House of Lords Reform

Debate between Lord Maclennan of Rogart and Lord Brooke of Alverthorpe

Tuesday 29th June 2010 Lords Chamber

[Lord Maclennan of Rogart]

My Lords, I have been involved in several attempts to move the House of Lords towards a 21st-century institution of our democracy. I do not agree with those who say that nothing has happened. The outcome of the discussions between the Labour Party and Liberal Democrats that were led by Robin Cook and me was that measures for the reform of this House were introduced. That there was a compromise as a result of the clever negotiation between Lord Cranborne—now the noble Marquis, Lord Salisbury—and Tony Blair about the hereditary Peers certainly stalled the process of reform. However, that was not the end of the story, because in 2005 we had a significant Bill, which, as I mentioned in an earlier intervention, removed the Law Lords from this place. That followed the wise advice of the then senior Law Lord, the noble and learned Lord, Lord Bingham, who took the view that those who made the law should not sit in judgment on their own laws. We were moving. The previous Government produced a White Paper that indicated further moves.

The noble Lord, Lord Richard, exaggerates when he says that no one listens to the work that is done by this House. The actuality is that, during the past five years, some 40 per cent of the amendments passed by it, against the advice of the Government at the time, have been accepted without cavil. That may not have captured the headlines in the broadsheets; it may not have been reported more widely than in “Yesterday in Parliament” en route; but we have made a big impact on legislation and have stepped in very often when the Commons was not ready to make a move because it was very largely in the hands of the Executive.

In considering today the case for the reform of the House of Lords, what should be up front is not the process, which seems to have dominated the debate to some extent, but what the objective is and where we will see an improvement in our system of governance. For that, I agree that it would be sensible to look at this House’s transition to a modern elected House, because most of us have some direct interest in the House as it is structured. However, let us also consider where we should end up.

The weakness of our parliamentary democracy is not its bicameralism; it is the fact that its principal House—there have been references to retaining its primacy in every debate that we have had—is very largely the creature of the Executive if they enjoy a substantial majority. That does not help to improve the quality of governance, which is why this House, reformed, should have a major role. There is certainly a case for considering how that could be more effectively discharged; for example, I cannot really see that we need to circumscribe the Prime Minister’s choice of Ministers by saying that they have to be either drawn from the Commons or appointed to the Lords. That gives the second Chamber a heavier bent towards the Executive than it would have if it were empowered to draw in to answer its questions all those who were responsible for Acts of government. I hope that the second Chamber, as reformed, will not contain Ministers of the Crown, but that Ministers of the Crown will be required to attend when it has a Bill for which they are responsible or to answer questions when they are departmentally responsible.

I am glad that nobody in this debate or in any other debate that I can recall has seriously suggested that we could do without a second Chamber. Reform, not abolition, is under discussion. However, the discussion also ought to take into account as a goal, and as part of the case for reform, the fact that the Commons is grossly overloaded. It has to be said, taking that consideration into account, that it is somewhat odd to be looking for a substantial reduction in the number of Members. Does this not point to a sensible delimitation of functions between the two reformed Houses? Would it not make sense to have some second-guessing, which allows opportunities for reconsideration?

Also, as we give the other place priority over money Bills and exclude this House from their consideration, should we not give the reformed upper House priority over considering the country’s international obligations such as the treaty-making process and perhaps European Union oversight? That is a growing weight of responsibility for Parliament as a whole, and if we are all second-guessing each other all the time we are diminishing the amount of time available for the vast global responsibilities in which we wish to play some part.

This House has 137 Members at the last count engaged in its subject committees, which one might regard as a very active part of its membership. That sort of number might be a target for the size of the reformed second House. It is certainly clear that we need to have a committed House in which Members are prepared to work their socks off. Many do, and that is what has allowed this House to survive as long as it has in its present form.

I put it to the House, not as a postscript but as a central proposition, that we have such expertise, as the noble and learned Lord, Lord Howe, said, that we do not wish to see it lost entirely to the governance of this country. That should not be included in a reformed, elected House—

[Lord Brooke of Alverthorpe]

My Lords—

[Lord Maclennan of Rogart]

My time is almost up. That should not be included in this House directly, but it might be incorporated in a separate institution such as a council of state, which would not have the power to block the Government or reform legislation but would have the power to make amendments and draw in evidence from outside as well as informing the proceedings of both Houses of Parliament. With the complexity of government that we have today, that expertise should not be abandoned to our processes.