House of Lords: Reform

Debate between Lord Sewel and Lord Marks of Henley-on-Thames

Tuesday 21st June 2011 Lords Chamber

[Lord Marks of Henley-on-Thames]

I propose to address that argument during this speech, but I do not agree with it. I will set out my reasons for that in detail.

The primacy of the House of Commons, I suggest, is not affected by the proposals in the draft Bill for a number of reasons. The second of those reasons is that the substantial differences in composition that are proposed between the two Houses, along with the effect that those differences will have on their relative roles and importance, support the primacy of the House of Commons. Nor does the argument take into account the conventions governing the relationship between the two Houses, which, while they may develop, will set the ground rules for how the new arrangements operate if and when the draft Bill is enacted in whatever form.

As to the law, the effect of the Parliament Acts is that this House has no more than a delaying power of one year and no power at all over money Bills. As Members of this House have said many times, the Parliament Acts were all about the powers of the House of Lords in the context of a less developed democracy, where the composition of this House was not in question. However, one should not forget the political importance of the power to appoint Peers, even in that context. The 1911 Act was passed only because of the agreement of George V to create up to 400 new Liberal Peers—not a threat, I note, that the present Government have been prepared to replicate.

Yet the Parliament Acts set conclusive limits to the powers of this House. It follows that the primacy of the House of Commons is founded on the rock of statute and not, as is sometimes implied, on the shifting sands of parliamentary conventions. After all, parliamentary conventions could not and did not prevent this House from defeating the House of Commons on the Hunting Bill and then standing firm. This House maintained its determination not to pass the Bill. The House of Commons then asserted its will, and therefore its statutory primacy, by relying on the Parliament Acts.

[Lord Sewel]

Does the noble Lord accept that the whole justification and rationale for the Parliament Acts was conflict between an elected House and a non-elected House and the reluctance of the elected House to have its will frustrated by a non-elected House? That was the whole argument behind the Parliament Acts.

[Lord Marks of Henley-on-Thames]

Certainly I accept that, but I do not accept that it follows that the Parliament Acts will somehow be changed without further statute because of the passing of this draft Bill, or something like it, concerning the composition of this House. The powers of this House are determined and limited by the provisions of the Parliament Act passed, as the noble Lord suggests, in 1911 for the purpose that he sets out.