Extension of Franchise (House of Lords) Bill [HL]

Lord McFall of Alcluith Excerpts

Friday 5th July 2013 Lords Chamber

[Lord Parekh]

My Lords, I support the Bill introduced by my noble friend Lord Dubs. Ever since I became a Member of your Lordships’ House, I have asked myself why we are not allowed to vote in parliamentary elections. In fact, the first Question that I asked, on 17 January 2001, was precisely this: that on the grounds of human rights and equality of treatment, we ought to be able to vote. The debate that took place following that Question makes interesting reading, because many of the points being made today seem to rehearse some of those made at that time.

Generally, there seem to be two arguments as to why we cannot vote. One is that it is an established practice, reference being made to immemorial law and common-law practice. The other has to do with the fact that we are already here, present and in person, and therefore do not need to be represented. I find both arguments somewhat flimsy. Let me take them one by one.

On the first argument, how did this become an established practice? It is not a law or something to which the House of Lords ever consented. It was a House of Commons resolution passed in 1699. If one looks at the debate surrounding the passage of that resolution, it is clear that in those days of rotten boroughs the Commons were very concerned that the Lords should not be able to influence local elections. It was designed to stop us interfering in the election. The Lords never agreed, were never consulted and were never involved. That resolution is not sacrosanct because it has been amended, first in the Peerage Act 1963 and then in the House of Lords Act 1999. Under the resolution of 1699, no Peer could vote. That was changed in 1963 so that Peers could vote, provided that they were not Members of the House of Lords—and for years, hereditary Peers have been able to vote without any kind of objection, legal or otherwise, so that practice is not sacrosanct. It has been changed and if it could be changed once, it could be changed again provided we are convinced that there is a reason to do so.

I want to argue that there is a reason to do so. That leads me to the second defence of this practice, which is that we are here in person. When I asked that question on 17 January 2001, I was told by my noble friend Lord Bassam that, since we are already here in person and are entitled to voice our feelings and express our views, to allow us to vote in the election would be to give us a unique privilege which is not given to others. I found that argument unpersuasive but during Question Time we are not at liberty to pursue the debate any further. I want to do that now.

[Lord McFall of Alcluith]

My Lords—

[Lord Parekh]

I am sorry. May I just finish this argument? When we are told that we are here in person and therefore need not be represented by the parliamentary election, we are making an important assumption: that the two Houses have equal powers. If they do not have equal powers, that argument collapses. If the Commons could do certain things that this House cannot do, then the fact that we are here in person does not give me a unique privilege if I should be entitled to vote for the other place. For example, the Commons can make and unmake Governments. It has the power to impose taxes and deal with money Bills, which we do not have. Equally importantly, under the Salisbury convention, if a particular measure of a Government or political party has been approved by the majority, the party concerned has a right to enact it—irrespective of what we think.

I am suggesting that the Commons has far greater power, and rightly so as it is the pre-eminent body. If it is the pre-eminent body then our simply being here in person but unable to vote deprives us of the opportunity to do many of the things that the Commons does and which we cannot. I therefore suggest that not being allowed to vote deprives us of the equality of treatment to which all citizens are entitled. I will give way. I just wanted to make sure that I made that point straight.

[Lord McFall of Alcluith]

As a Member of the other place for 23 years, I was both here in person and proud to vote for myself in every general election. Is it not the case that House of Lords Members are disadvantaged, and would be allowed to vote in future for someone other than themselves?

[Lord Parekh]

If we were allowed to stand, we could certainly vote for ourselves too. Logically, the argument that we are here in person and therefore should not be allowed to vote because we do not need to be represented is a flawed one. Once you undermine that argument, there seems to be no logical basis for us not being allowed to vote.

There are of course other arguments: that one should not make a piecemeal change, as it should be part of a larger change. Well, larger changes are made up of small changes and unless you start by taking the first step somewhere, you would not be able to cover the journey. We are also being told that this is not the time. When is the right time? Who decides that and by what criteria? If, for the past 250 years, we have been saying “Let’s change this”, given that I asked that Question in 2001 and my noble friend Lord Dubs has introduced this Bill, there is already a feeling of momentum—a groundswell of opinion—that if citizenship consists in being able to have a say in shaping the Government of the country, we are not citizens if we do not have that say. Symbolic as it is, that simple point is of great significance and I strongly urge the House, as and when the time comes, to vote for the Bill.