House of Lords Reform and Size of the House of Commons

Debate between Lord Jackson of Peterborough and Jacob Rees-Mogg

Wednesday 19th October 2016 Commons Chamber

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Thank you, Mr Deputy Speaker. It is an enormous pleasure to follow the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), who expressed himself with such vim and vigour.

The motion tabled by the hon. Member for Perth and North Perthshire (Pete Wishart) is an important motion and a proper subject for us to debate. It is something that we have been debating for hundreds of years. The earliest debate I can find for deciding to limit the House of Lords is in 1719, and we will all remember that the Parliament Act 1911 states that it is a temporary measure until a more democratic means of choosing an upper House can be found.

These problems are not new, and there are serious problems with the House of Lords. I do not think anyone would try to pretend otherwise. It is not by any means perfect and its imperfection is partly in its size, partly in its unaccountability and partly, as the hon. Member for Perth and North Perthshire so rightly said, in its Liberal Democrats. I do not say that as a cheap shot against the Liberal Democrats, though those are perfectly fun. I say it because the very large number of Lib Dems who are there, who are abusing their position in the Lords to thwart the will of the elected Government, have made a real problem for the Government and for the democratic legitimacy of the House of Lords. There are unquestionably problems, but what is the solution?

What we have considered in previous Parliaments is a democratically elected upper House. That sounds very sensible in theory, but there is a fundamental problem for us in this House that if we have a democratically elected House of Lords, its powers will be equal to ours. Even if the letter of the law allows us to overrule the Lords, that will soon cease to be a political reality. A democratically elected House of Lords challenges the Commons, and if a democratically elected House of Lords is on a different electoral system, it might even claim a higher validity than we have and therefore the right to overrule us. Then we would probably have a gridlocked system like that in the United States, with the two Houses being unable to co-operate and an inability to govern and to get legislation through.

[Mr Jackson]

Does my hon. Friend agree that the Liberal Democrats were complicit in the failure of their once-in-a-generation opportunity for House of Lords reform by bringing forward a ludicrous proposal for a 15-year non-renewable mandate, which would have challenged the authority and mandate of this House?

[Mr Rees-Mogg]

That was part of the problem. The other problem was that they were quite unwilling to set out what they would do between the conventions that both Houses have. If those conventions are legislated for, who is to determine whether the conventions are followed? Would that be the courts, and then would the courts interfere in Parliament? Or would the conventions be decided by consensus between the two Houses? In that case we would be back to the gridlock that I was warning about.

That is why the problem has not been solved. There is not a good democratic solution unless we are willing to downgrade the House of Commons, which I personally would be very much against doing. With our constituency-based relationship we have a wonderful system of democracy through this House. The hon. Member for Wansbeck (Ian Lavery) made a very powerful speech, but I disagree with him in thinking that the reform to constituencies is gerrymandering. It really is not. It is getting the numbers to be equal, which is a proper thing to do.

It would be wrong to fight the next general election on the electoral roll from 2000. That needs to be updated, and although the later the date the better—so I am not unsympathetic to the call to move it on two years later— that is not practical. It cannot be done on the absolutely last electoral roll, but by doing it every five years, we ensure that there is continuity in updating and a regular fairness in the size of the constituencies. I disagree with the hon. Gentleman on that point and think it is important, through that constituency link, to defend the primacy of this House, which is the democratic House.

That is why I am less worried than the hon. Member for Perth and North Perthshire about the failures of the House of Lords. Ultimately we are in charge. We can use the 1911 Parliament Act. We may decide to use that to do something on statutory instruments if the House of Lords challenges the Government on their democratically mandated implementation of policy. The democratic right overrides the undemocratic element. That gives me certainty and security that the nation is not becoming the People’s Republic of China, Lesotho or whatever other random examples have been brought up, because they do not have that democratic underpinning. Therefore, the size of the House of Lords is just a problem that we will have to live with.

In 1719, the main reason for opposing a limit on the numbers in the House of Lords was that a limit would make the Members who were already there more powerful because their power could not be diluted by adding more peers. That remains true today, because the one great authority this Chamber still retains over the House of Lords, via the Prime Minister, is not so much the 1911 Act, but the threat of creating many more peers, which was, of course, threatened in 1832 and in 1911—on both occasions to ensure the democratic will could prevail. We must maintain the ability to do that, even while recognising that the House of Lords is too big and has problems. However, this needs to be an evolutionary reform, which I would happily go into, Mr Deputy Speaker, but on another occasion.