both Houses approach the issue.

On the principle of the wedge, if we accept this, it will be impossible to stop short of further and disastrous consequences: a written constitution, a judicially arbitrated constitution or, as the noble Lord, Lord Bilimoria, suggested, a republic. Others want a written constitution before we reform the Lords or argue that further reforms will fundamentally alter the nature of Britain. In considering whether this House might introduce an elected Chamber, my noble friend Lord Cormack told us that we are talking about the future of this country.

Alternative proposals have been scattered across the Chamber: an indirectly elected House, the modest reform put forward by the noble Baroness, Lady Hayman, and the noble Lord, Lord Steel, or a full constitutional convention. I was utterly surprised by the enthusiasm expressed around the Chamber for the Steel Bill, given the bitter opposition to so much of it in the Chamber over several years. I am still not sure whether the support has been expressed for the full Steel package or for the emasculated Bill that emerged from Third Reading.

We have had plenty of other arguments against change: constituency competition, the bug bear of former MPs. In one way or another, those of us who live outside the metropolitan south east already play some of those roles and we see them as part of our responsibility within an appointed House. I have been president of my party’s Yorkshire region; I spend time at weekends going to constituencies and conferences; and I run into Peers from other parties at various Yorkshire events. We already fulfil some of those constituency responsibilities.

The issue of costs has been raised. We must be very strict about costs, although if we have to have a referendum we will spend £100 million on it.

Primacy of the Commons is a wonderful obstacle against which one can kick. If necessary, we must do all that we can to defy the will of the Commons in order to preserve its primacy and its financial privilege. Conventions must be written in stone, although the noble Lord, Lord Cunningham, remarked that conventions, of their nature, are not rules and that they must be allowed to evolve and that a concordat between the two Houses would therefore be an appropriate way forward.

I hear some people say that there is not much interest in Lords reform among the public but, nevertheless, there must be a referendum. I respectfully remind Members of this House that one of the most fundamental constitutional changes that we have witnessed since I joined the House is the separation of the judicial function from the legislative function through the establishment of the Supreme Court and that was carried through without a referendum.

Hybridity has been mentioned by the noble Lord, Lord Hunt of Kings Heath, as completely unacceptable because it would make the House unworkable. This House has always been hybrid; it consists of Lords Spiritual and Lords Temporal and, when I joined the House, it was partly hereditary and partly appointed. I recall a colleague in the Association of Conservative Peers saying that in the Conservative group the hereditaries referred to the Life Peers as “the day boys”. Only those who have been to boarding school know how dismissive that is; it refers to a subordinate body to the lifers. This would merely be a shift to another form of hybridity.

The argument has been made by the noble Lord, Lord Desai, and by the noble Baroness, Lady Taylor of Bolton, that a second Chamber elected on proportional representation might even claim greater legitimacy than the Commons because it would be more fully representative of the opinion of voters as a whole, which suggests that we all prefer a less legitimate voting system than the one that might be used for this House. Above all, we have to wait for a consensus in this House or in the Commons.

[Lord Cormack]

My Lords, I had hoped that the Minister would indicate that he has listened to what has been said and that the Government would reflect on what has been said in the debate on such issues as hybridity, referendum and primacy. My noble friend is coming suspiciously close to saying that he has a closed mind on these issues. I hope that he will draw back and indicate that what has been said in the official report, the alternative report and on the Floor of this House over the past 24 hours will be taken into account before the Government decide whether to proceed with a Bill and what sort of a Bill it will be.

[Lord Wallace of Saltaire]

My Lords, I have listened carefully to almost the entire debate and particularly to my noble friend’s contribution. Many within the Government will be reading the debate in Hansard. As I said at the beginning, I did not hear much with which I was not already familiar. I suspect that that may be true of many noble Lords. Of course we shall be reflecting on matters and, if proposals are brought forward in the Queen’s Speech, a great deal of what has been said will be reflected in those proposals.