House of Lords: Reform

Lord Paul Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Paul]

My Lords, this debate is both long overdue and very timely. In this day and age, it is abundantly clear that the structure of our constitution needs reform and revision. To depend on piecemeal legislation, convention, interpretations and other practices of the past will increasingly create ambiguities and imprecisions at a time when clarity and specificity are required to serve the needs of our ever more complex society. Effective reform is the best constitutional legacy we can bequeath to future generations.

As we engage in these efforts, we should broaden our approach. The structure of the constitution and issues such as the composition of this House have become our primary focus; however, I feel that it is as important to consider reform and revision of the processes, the procedures and the operating functions that underlie the constitutional structure and make it work. These are the nuts and bolts that give the structure its strength and assure its legitimacy.

In the penumbra of larger reform, we now have an excellent opportunity to make sure that these operating procedures and the ways in which this House regulates itself will conform to the highest standards of fairness and probity. In this context, four principles need to be incorporated in our working processes. Regretfully, they have not been fully adhered to in the past and this, as your Lordships are aware, has been the source of considerable controversy.

The first principle is equality in the way the rules of this House are applied. If there are any investigations or allegations regarding Members of this House, all those concerned must be treated equally; selective application of rules against some and exculpation of others is discriminatory. When it is known that many have done what only a few are castigated for, that can only be a gross transgression of British justice.

The second principle that needs to be clearly established is the undesirability of ex post facto application of rules. Rules and requirements that are in place at the time of alleged actions should be the rules that apply to any such situations. As far as I know, retrospective violations have no status and are not recognised in the courts of law. Why, then, should they be the basis of punishment for Members of this House? It may also be appropriate to consider how committees examining allegations against Members are composed—whether it is more appropriate to select committee chairpersons from among those who belonged to the House when the alleged events were supposed to have taken place.

The third principle is that of transparency. When this House or its committees conduct investigations or examine evidence, it is essential that all relevant documents be made available. Scrupulous care should be taken that nothing is omitted or withheld.

Finally, I believe it is essential that in any proceedings against a Member of this House, that Member should be allowed some legal representation, especially if he or she is to be subject to unrestrained cross-examination by legal luminaries. Simply summoning Members and denying them the right to legal representation is something that our justice system would not tolerate and nor should we.

Your Lordships will not be surprised at my interest in these matters. Experience, after all, is the parent of insight. However, my primary concern is that we govern ourselves with the same degree of propriety that we expect from the civil institutions of government. Reform will really be reform only when it reaches all levels. Widening the scope and application of reforms of this House allows us an opportunity to do this—an opportunity it would be unwise to neglect.