House of Lords: Reform

Lord Elder Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Elder]

My Lords, I follow the noble Lord, Lord Lang, feeling suitably put in my place, because I have form in these debates. I will try to temper that by at least being brief. I have four points to make. First—and I always say this with some nervousness in this House—I was and remain a unicameralist. However, if that is not to be the outcome of the constitutional changes ahead of us, I do not wish to see anything other than an unelected House, which is unable to challenge the elected House in the Commons. A well informed but unelected revising Chamber, with the power to ask the elected Chamber to think again, should be maintained. I say that because I believe in the primacy of the House of Commons. I do not for a moment believe that it is possible to safeguard that primacy against the wishes of another elected House, unless of course we have a written constitution or, as the noble Lord, Lord Hennessy, said yesterday, some statutory limitation of the second Chamber’s powers, neither of which is on the agenda. That will be an inevitable consequence of a second elected Chamber.

We are deluding ourselves if we think that an elected Lords will not challenge the elected Commons—a point made yesterday by my noble friend Lord Grocott with his usual powerful candour. I suspect that, should the proposals in this White Paper come to fruition, the Liberal Democrats would not be able to restrain themselves from pointing out that a Second Chamber elected by STV rather than first past the post was, in their view, more legitimate than the other place. You cannot believe in proportional systems for as long as they have and then keep quiet when a highly proportional House is sitting beside one elected by first past the post. It would be seen as a more proportional and a better system, by them at least. They would see the House elected by that system as more legitimate. That is a recipe for disaster.

I also question the idea that the proposed House, with Members elected for one 15-year term, would somehow be more accountable than this House. Accountability comes not from election but from re-election, which is expressly ruled out in these proposals. Indeed, I fear that a 15-year term with no possibility of re-election begins to look like a sort of parliamentary version of a big lottery win. When one thinks of what some of the people who were elected did in terms of claims and expenses down the other end of the building, one wonders what the consequences might be if there was no possibility of re-election.

Secondly, I would like to say a few things about timing. I know that the coalition is for five years. However, am I alone in thinking that, with AV lost, this other most cherished part of Liberal Democrat thinking looks to be on a timetable that happily keeps reform just over the horizon for most of the rest of this Parliament? If at the end of that time it fails, well, that is not for one of the partners in the coalition so great a disaster. This is a very attractive carrot for the larger coalition partner to dangle before its less numerous friends.

Thirdly, I believe that it is absolutely fundamental to our constitutional settlement that such a fundamental change to that settlement should be the subject of a referendum. I know that all three parties suggested reform in their manifestos, but giving the British people no choice, which is effectively what that meant, does not seem a satisfactory way forward in a democracy. The mere fact that the British electorate had no choice but to vote for a political party that believed in reform does not necessarily mean that they agree with that reform. I absolutely believe that we should have a referendum on so fundamental a change.

Fourthly, and finally, when the proposals made by the noble Lord, Lord Steel of Aikwood, were first put forward, I regarded them as a trifle thin. However, unusually for constitutional proposals, with the passing of time they have managed to look much more substantial, much more sensible and much more worth while. They can certainly be agreed and can be implemented quite quickly. I would wholeheartedly support that happening. They look increasingly good—and they will look better still when the current proposals, in due course, collapse under their own weight.