House of Lords Reform

Debate between Lord Desai and Lord Pilkington of Oxenford

Tuesday 29th June 2010 Lords Chamber

[Lord Desai]

My Lords, it is a great privilege to follow the noble Lord, with whom I totally disagree, although I shall not explain why as I do not have the time.

I have been in this House for 19 years but I still fail to admire myself so much that I think of myself as indispensible to the British constitution. It is difficult not to be in love with oneself but I try. I am for a wholly elected House of Lords and always have been. I belong to a party which, I remind my noble friends on this side of the House, had to be dragged from being abolitionist to being in favour of a reformed House of Lords. If some of us have now moved to a no-change position, I shall not join them.

This, I believe, is the first time that we are in serious danger of being reformed. We at last have a Government who have the commitment to do that and, given what they are doing—I believe, rightly—to the economy, they need a political programme that will prove their radicalism. This Government have the majority in the House of Commons—and perhaps even in the House of Lords, although whipping is difficult—that will make it possible for them to pass a Bill on reforming the Lords to a wholly or partially elected House. That is quite a serious possibility. This is now the time to stop thinking that this issue will go away or that people will get into a discussion about powers and conventions and that somehow reform will never happen.

I take this matter very seriously. I believe that this Government should not only draft a Bill for whichever option they choose—as I said, I prefer the wholly elected option—but should also be prepared to use the 1949 Act. When Tony Blair came to visit the Labour Peers’ Group about five years ago just after he had made a hospital pass to Jack Straw about House of Lords reform, I remember asking him whether he was going to use the 1949 Act. He looked as though I had assaulted him. He said, “No, of course not. I am going to rely on consensus”. At that moment, I knew that reform would not happen.

Constitutional change does not happen by consensus; it happens by conflict, as British history shows, although I shall not go into that. If we are serious—and I am very serious about this—then we have to get this Bill through. We have already waited 100 years. The right honourable gentleman the Deputy Prime Minister may not quite get what he wants in 2011 but he may get it in 2012. I want reform because of the inadequacy of the House of Commons to be a check on the Executive and because our appointed position does not make us powerful enough to check the Executive, despite the evidence that the noble Lord, Lord Maclennan, gave of our amendments being accepted. When push comes to shove, we always have to say that the other place is right and that we are wrong.

I consider the primacy of the Commons to be an historical accident of the past 1,000 years or so. It is an historical accident because your Lordships’ House is unelected. No Commonwealth countries adopted this bicameral model when they left the Empire. They all took a bicameral model but none had an appointed or hereditary House.

[Lord Pilkington of Oxenford]

Can I correct the noble Lord? What about Canada?

[Lord Desai]

I stand corrected. I always think of larger countries such as India and Pakistan. I apologise for that. However, Canada did not make its second Chamber hereditary, because at that time it did not have that option. There was not even an appointed element in your Lordships’ House when Canada made that choice.

The point is that other countries manage to have bicameral legislations with elected representatives and they get into conflict. Conflict is the essence of politics and conflicts get resolved. There are established ways of reconciling conflicts between two Chambers of a Parliament wherever there are two Chambers. Why are we afraid of conflict? Solidly belonging to my party, I believe that good things, including progress, come out of conflict; progress does not come out of reconciliation.

If we want a really effective Parliament—one that will be a check on the Executive—perhaps we will have to abandon the wisdom and sagacity of your Lordships’ House and have a Chamber which is elected and legitimate and which will be able effectively to check the Executive. We will then have to consider on what grounds we elect that Chamber, and a number of suggestions have already been made. The noble Lord, Lord Low, in particular, made a very interesting suggestion about appealing to various constituencies such as the royal societies and so on. However, we have to move to an elected principle—perhaps not on territorial grounds like the House of Commons—with Members who cannot be re-elected so that they are independent. Fear not, my Lords. There are other people who are very capable; the fact that they are not here does not prove that they are not.