House of Lords: Reform

Lord Higgins Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Higgins]

My Lords, one of the charms of this place is that one can never tell what is going to happen next. Having listened to one remarkable speech after another yesterday, I found it difficult—indeed, impossible—to believe that any elected Chamber would have produced a debate of this quality.

The debate has been helpful in focusing the arguments on both sides. What has emerged clearly is that there is a very large number of arguments against the Bill but fundamentally only two in favour of it, although I have waited with anticipation to hear another. The first argument is that an elected Chamber would be more democratic. I believe that that is fundamentally untrue. We already have a democratic constitutional system which is 100 per cent democratic. Transferring responsibility from the House of Commons to this Chamber would undermine the fundamental democratic responsibility of the other place. The second argument is that a democratically elected second Chamber would be more legitimate. Yesterday, Member after Member pointed out that legitimacy takes many forms, be it representation from doctors, lawyers or whoever it may be. The reality is that the expertise and experience in this place makes us more legitimate as a revising Chamber than would be the case with an elected Chamber that lacked those fundamental attributes.

I say in passing that we keep on talking about this Chamber as a revising Chamber. However, it has been a lot more than that since 1998 because successive Governments—I regret to say that it is still true of this one—have undermined the situation in the other place through the imposition of programming. My own experience on the Front Bench for eight or nine years has been that time and again it is this Chamber, in clause after clause in a Bill, that actually fulfils that primary responsibility. If we are to reform anything, it is that aspect of the House of Commons that is in desperate need of reform.

I will put the matter into some political context. It is well known that time and again in opposition Mr Cameron said that House of Lords reform would be a matter for the third term. None the less, a proposal for reform turned up in the last manifesto, not the manifesto for three Parliaments’ time. It is very puzzling to know why that should be, because the idea that somehow putting that into a manifesto would give a real boost to the votes of the party putting it in—not least because all the parties put it in—is doubtful. None the less, that has been the position of the present leadership of the Conservative Party.

One of the features of the debate over the past 10 years has been the way in which the leadership of each party has become divorced from the views of the majority of the members. That was true for the so-called indicative vote, which Mr Straw introduced in the other place. We still have a difficulty in communicating our views to the leadership.

The other aspect of the debate relates to Mr Clegg. It seems quite clear that Mr Clegg sees his place in history as the great constitutional reformer. We started off with the referendum on the AV vote, and we all know where that got to. Moreover, the coalition agreement says:

“Lords appointments will be made with the object of creating a second chamber reflective of the share of the votes secured by the political parties in the last election”—

another of Mr Clegg’s enthusiasms, no doubt, but quite disastrous. I am not clear whether it was a conspiracy by him to undermine the position of this House, but in all events that has been the effect; we find our membership enormously increased, with all the problems that that has created.

The third of Mr Clegg’s enthusiasms is of course the abolition of this House and its replacement by a totally different system. While, as I say, there are only two arguments for this, there are many arguments against, not least because of the defective aspect of the Bill, which was created after apparently seven closed sessions. We have not seen the minutes of what was evolved, but we now have a Bill that in many respects—these have been pointed out time and again yesterday and today—is extremely defective.

We have here a Bill that is to be considered by committee. One aspect that the committee must consider was not raised at all yesterday; there is no mention of costs in the proposals. I think the House would be grateful to the noble Lord, Lord Lipsey, for having made calculations that show against a background of economic stringency that we are in danger of creating a Chamber that is vastly more expensive than the present arrangement. I very much hope that those in committee who will consider this will pay close attention to that.

Strangely enough, in almost all our affairs, the murky hand of the Treasury—I speak as one who has been involved in it—is pervasive. It seems to have been absolutely silent about the Bill, and I look forward to the noble Lord, Lord Sassoon—or, at any rate, my noble friend who is to wind up the debate—perhaps spelling out exactly what the costs of this expensive, unnecessary and dangerous exercise are likely to be.

It has been said by the noble Lord, Lord McNally, that the settled view of the Commons has been expressed. That is not so; the whole matter is open, and anyway the House of Commons is a vastly differently place from what it was in the last Parliament. I hope that, as the realisation of what is involved grows in the Commons, and as the dangers to its Members at both constituency level and in the House itself become more apparent, they will join Parliament as a whole in rejecting this Bill, which is dangerous, unnecessary and fails to build on the progress we have made over the last 100 years. Before the election and the increase in numbers, this House was working better than it has probably ever worked before. The important thing now is to preserve it and improve it on the lines set out by the noble Lord, Lord Steel, and others. To go the way this Bill proposes is fundamentally wrong.

[Lord Ryder of Wensum]

My noble friend spoke with great clarity about the disgraceful continuation of this Government in ensuring that every piece of legislation in the House of Commons is automatically guillotined. How does he square that fact with a comment made in your Lordships’ House by my noble friend the Leader of the House, when he said that his main reason for wanting to reform the House of Lords was,

“a more assertive House with the authority of the people and an elected mandate”?—[Official Report, 17/5/11; col. 1279.]

They have an elected mandate at the other end; they have the authority but they are not assertive. Would it not be reasonable to expect my noble friend to persuade his colleagues in the Cabinet to end the ridiculous automatic guillotining of every piece of legislation that comes through this Parliament?

[Lord Higgins]

My Lords, I am conscious of time and I can only say I agree 1,000 per cent with what my noble friend has just said.